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Flashcards in Drugs SA Deck (60)
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1

Presumption For Supply Amounts
Heroin
Cocaine
LSD
Meth
MDMA
Cannabis Resin
Cannabis Plant

Heroin - 0.5g
Cocaine - 0.5g
LSD - 2.5mg or 25 tabs
Meth - 5g
MDMA - 5g or 100 tabs
Cannabis Resin - 5 grams
Cannabis Plant - 28grams or 100 tinnies

2

Who can bail a person charged with manufacturing Meth

High Court Judge

3

Time limit for laying charges for sec 6 Drug dealing offences

No time limit

4

when is importation complete

one that states it is irrelevant if it is available to the addresse
When they reach final destination

5

Difference between produce and Manufacture

Produce - Bring something into being or something into existence from its raw materials or elements

Manufacture - The process of synthesis, the combining of components or the processing of raw materials to create a new substance

6

Who proves if a drug is useable?

Prosecution if the defendant puts the matter in issue

7

Definition of Supply

Distribute sell and give

8

Two methods two deliver drugs to ESR

In person
By registered Post

9

Sec 16
Obstruction

- Everyone 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.

10

R v Strawbridge

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 was not so.

defendant claimed she did not know the plants she had cultivated were cannabis

11

R v During

OFFERS TO SUPPLY
“[An offer is] an intimation by the person charged to another that he is ready
on request to supply to that other, drugs of a kind prohibited by the statute”.

12

R v Brown

OFFERING TO SUPPLY
· offers to supply a drug that he has on hand
· offers to supply a drug that will be procured at some future date
· offers to supply a drug that he mistakenly believes he can supply
· offers to supply a drug deceitfully, knowing he will not supply that drug

defendant charged with offering LSD even when upon testing the tabs had no LSD.

13

What Three things to prove for guilty knowledge

This will involve proof that the defendant:
· knew about the importation/exportation, and
· knew the imported/exported substance was a controlled drug,
and
· intended to cause the importation/exportation

14

Health Regulations Act reg 11
what are the three offences

(a) Offers to any other person, for use by that other person, a used needle or used syringe;

(b) Accepts for use a used needle or used syringe;

(c) Disposes of a needle or syringe in a public place

15

Ingredients for Supply Class C under 18 years

Section 6(1)(d), MODA 1975
8 years

- Supplies or Administers OR Offers to Supply OR Offers to administer OR Otherwise deals in
- Class C controlled drug
- To any person under the age of 18 years old

16

5 Clan Lab signs from the outside

- Chemical Odours coming from building
- Exhaust fans running at odd times
- Frequent visitors at odd hours
- Windows blacked out
- People coming outside only to smoke
- Occupants unfriendly, appear secretive
- Expensive security Gear
- Access denied to visitors
- Rubbish containing large amount of cold medication
- Bottles, plastic containers with labels removed

17

Ingredients for Allowing Premises

Section 12, MODA 1975
10 yrs / 7 yrs / 3 yrs

- Everyone who
- knowingly permits
- any premise, vessel, aircraft, hovercraft, motor vehicle, or other mode of conveyance
- to be used for the purpose of the commission of an offence against this act

18

discuss Option 1 and 2 for controlled deliveries

1. Clean controlled delivery - no drugs are left in the consignment - only conspiracy or importation charges available

2. Leave an amount of drug in the consignment - allows charge of possession and emergency search powers - needs more security

19

Equipment, material, and substances used in production or cultivation of controlled drugs

Section 12A, MODA 1975
7 yrs / 5 yrs

(1)
- Everyone who
- Supplies, Produces or manufactures
(a) Any equipment or material capable of being used in or for the commission of an offence against section 6(1), OR
(b) Any precursor substance

- knowing that the equipment, material, or substance is to be used in, or for, the commission of an offence against those provisions.


(2)
- Everyone who
- has in his or her possession
(a) Any equipment or material capable of being used in or for the commission of an offence against section 6(1)
OR
(b) Any precursor substance

- with the intention the equipment, material or substance is used in the commission of an offence

20

Difference between 13A MODA 75 and Sec 23 S & S Act 2012 - internal searches

13A MODA 75
For dealing with people believed to be concealing class A or B. Police or Customs can request a warrant from a Judge to detain

23 S & S Act 2012
Any class.
People being searched must be under arrest for specific offences.
Must be made by a Constable

21

Criteria for sec 51 Surveillance device warrant

- RGTS offence has/will/is being committed
- Offence would authorise enforcement officer to apply for a warrant to enter premises to obtain evidence
- RGTB surveillance device will obtain information that is evidential material
- section 45 does not prevent issuing of warrant

22

Clan Lab safety considerations

- Leave the area
- Do not touch, taste or smell
- do not attempt to stop chemical reaction
- do not shut off water
- do not smoke
- Do not use tools, radios, cell phones
- do not re enter

23

3 steps for using certificate of analysis instead of ESR

- defendant is served 7 days before hearing and provided with a copy
- the defendant does not give written notice for the analyst to be called, at least 3 days before hearing
- the court does not request oral evidence of thehearing.

24

What must you prove to rebut section 6(6) presumption for supply?

That the amount of the drug was not intended for supply

25

Offering to Supply or administer, what two elements must be proven

- Communicating of an offer to supply or administer a controlled drug (actus reus)

- an intention the other person believes the offer to be genuine (mens rea)

26

Controlled Drug

Means any substance, preparation, mixture or article specified or described in Schedule 1, Schedule 2, or Schedule 3 of this Act and includes any controlled drug analogue.
SEC 2 MODA 1975

27

Class c Controlled Drug

Means the controlled drugs specified or described in Schedule 3 to this Act,
and includes any controlled drug analogue.
SEC 2 MODA 75

28

When is offence of manufacturing complete

When the substance is created, doesnt need to be useable

29

What offence for a surveillance device for interception or trespass

Serious offence
7 years or more

30

Who can call a landslide in clan lab

any member of initial entry team