Sec 9 11 16

Question 1

Sec 9 cultivation of prohibited drugs

What is the defence 9(4)

Strain ur balls

Answer 1

Person charged proves:

• the prohibited plant was of the species papaver sommniferum
• Not intended to be a controlled drug
• Not being developed as a strain from which a control drug can be produced

Question 2

Sec 16. Obstruction of officers MODA 1975

Answer 2

Obstructing anyone who is executing powers for MODA 1975

Question 3

In relation to an offence against s9 what must you prove

Answer 3

Identity of the suspect

Cultivated a prohibited plant

Question 4

Categories of cannabis cultivation

Answer 4

Cat 1 personal use

Cat 2 for sale to deprive profit

Cat 3 large scale commercial set up 5x or 10x over the presumption threshold

(crown prosecutions plus all s6 offences)

Question 5

Section 28(a) allows you to file charging docs at anytime for the offences….

Answer 5

Dealing s6

Cultivating s9

Aiding offences against corresponding law in another country s10

Question 6

sec 28(b) states the limitation period for any other offences against the act or regulations made under it……

Answer 6

4 years after the date on which the offence was committed

Question 7

Bail sec 16

Answer 7

Only a high court or district court judge may grant bail for drug dealing offence

Question 8

Bail act sec 17A

restrictions on bail if defendant charged with serious Class A drug offence

Answer 8

Of or over 18yrs of age

Age 17yrs charged with offence in district or high court

Defendant Satisfies the judge that bail or remand at large should be granted

Defendant must satisfiy the judge on balance of probabilities that while on bail or remand at large will not commit any drug dealing offences

Question 9

S29b MODA considers preparation (prosecutions)

Answer 9

For the purposes of any Proceedings for an offence against Any of the provisions is s6 or s7 in relation to cannabis preparation the filling provisions shall apply

Prosecution to prove the preparation contains any tetrahydrocannabolis

Preparation seemed to have been produced by subjecting cannabis plant to a processing

Plant material means any part of the leaf flower or stalk of any plant

Dispute between prosecutor and defendant determined by jury with visual inspection

Question 10

Comparison of s23 S&S and 13a drugs amendment 19758

Answer 10

Internal searches of people who are under arrest for 6,7,11 and believed to be concealing internally (police only request)

Question 11

Sec 3 bail act drug dealing offence means…..

Answer 11

Any offence against s6 or 12C(1)(a) of the MODA 75 in relation to class A Or B controlled drug

Attempt to commit an offence