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Fieldy Drugs Study > Sections > Flashcards

Sections Flashcards

1
Q

Section - MoDA 75 s6(1)(a)

A

Drug Dealing (Import/Export)

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2
Q

Section - MoDA 75 s6(1)(b)

A

Drug Dealing (Produce/Manufacture)

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3
Q

Section - MoDA 75 s6(1)(c)

A

Drug Dealing (Supply/Administer Class A or Class B)

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4
Q

Section - MoDA 75 s6(1)(d)

A

Drug Dealing (supply/administer class C to under 18)

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5
Q

Section - MoDA 75 s6(1)(e)

A

Drug Dealing (sell/offer to sell class C to a person 18 or over)

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6
Q

Section - MoDA 75 s6(1)(f)

A

Drug Dealing (possession for purposes of supply)

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7
Q

Section - MoDA 75 s6(2)

A

Drug Dealing penalties
Class A - life imprisonment
Class B - 14 years imprisonment
All other cases - 10 years imprisonment

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8
Q

Section - MoDA 75 s6(2A)

A

Conspiracy to commit drug dealing

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9
Q

Section - MoDA 75 s6(5)

A
  • For the purposes of paragraph (e) of subsection (1) of the section,
  • if it is proven that a person has supplied a control drug to another person
  • he shall until the contrary is proven be deemed to have sold that controlled drug to that other person.
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10
Q

Section - MoDA 75 s6(6)

A

For the purposes of subsection (1) (f),
- A person is presumed until the contrary is proven to be in possession of a controlled drug for any of the purposes in subsection (1)(c), (d), or (e)
- if he she is in position of the control drug and amount, level, or quantity at or over which the control drug is presumed to be for supply.

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11
Q

Section - MoDA 75 s29A

A
  • While is necessary that the amount of the control drug is of usable quantity,
  • under section 29A it is not necessary for the prosecution to prove that fact unless the defendant puts the matter in issue
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12
Q

Section - MoDA 75 s29B

A

Cannabis preparation is produced by subjecting cannabis Plant to some kind of processing that renders it unrecognisable as Plant material – for example producing cannabis oil or baking cannabis cake

Is for the prosecution to prove that the preparation to which the charge relates contains any THC

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13
Q

Section - MoDA 75 s29

A

Mistake as to nature of control drug or precursor substance.
– ……The defendant shall not be acquitted of the offence charged by reason only of the fact that he did not know or may not have known that the substance preparation mixture article and question was the particular control drug or precursor substance alleged.

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14
Q

Section - MoDA 75 s12A(1)

A
  • Produce/manufacture/supply
  • equipment/material/precursor substance
  • knowing that the equipment, material, or substance to be used in or for the commission of an offence against s6(1)(b) or s9
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15
Q

Section - MoDA 75 s12A(2)

A

– Possess any equipment or material or any precursor substance
- with the intention that that equipment, material, or substance is to be used in, or for, an offence against section 6 (1)(b) or section 9.

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16
Q

Section - MoDA 75 s9

A

Cultivation of Prohibited Plants

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17
Q

Section - MoDA 75 s12

A

Knowingly permits use of premises or vehicle (for an offence against MoDA 75)

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18
Q

Section - MoDA 75 s16

A

Obstruction of Officers

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19
Q

Section - Medicines Act 1981 s43, s44 & s45

A

Offences relating to prescription medicines

20
Q

Section - health (needles and syringes) regulations 1998, regulations 11 and 12.

A

Offences relating to needles and syringes. Possession of the needle per se is not an offence but will become so if the syringe contains a usable amount of a controlled drug. An offence has been committed in respect of the drugs i.e. possession

21
Q

Section - MoDA 75 s7(1)(a)

A
  • offence of possession/consuming of controlled drugs
22
Q

Section - MoDA 75 s7(1)(b)

A

Offence of supply/administer/offer to supply/administer class C controlled drug

23
Q

Section - CPA 2012 s139

A

Section 139 outline the procedure of charges are to be held together.
-if one charges to be tried by a jury then all charges must be tried by a jury.
- Likewise, if one charges to be tried in the High Court, all charges must be tried in the High Court
- This exceptional circumstances exist if charges are to be here against one or more other defendants. Then if one defendant all to be tried by jury on one charge all charges against all the defendants must be tried by jury.
- Charges to be tried in the High Court all charges against all defendants must be tried in the High Court.

24
Q

Section - MoDA 75 s28

A

Charging documents for the offences of dealing (S6), cultivating (S9) and aiding offences against corresponding law in another country (s10) can be filed at any time.

The limitation period for any other offence against this act or any regulations made under it as four years after the date on which the offence was committed.

25
Q

Section – Bail Act 2000 s16

A

A defendant who was charged with or convicted of a drug dealing offence maybe granted bail by order of a High Court judge or district court judge but not otherwise .

