Section 12 Flashcards
Sec 12(1)
Use of premises or vehicle
Knowingly permits any premises, vessel, aircraft motor vehicle to be used for the purpose of the commission of an offence against this act
Sec 12A(1)
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
What 3 elements MUST crown prove for sec 12A(1)
- 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
What is material
Anything not described in equipment
Eg recipe for meth
What is equipment
Apparatus or hardware used in manufacturing, producing or cultivating
Examples of equipment
Glassware
Pots
Timers
Water pump
Sec 12A(2) possession of equipment/precursors
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
What is the difference between 12A(1) and 12A(2)
12A(1) supplies equipment
12A (2) possession of equipment