Section 12 Flashcards

1
Q

Sec 12(1)

Use of premises or vehicle

A

Knowingly permits any premises, vessel, aircraft motor vehicle to be used for the purpose of the commission of an offence against this act

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2
Q

Sec 12A(1)

A

Supplied/produced/manufactured equipment, material or precusors

Items are capable of being used in the production or manufacture or cultivation

Defendant knew those items were used for such an offence by another person

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3
Q

What 3 elements MUST crown prove for sec 12A(1)

A
  • Defendant supplied produced or manufactured equipment material or precursors
  • those items are capable of being used in the production, manufacture of controlled drugs and cultivation of prohibited plants
  • defendant knows those items are to be used for such an offence
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4
Q

What is material

A

Anything not described in equipment

Eg recipe for meth

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5
Q

What is equipment

A

Apparatus or hardware used in manufacturing, producing or cultivating

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6
Q

Examples of equipment

A

Glassware
Pots
Timers
Water pump

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7
Q

Sec 12A(2) possession of equipment/precursors

A

Possession of the equipment/precursors/material

Capable of being used in production manufacturing and cultivation

Intent those items are to be used for such an offense by him or another person

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8
Q

What is the difference between 12A(1) and 12A(2)

A

12A(1) supplies equipment

12A (2) possession of equipment

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