Drugs Flashcards
(13 cards)
Describe how the term ‘useable amount’ relates to the possession of controlled drugs and identify the relevant case law.
The quantity of the drug must be usable in the sense that minute and useless residues are not held to capable of being possessed. Although a very small quantity can be possessed, although a very small quantity can be possessed if it is rendered usable.
Police v Emerali
Hint: usable quantity
Possessing a narcotic does not extend to some minute and useless residue of the substance.
R v Strawbridge
Hint: Guilty knowledge
It is not necessary for the Crown to establish knowledge on the part of the accused. In the absence of evidence to the contrary knowledge on her part will be presumed, but if there is some evidence that the accused honestly believed on reasonable grounds that her act was innocent then she is entitled to be acquitted unless the jury is satisfied beyond reasonable doubt that this is not so.
R v Rua
Hint: Produce/manufacture
The words produce or manufacture in 6(1)(b) broadly cover the creation of controlled drugs by some form of process which changes the original substances into a particular controlled drug.
Define Producing
Hint: Raw materials
To produce means to bring something into being, or to bring something into existence from its raw materials or elements.
Define Manufacturing
Hint: process of synthesis
Manufacturing is the process of synthesis; combining components or processing raw materials to create a new substance.
E.g. mixing & adding chemicals.
Producing Manufacturing
When is the offence complete?
The offence is complete ONCE the prohibited substance is created, whether or not it is a usable form.
Definition of a Controlled drug
A controlled drug means any substance, preparation, mixture or article specified or described in schedule 1,2 & 3.
What drugs are commonly found under Class A, schedule 1?
- cocaine
- heroin
- LSD
- methamphetamine
- magic mushrooms
What drugs are commonly found under class B schedule 2?
- amphetamine
- cannabis resin/oil
- MDMA (ecstasy)
- morphine
- opium
- fentanyl
State the four different methods of offering to supply
Offers to supply a drug that;
- he has on hand
- they will be procured at some future date
- he mistakenly believes he can supply
- deceitfully, knowing he will not supply that drug
Possession in drugs cases
In drugs cases it will be necessary for the Crown to prove that the defendant had
- knowledge that the drug exists
- knowledge that it is a controlled drug
- some degree of control over it
- an intention to possess it
The presumptions of supply
Heroin
Cocaine
LSD
Meth
Ecstasy
Cannabis resin
Cannabis oil
Cannabis
Heroin 0.5g
Cocaine 0.5g
LSD 2.5g
Meth 5g
Ecstasy 5g
Cannabis resin 5g
Cannabis oil 5g
Cannabis 28g or 100 tinnies
