Section 12A - Equipment, Material And Substances Used In Podutin Or Cultivation Of Controlled Drugs

Question 1

What are the two offences within Section 12A MODA 1975?

Answer 1

Section 12A(1) - Supplies Equipment /Precursors
Section 12A(2) - Possession of equipment/Precursors

Question 2

For a charge under section 12A(1) the Crown must prove three elements they are?

(Supplies Equipment/Precursors)

Answer 2

• That the defendant has supplied, produces or manufactured equipment,material or precursors
• that those items are capable of being used in the production of manufacture of controlled drugs, or the cultivation of prohibited plants
• That the defendant knows those items are to be used for such an offence by another person.

Question 3

The term Equipment means.

Answer 3

Includes implements, apparatus and other hardware used in the manufacturing, producing or cultivating process.

Question 4

The term material means?

Answer 4

Includes anything used in the process of producing, manufacturing or cultivating that cannot be properly described as equipment.

Examples - chemicals, documents providing instructions on the manufacturing process

Question 5

What does precursor mean?

Answer 5

Something that comes before something else. In this context it refers to a substance thats is the starting point in a chemical process that will result in a new drug.

Examples - Acetic anhydride
Ephedrine

Question 6

Knowledge requires more than mere suspicion, it must be proved that the accused…

Answer 6

Knew the items were to be used in the commission of a specified offence.

Question 7

For a charge under Section 12A(2) the Crown must prove three elements what are they?

Answer 7

That the defendant has equipment, material or precursors in his possession.
That those items are capable of being used in the production or manufacture of controlled drugs or cultivation of prohibited plants
That the defendant has the intention that those items are to be used for such an officer, either by himself or another person.

Question 8

It must be proved that the defendant intended the items to be used sometime in the future?

Answer 8

Yes

Question 9

True False

It is not necessary that the defendant intends to use the items himself - it is sufficient if he intends the items to be used by another person?

Answer 9

True

Question 10

While it is necessary to prove the defendants intention that the items be used in a specified offence is it necessary to prove that the offence was actually committed or even attempted?

Answer 10

No, it is not necessary to prove that the offence was actually committed to attempted.