Misuse Of Drugs Flashcards
How long does a travel restriction order last?
Unlimited. No set max
What drug offences can PND’s be issued for?
Possession of cannabis by an adult for personal use only.
Euan takes drugs from Brodie to take it to a person lawfully entitled to possess it. He decides to take it to the police station however en route he realises he is late for work and instead throws down a drain. Can he rely on the defence of ‘delivering drugs to a person lawfully…’?
No - to rely on this defence you must actually deliver it or take all reasonable steps to deliver it. You can’t change your mind - you would have to rely on the defence of preventing another from committing an offence which includes destroying the drugs or delivering them.
Murphy buries drugs in the hope that they will decompose. Does this count as destroying them?
No
An addict finds drugs on the streets and wants to use them. He puts them in his pocket however comes to his senses and decides to surrender the drugs to a police station. Can he rely on the defence?
No - when they took possession of the drugs, it was not their sole intention to surrender them to a person lawfully entitled to have them.
A homeowner realises that magic mushrooms are growing uncultivated on his land. He decides to pick them. Does he commit an offence?
Not if he picked them for the purpose of delivering them ASAP to a person entitled to possess them.
We know that there are two special defences to possession (deliver/destroy) however there are also three general defences for other drug offences. What are they? FED
Lack of knowledge of FACT
Belief that they were ENTITLED to possess
Lack of knowledge of DRUG
An employer asks a junior to run an errand and drop an unmarked box to another office. He is stopped by police and it contains heroin. Could he rely on a defence?
Yes - he could rely on lack of knowledge of FACT.
He did not know the existence of the drugs
Did not suspect the drugs
Had no reason to suspect
Objective test - would a reasonable person if placed in that situation have no reason to suspect he was carrying drugs?
Can you get an attempted production of drugs?
Yes - where a person attempts to produce a controlled drug but fails to do so.
Jamie allows his kitchen to be used for producing drugs. Is he concerned in the supply of drugs?
No - due to the lack of active part being played.
R V FARR 1982
Joe is walking down the street and sees a police officer. He gives martin his heroin to hold onto. Has he supplied martin?
Only if Martin derives a benefit. It could be buying him a pint, giving him a cut or payment. If no benefit = no supply.
However when Martin hands them back, he is supplying as joe will derive a benefit from it as he will go onto use it/sell it etc
Joe is walking down the street. He sees a police officer and tells Martin that he has to look after the drugs he has or he will kill his family. Martin takes the drugs and is later searched and arrested. Does he have a defence?
No - duress is not a defence.
When can you get aggravated supply of drugs?
If it is on or in the vicinity of school premises at a relevant time (between 1 hour before school opens and 1 hour after school closes).
Or the courier is under 18 at the time he supplied drugs or delivered drug related consideration (money/para).
I am in possession of a large quantity of drugs. I want Lucy to supply these drugs to a number of users. Am i committing the offence of PWITS?
No - i must have formed the intent to personally supply the drugs to another. I must supply the drugs myself.
Gary supplies needles to drug users knowing that they will use them to administer unlawful drugs. Does Gary commit an offence?
No - hypodermic needles are not included
Gary provides a spoon and crack pipe to a drug user. Does he commit an offence?
Yes - he has supplied/offered to supply
Any article which may be used or adapted
Whether itself or in combination with other articles
In the administration by any person of a controlled drug
To themselves or another
BELIEVING that the article is to be used in circumstances of unlawful administration
Jim is approached by a friend who asks for a five pound note. Jim suspects that the friend may use the note to snort cocaine but gives him the note anyway. The friend goes on to snort cocaine. Offence?
No
Although he has supplied/offered to supply
Any article
Used or adapted
Either by itself or in combination with another article
In the administration by any person of a controlled drug
To either themselves or another
He does not BELIEVE that the article is to be used in circumstances where the administration is unlawful, he only suspects.
My mum waters my plants whilst i am on holiday. She wasn’t aware that some of the plants were cannabis. Does she commit an offence?
Yes - no defence. It is irrelevant whether she knew that the plant was cannabis.
For the controlled drugs on premises offence, what are the four things prohibited?
The occupier or person concerned in the management of a premises
Who knowingly either
Permits or suffers
Either
Production or attempted production of a drug
Smoking cannabis of prepared opium
Supply or attempted supply of a controlled drug
Preparing opium for smoking
PCSO
Jim gives me permission to use his premise as somewhere i can supply drugs from. Offence?
No - i must actually go on to supply drugs there, giving permission is not enough.
What offences can you impose a travel restriction order on?
Drug trafficking offences or inciting drug trafficking offences.
This includes PWITS for any drug including cannabis.
The person must have been sentenced to four years or more.
How long does a travel restriction order last?
Minimum 2 years
No max
Do you have to surrender a passport as part of a travel restriction order?
It says the person MAY have to surrender their passport.
Does a travel restriction order prevent someone from travelling to Northern Ireland or ROI?
Northern Ireland is fine as it is UK.
