Other Drug Offences

Question 1

Conspiring to Deal with Controlled Drugs

Section / Penalty / Elements

Answer 1

Section 6(2A) MODA 75

14 / 10 / 7

1. Every person
2. Who conspires with any other person
3. To commit an offence against section 6(1) MODA 1975

Question 2

What is a conspiracy?

Answer 2

An agreed intention which is common to the mind of the conspirators and a common design to commit the offence, rather than any actual design.

Question 3

Refer to a case law that encapsulates conspiracy.

Answer 3

R v Greenfield - The conspiracy is complete once the agreement has been made.

Question 4

How many people must be involved in a conspiracy?

Answer 4

At least two

Question 5

What did the Court hold in R v Lambert with regards to conspiracy?

Answer 5

That there can be a conspiracy between two people, that one will supply the other.

Question 6

12A(1) - Equipment, material, and substances used in production or cultivation of controlled drugs

Section / Penalty / Elements

Answer 6

S12A(1) MODA 75

7 years imp

1. Supplies produces or manufactures
2. Equipment, material, substance capable of being used section 6(1) or section 9 offences
   OR
   - Any precursor substance
3. Knowing that the equipment, material or substance is to be used for an offence 6(1)(b) or 9

Question 7

What three elements must the Crown prove with regards to 12A(1) - Equipment, material, and substances used in production or cultivation of controlled drugs?

Answer 7

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

Question 8

What is considered ‘equipment’ and provide some examples.

Answer 8

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

Examples include: pots, lights, timers, water pumps etc used in cultivating cannabis.

Question 9

What is considered ‘material’ and provide some examples.

Answer 9

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

Examples may include: chemicals (other than precursors), documents providing instructions on the manufacturing or cultivating process, fertilisers.

Question 10

What is a precursor substance and what are some examples?

Answer 10

Precursor means ‘fore-runner’ - something that comes before something else. It is a substance that is the starting point in a chemical process that will result in the creation of a new drug.

Examples: Lysergic acid for manufacturing LSD. Ephedrine or Pseudoephedrine for manufactruing methamphetamine.

Question 11

Knowledge

Answer 11

Simester and Brookbanks

Knowledge means knowing or correctly believing. The defendant may believe something wrongly but cannot know something that is false

Question 12

What does capable of being used mean?

Answer 12

It must be proved that the items are capable of being used in the process of producing or manufacturing controlled drugs or of cultivating prohibited plants

Question 13

What three elements must the Crown prove under 12A(2) - Equipment, material, and precursor substances used in production or cultivation of controlled drugs?

Answer 13

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

Question 14

Cultivation of prohibited plants

Section / Penalty / Elements

Answer 14

S9(1) MODA 75

7 Years Imp

1. A person
2. Cultivates any prohibited plant.

Question 15

Allowing premises or vehicles to be used

Section / Penalty / Elements

Answer 15

S12(1) MODA 75

10, 7, 3 Years Imp

1. A person
2. Knowingly permits any premises (or any vessel, aircraft, hovercraft, motor vehicle, or other mode of conveyance)
3. To be used for the purpose of the commission of an offence against this act

Question 16

Obstruction of Officers

Section / Elements

Answer 16

S16 MODA 75

Every person commits an offence against this act who wilfully obstructs, hinders, resists or deceives any other person in the execution of any powers conferred on that other person by or pursuant to this act

Can obstruct ANYONE

Different to Summary Offences Obstruction

Question 17

What does Urlich v Police have to say about obstruction?

Answer 17

That the ordinary meaning of obstruct is to impede or make more difficult. Words can be effective. It is not necessary for the accused to raise his fists.

Question 18

Possessing prescription medicines

Act and Sections.

Answer 18

Medicines Act 1981

Sections 43, 44, 45.

Question 19

Offences relating to use or disposal of needles and syringes

Answer 19

Health Regulations 1998

Sections 11 and 12.

Possession of the needle is not an offence per se but will be if the needle contains a usable amount which then constitutes possession.

Question 20

Defence to section 9 cultivate cannabis charge

Answer 20

It is a defence to section 9 charge if the person proves

• that the plant they are charged with is Papaver Somniferum
• and it was not intended to be a source of any controlled drug or being developed as a strain for controlled drugs.