Short answers

Question 1

Proving mens Rea of importing involves proving that the defendant:

Answer 1

Knew about the importation
Knew the imported substance was a controlled drug
Intended to cause the importation

Question 2

When is the offence of Manufacturing complete?

Answer 2

The offence is complete as soon as the prohibited substance is created, whether or not it is in a useable form.

Question 3

In relation to offering to supply or administer, the prosecution must prove what two elements:

Answer 3

1. The communication of an offer to supply or administer a controlled drug (the acts reus)
2. An intention that the other person believes the offer to be genuine (the mens rea).

Question 4

What are the four instances in which a person can be found guilty of offering to supply?

Answer 4

1. Offers to supply a drug that he has on hand.
2. Offers to supply a drug that will be procured at some future date.
3. Offers to supply a drug that he mistakenly believes he can supply.
4. Offers to supply a drug deceitfully, knowing he will not supply that drug.

Question 5

What is the best way to prove the age of the victim?

Answer 5

This generally involves producing the victims birth certificate in conjunction with independent evidence that identifies the victim as the person named in the certificate (ideally this will be a parent).

Question 6

What are the components that provide knowledge of existence for possession?

Answer 6

• The defendant must be aware that they possess the substance.
• The defendant identifies the substance as a controlled drug.
• Physical custody presumes knowledge, unless otherwise proven.

Question 7

What must must be established to prove knowledge and intent for possession?

Answer 7

• Know they have the substance.
• Know the substance’s nature or qualities.
• Intend to use the substance in a way that allows you to charge them with possession.

Question 8

For possession in drug cases, the Crown must prove that the defendant had:

Answer 8

• Knowledge that the drug exists
• Knowledge that it is a controlled drug
• Some degree of control over it
• An intention to possess it

Question 9

Circumstantial evidence from which and offenders intent may be inferred can include:

Answer 9

• The offenders words or actions before during and after
• The surrounding circumstances
• The nature of the act itself

Question 10

Evidence of intent to supply can be inferred from:

Answer 10

• Admissions
• Circumstantial evidence
• The statutory presumption under Section 6(6)

Question 11

What is the presumptive amount for supply of Heroin?

Answer 11

0.5 grams

Question 12

What is the presumptive amount for supply of Cocaine?

Answer 12

0.5 grams

Question 13

What is the presumptive amount for supply of LSD?

Answer 13

2.5 milligrams or 25 flakes/tablets

Question 14

What is the presumptive amount for supply of Methamphetamine?

Answer 14

5 grams

Question 15

What is the presumptive amount for supply of MDMA?

Answer 15

5 grams or 100 flakes/tablets

Question 16

What is the presumptive amount for supply of Cannabis resin and extract?

Answer 16

5 grams

Question 17

What is the presumptive amount for supply of Cannabis plant?

Answer 17

28 grams or 100 or more cigarettes

Question 18

What is the presumptive amount for supply of and controlled drug not specified un Schedule 5?

Answer 18

56 grams

Question 19

For charges under Section 12A(1) - Supplies equipment/precursors, the Crown must prove what three elements?

Answer 19

• That the defendant has supplied , produced or manufactured equipment, material or precursors
• That those items are capable of being used in the production or 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 20

List some examples of precursors listed in Schedule 4

Answer 20

• Acetic anhydride
• Lysergic acid
• Pseudoephedrine and ephedrine