26
Q

Section - bail act 2000 s17A

A
  • applies to a defendant who was charged with a serious class a drug offence who is over over the age of 18 or age 17 years in his charged with their defence in the district court or the High Court
  • Defendant to him the section applies may be granted bail or allowed to go at large and they said defendant satisfied the judge that bail or large should be granted
  • The defendant must satisfy the judge on the balance of probabilities that defendant will not, while on bail or at large commit any drug dealing offence
27
Q

Section - MoDA 75 s31

A

Relates to evidence of analysis

28
Q

Section - MoDA 75 s34A

A

Protection of police officers (undercover officer)
- no prosecution for an offence against this act or against any regulations made under the act shall be commenced or continued against any member of the police acting as an undercover officer except with the leave of the attorney general
- a certificate signed by the commissioner of police to the effect that any specified time or during any specified period the member of the police name the certificate was acting as an undercover officer show for the purposes of subsection (2) of the section conclusive evidence of that fact.

29
Q

Section - sentencing act 2002 s142B

A

Places mandatory obligations for the court to be notified of any relevant property that is an instrument of crime so that forfeiture of that property can be considered as part of the sentencing process. Prosecutor must notify the court in writing of the details of that property and the name and identifying details of any person who took the knowledge of the prosecutor has an interest in that property.

The obligation to notify the court is on the prosecutor as any of the following people
- The person for the time being in charge of the criminal file
- Any other employee of the person or agency by whom the prosecutor is employed who has responsibility for any matter directly connected with the proceedings
- Council representing the person who laid the charging document

30
Q

Section – misuse of drugs amendment act 1987 s12

A

Allowing delivery of unlawfully imported drugs or precursor substances for the purposes of detection, etc

31
Q

Section – search and surveillance act 2012 s81

A

Searches of persons, places, and vehicles relating to deliveries under section 12 of misuse of drugs amendment act 1978

32
Q

Section - S&S 12 s46

A

Activities for which surveillance device warrant is required.

33
Q

Section - S&S 12 s121

A

Power to stop a vehicle in order to execute a warrantless search power or execute a search warrant that is in force

34
Q

Section - S&S 12 s9

A

Power to stop a vehicle to arrest a person

35
Q

Section - S&S 12 s23

A

Internal searches of a person under arrest pursuant to sections 6, 7 or 11, of the misuse of drugs act 1975. Relates to class A, B and C controlled drugs.

Must be RGTB EM related to s6, s7 or s11 will be located.

Search done by medical practitioner.

36
Q

Section – misuse of drugs amendment act 1978 s13A

A

If you need member of the police or officer of customs has reasonable calls to believe that any person has any class A controlled drug or class B controlled drug secreted within that person‘s body for any unlawful purpose, the member of the police or officer of customs may cause that person to be detained under the section.

37
Q

Section - S&S 12 s46(a)

A

Enforcement officer who wishes to use an interception device to intercept the private communication must obtain a surveillance device warrant

38
Q

Section - S&S 12 s46(1)(b)

A
  • Enforcement officers who wishes to use a tracking device must obtain a surveillance device warrant
  • except where tracking devices are installed so for the purposes of ascertaining whether a thing has been opened, tampered with, or in some other way dealt with, and
  • the installation of the device does not involve trespass to land or trespass to goods
39
Q

Section - S&S 12 s46(1)(c)

A

An enforcement officer who wishes to make observations of private activity in private premises and any recording of that observation by means of a surveillance device must obtain a surveillance device warrant

40
Q

Section - S&S 12 s46(1)(d)

A

An enforcement officer who wishes to use a surveillance device that involves trespass to land or trespass to goods must obtain a surveillance device warrant

41
Q

Section - S&S 12 s46(1)(d)

A

An enforcement officer who wishes to use a surveillance device that involves trespass to land or trespass to goods must obtain a surveillance device warrant

42
Q

Section - S&S 12 s46(1)(e)

A

An enforcement officer who wishes to it to undertake observation of private activity and the curtilage of private premises, and any recording of that observation,
- if any part of that observation or recording is by means of a visual surveillance device and
- the duration of the observation for the purposes of a single investigation or a connected series of investigations exceeds three hours in any 24 hour period or eight hours in total
- Must obtain a surveillance device work .

43
Q

Section - S&S 12 s47

A

Activities that do not require surveillance device warrant
- The enforcement officer being lawfully in private premises and recording what he or she observes or he is there (provided that the enforcement officer records only those matters that he or she could see or here without use of a surveillance device)
- covert audio recording of a voluntary oral communication between two or more persons made with the consent of at least one of them.
- activities carried out by the enforcement offices use of a surveillance device if that uses authorised under any enactment other than this act.

44
Q

Section - S&S 12 s48

A

Surveillance without warrant in situations of Emergency or urgency is permitted only for 48 hours where the offence is
- Punishable by 14 years imprisonment or more
- arms act 1983 offence
– a drug offence.
– likely to cause injury or serious property loss/damage and surveillance is necessary to prevent offending from being committed or continuing.
– presenting risk to life and safety and surveillance is necessary as an emergency response

45
Q

Section - S&S 12 s57

A
  • Evidential material of another offence gained in the course of carrying out activities, authorised by surveillance device warrant or while using a surveillance device lawfully and in relation to an offence is not inadmissible
  • provided a surveillance device warrant could have been issued or a surveillance device could have been lawfully used.

Fieldy Drugs Study (6 decks)

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