Misc Questions on Offences Flashcards

1
Q

Mens rea of Importing

A

Proof that the defendant:

  • Knew about the importation, and
  • Knew the imported substance was a controlled drug, and
  • Intended to cause the importation
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2
Q

When is the offence of manufacturing/producing complete?

A

Once the prohibited substance is created, whether or not it is in a usable form.

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3
Q

Prosecution must prove two elements of offering to supply/administer, which are?

A
  • The communicating of an offer to supply or administer a controlled drug (actus reus)
  • An intention that the other person beleives the offer to be genuine (mens rea)

R v During

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4
Q

Knowledge in possession (3 Points)

A
  • The Defendant must be aware that they possess the substance
  • The Defendant identifies the substance as a controlled drug, even if there is no substance to be analysed to prove their assertion
  • Physical custody presumes knowledge, unless otherwise proven (R v Strawbridge)
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5
Q

Knowledge and Intent in Possession (3 Points)

A
  • 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.
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6
Q

Circumstantial evidence from which offenders intent may be inferred

A
  • The offenders actions and words before, during and after the event.
  • The surrounding circumstances.
  • The nature of the act itself.
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7
Q

Proving intent in drug cases

A
  • Defendant admissions
  • Circumstantial evidence (packaging, scales, cash, tick lists, etc,)
  • The statutory presumption under section 6 (6)
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