What does s37(3) Misuse of Drugs Act say regarding possession?
'The things which a person has in his possession shall be taken to include anything subject to his control which is in the custody of another'
1 of 18
What Did Lambert establish?
Possession involved both physical and mental elements.
2 of 18
What is the AR of possession?
Have custody or control of the drug.
3 of 18
What is the MR of possession?
Know that they are in possession of something.
4 of 18
What is the defence under s28 MDA?
Lacking relevant knowledge.A to prove that he neither knew of nor suspected nor had reason to suspect the existence of some fact.
5 of 18
What is the defence under s5(4) MDA?
Destroying/handling controlled drug.A knowing/suspecting of controlled drug took possession of it to prevent another from committing an offence/to delivery it into the custody of a person who is lawfully entitled to have it.
6 of 18
What is the AR and MR of possession with intent to supply under s5(3)?
AR and MR are same as possession with ulterior intention to supply.
7 of 18
What is the AR for supplying/offering to supply under s4(3)?
To supply or offer to supply,a controlled drug to another.
8 of 18
What did R v Maginnis establish?
Supply is more than mere transfer of physical control.
9 of 18
What did Prior establish?
Offer can be by words or conduct.
10 of 18
What is the MR of supply/offering to supply under s4(3) and what is the authority?
Knowledge of supplying something - Lambert and intention to use items supplied for their own purpose - Maginnis.
11 of 18
What is the AR of production?
By manufacture,cultivation or by any other method s37(1) of a controlled drug schedule 2.
12 of 18
What is the MR of production and the authority?
Knowledge of producing something - Lambert.
13 of 18
What did Farr establish?
With being concerned with production one will be guilty if they undertake an identifiable role in production.
14 of 18
What is the AR of occupation/management of premises?
If any of the following activities take place on your property; production/supply of controlled drugs,smoking cannabis/opium.
15 of 18
What did Tao establish?
The occupier has a degree of control over the property.
16 of 18
What is the MR of O/MP?
Knowingly permits or suffers any of activities in AR, knowledge of relevant activity and unwillingness to prevent it.
17 of 18
What is the defence under s7 Misuse of Drugs Regs?
Enables certain professions when acting in that capacity to possess and supply controlled drugs within defined circumstances.
18 of 18
Other cards in this set
Card 2
Front
What Did Lambert establish?
Back
Possession involved both physical and mental elements.
Comments
No comments have yet been made