PROGRESS TEST 6

Question 1

Which drug offences are deemed to be category three offences?

Answer 1

Offences against Section 6 - MODA 1975 are category three offences. These include:

• Importing or Exporting
• Producing or Manufacturing
• Supplying or administering, or Offering to Supply or Administer
• Selling or Offering to Sell (Class C Only)
• Possessing for any of the above purposes any controlled

Question 2

When can a Defendant charged with a Drug offence elect trial by Jury?

Answer 2

If the offence is a category three offence (punishable by imprisonment of 2 years or more) the defendant will have the right to elect trial by Jury.

Question 3

What are the general time limits for filing charges regarding drug offences?

Answer 3

The general rule regarding offences against the MODA 1975 must file charging documents within 4 years of the offence being committed (Section 28(b)).

Section 28(a) allows you to file charging documents at any time for offences of:
- Dealing (S6)
- Cultivating (S9)
- Aiding offences against corresponding law in another Country

Question 4

List the criteria that must be satisfied for an Analyst’s Certificate to be admissible at Court.

Answer 4

For the evidence in the certificate to be admissible, certain procedures must be strictly followed. These procedures ensure that:

• the Chain of evidence is unbroken
• the Material to be analyzed is not tampered with or contaminated
• the Defence is aware of the analyst certificate and is given notice of the analysis within specific timeframes to allow them to have reasonable time to prepare a defence.

Question 5

Name two common examples of instruments of crime in drug dealing cases

Answer 5

Two examples:
- A house used to manufacture methamphetamine
- A motor vehicle used to deliver drugs