ROI is out of the UK so an offence would be committed.
Gary is subject to a travel restriction order. He is on a flight to Scotland however the plane is diverted to France. Does he commit an offence?
Yes - there is no need for the person subject to the order to have left the UK voluntarily. Even if they leave involuntarily they commit the offence.
Yusef is subject to a travel restriction order but is deported by the Home Secretary. Does he commit an offence if he leaves?
No this is the only exception.
I think that there is a dealing list at a house. Is this enough to get a warrant or do i need to suspect that there were drugs too?
To get a warrant, there must be RGS that either:
Controlled drugs are unlawfully in the possession of a person at the premise
Or
A document is in the possession of a person at the premise that relates to transactions, dealing inside the UK or outside the UK
A 17 year old buys glue from WH Smith’s. He says to the cashier that he is going to sniff it. Is it an offence to sell it to him?
Yes
It is an offence to supply/offer to supply
A substance other than a drug
To a person under 18 whom they either KNOW is under that age or have rgb
Or to a person acting on their behalf or RGB that they are acting on their behalf
If they either know or have rgb
That the substance or its fumes are likely to be inhaled by a person under 18 for the purpose of intoxication
Defence if the cashier was under 18 and was acting other than in the course of furtherance of a business
For the purpose of the exam, can you be guilty of possession and PWITS?
Yes if you possess something and also possess something with the intent to supply. And them if you supply something = supply too.
What is the offence if a drug dealer asks an undercover officer to supply drugs for them?
under s. 19 of the Misuse of Drugs Act 1971 is that it is an offence for a person to incite another to commit an offence under any other provisions of this Act. This clearly covers all sections, not just supplying. On the arguments in DPP v Armstrong [2000] Crim LR 379, it would seem that a person inciting an undercover police officer may commit an offence under this section even though there was no possibility of the officer actually being induced to commit the offence, and therefore answer B is incorrect. As the offence is committed at the time the incitement is made and is not conditional on either th
VICKERS is sailing a yacht from Spain to Holland and on board the yacht are speakers containing a large amount of cannabis. The speakers were delivered from his home address in London to Spain by PAYNE who knew they were going to be used to hide and transport the cannabis. The yacht is stopped in UK territorial waters en route to Holland and VICKERS is arrested.
Considering the assisting a misuse of drugs offence outside the UK contrary to s. 20 of the Misuse of Drugs Act 1971 who, if either, has committed the offence?
Payne only as Vickers was not in the UK.
They must be in the UK when the arrangements were made.
Section 20 of the Misuse of Drugs Act 1971 states: A person commits an offence if in the United Kingdom he assists in or induces the commission in any place outside the United Kingdom of an offence punishable under the provisions of a corresponding law in force in that place. This offence relates to actions taking place in the UK that would assist the commission of an offence in another country. As VICKERS is at sea (albeit in UK waters) his actions cannot assist the commission of an offence in Spain as he has already left and having been stopped from delivering there will be no offence in Holland, therefore he cannot commit this offence and answers A and C are incorrect. PAYNE does commit the offence as ‘assisting’ has been held to include taking containers to another country in the knowledge that they would later be filled with a controlled drug and sent on to a third country (R v Evans (1977) 64 Cr App R 237) and once the drugs leave Spain the offence is committed; answer D is therefore incorrect.
Can the occupier of a premise be done for cultivation of cannabis if they didn’t know cannabis was being grown there?
No - they must actually take part in cultivating.
Section 6 of the Misuse of Drugs Act 1971 states: (1) Subject to any regulations under section 7 of this Act for the time being in force, it shall not be lawful for a person to cultivate any plant of the genus Cannabis. (2) Subject to section 28 of this Act, it is an offence to cultivate any such plant in contravention of subsection (1) above. ‘Cultivate’ is not defined but it appears that you need to show some element of attention (e.g. watering) to the plant by the defendant in order to prove this offence; answers A and B are therefore incorrect. There are two facts to be shown for this offence: you need only show that the plant is of the genus Cannabis and that the defendant cultivated it; you need not show that the defendant knew it to be a cannabis plant (R v Champ (1981) 73 Cr App R 367);
I sell hydroponic equipment for drug producers on Amazon. Am i guilty of anything?
Yes - conspiracy to be concerned in the production of cannabis.
Pablo imports a large quantity of non-controlled drugs in fine white powder format in his suitcase. He intends to use it as a cutting agent for cocaine. Is this an offence?
Yes - conspiracy to supply cocaine. R V MARRON
Can you use visitors to a property as evidence of drug dealing?
The number of visitors for short periods to a property MAY be evidence from which drug dealing may be inferred R V HODGSON 2001
Miriam’s flat is searched on a drugs raid. A packet of cannabis is found between her and another guest. She knew the cannabis was there and knew that one of her guests was going to use it but denied possessing it. Does she have possession of it?
R V Adams held that the knowledge of the above is insufficient to conclude that she had control over the drugs to establish the offence.
