Possession:
Under section 10 of the Drug Misuse and Trafficking Act, "a person who has a prohibited drug in his or her possession is guilty of an offence." In order to establish this offence the prosecution must prove beyond reasonable doubt that the person had exclusive physical custody of the drugs and had knowledge of the existence and the nature of the drug. As per section 3 Schedule 1, cocaine is defined as a prohibited drug.
Due to Francis producing two satchels from his pocket containing cocaine, it can be inferred that he had exclusive control of the drugs at the time. One of these satchels was handed to Doug in order to give to Seth. From this action it can be established that both Francis and Seth had exclusive control over their separate satchels. The act of Doug placing Seth’s intended packet in his pocket and providing him with the talcum powder instead also means that he to has exclusive physical control of a prohibited drug. This is known as manual possession as described in the case of Dib. Due to these facts, it can be seen that each of the men had exclusive physical control of their drugs.
Similarly as per He Kaw Teh, it can be
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Under this section, the only defence available is to convince the jury that it was for personal use. However, based on the facts provided and the balance of probabilities it is likely that Francis will be found guilty as he was in possession of 3.5grams of cocaine and supplied both Doug and Seth. Francis was aware of the nature and the quantity of the drugs, which can be established due to the knowledge of how many grams he was giving to Seth, thus satisfying the Mens Rea requirement. Under section 4 it is not relevant how pure the cocaine was. Therefore, due to the facts provided and the information in section 29 and 4, it is likely that Francis will be found guilty of
Throughout an 18-hour period on October 26, 1989, the appellant Marc Creighton, a companion Frank Caddedu and the deceased Kimberley Ann Martin consumed a large quantity of alcohol and cocaine. The afternoon of the following day on October 27, the three planned to share a quantity of cocaine at Ms. Martin’s apartment. The evidence and later testimony indicates that all of the members involved are experienced cocaine users. The appellant acquired 3.5 grams (“an eight-ball”) of cocaine; he did not try to determine the quality or potency of the cocaine before injecting it into himself and Frank Caddedu.
Drug policy is a crucial topic in the country today. Substance abuse, as well as drug-related crime rates, are a huge problem. This is a fact. The way to fix the problem of substance abuse, however, is widely disagreed upon. Some think that stricter laws regarding drug possession and use would solve the problem, while others believe that loosening the restrictions would be a better option. The issue of legalizing drugs, especially marijuana, is one that is debated all the time. In fact, in 1995, a survey was conducted on the most important policy issues and eighty five percent of the country placed drugs at the top of the list (Falco 1996). Many states are actually beginning to decriminalize, and even
First, the supreme court rejected all of the prosecution’s case law it relied on to support that the jury’s inference of knowledge was reasonable under the circumstances. Then, the majority then crafted their own logic, not rooted in possession case law, to justify convicting Fischer of possession of methamphetamine. The court’s logic was
I believe that drug court is the best option for people trying to recover from using drugs. The drug court provides a safe place for people who is trying to recover. Drug courts are there to keep the people away from drugs and the people that do them still so they can get their life put together again. People are in for a minimum of 18 months for people who have felony convictions, but it takes atlas 22 to 25 months to finish the program.
Dickerson, Timothy Dickerson was seen in a drug known area. An officer ordered a pat down to investigate. When searching for weapons, the officer felt a small lump in Dickerson’s pocket. Without further evidence, the officer reached into his pocket and found a bag of cocaine. The U.S. Supreme Court unanimously agreed that the cocaine in this case was inadmissible as evidence even though the Court held that officers were allowed to assume that an object was contraband through touch. It was stated that, “If a police officer lawfully pats down a suspect's outer clothing and feels an object whose contour or mass makes its identity immediately apparent, there has been no invasion of the suspect's privacy beyond that already authorized by the officer's search for weapons; if the object is contraband, its warrantless seizure would be justified by the same practical considerations that inhere in the plain-view
I can’t speak for the entire State of Texas but Travis County drug court is making a positive impact on offenders’ lives. Two judges who manage Travis County’s drug court are directing addicts into a court supervised treatment program instead of incarceration. Drug courts like the one in Travis County have successfully handled nonaggressive defendants with drug and alcohol addictions. People who complete drug court programs rarely fall back into substance abuse. Per four drug-court judges surveyed, about 10 percent of program graduates commit new crimes. That’s a recidivism rate of one-fifth that of traditional probation programs. Which shows drug courts can ease the strain on congested penitentiaries and save taxpayer money. A study done by
The United states has taken consistent efforts to control the distribution and manufacture of medications and other drugs, with many efforts regulate possession importation and sales of various types of drugs. While there are several historic pieces of legislation that deal with the regulation and control of various substances, there is no other single piece of legislation that is an important and impactful to health care as the Controlled Substances Act of 1970. This essay will explore the history of this legislation, its purpose and passage from proposal to law. Some may argue American this is true for American society as a whole, because of the implementation of this law and the addition of the Drug enforcement Agency as the agency that
Putting in charge of developing a drug court it is dream come true because I have always eager to help people overcome any obstacles they deal with in the life. Being a drug addict is something very serious and that cause you to lose your dignity, money and loves ones because once you addicted to the drugs you will go the extreme miles to get that drug and it will become a necessity instead of a need for you. Since I have been putting in charge of developing a new drug court that can help someone, I must first discuss how I will develop that court and criteria but first before discussing the who is eligible, who is not eligible, and the elements of how the drug court will consist of but first I have to explain what is a drug court and provide
This paper aims will provide a concise history of drugs deriving from the erythroxylum coca plant and the sociological impact powder and crack cocaine legislation in the American justice system.
Drug court is a court given responsibility to handle drug addicted offenders through comprehensive supervision, drug tests, treatment services, and immediate sanctions and incentives. Drug court offers individuals facing criminal charges for drug use and possession a chance to open up to a substance abuse recovery program instead of jail time. The requirements of drug court are strict because staying clean or off of drugs is a hard road to stay on. A person on drug court is tested frequently, they must attend substance abuse recovery meetings and make regular court appearances in order to abide by the requirements of drug court. Drug court programs bring the full weight of all interveners (judges, prosecutors, defense counsel, substance abuse
The cost of new medical drugs seems to be accepted by many people who use them. These pharmaceutical companies increase their profits more and more each year because many people assume that it does cost a lot of money for research and development. Where in reality, they are only spending about 15% of their profit margins on research and development alone. A huge percentage of these drugs are actually tested in other countries where people are more willing to do trials with these drugs because they cannot afford them. Not only are there more people who are more willing to try them, but also there is less regulation and oversight when it comes to testing. Conducting these clinical trials overseas not only saves
If Bob smelled a funny smell on Cynthia, if her eyes were red or anything that would indicate Cynthia was using or had any type of possession of a drug then Bob would have had the
As the brand manager for Allround cold medicine, there were many decisions regarding product formulation, strategy, line extensions and product launches over the company’s last 10 periods. The brand was focused on remaining a profitable, mature product family within the cold medicine category, but also maintaining a premium brand image.
Specify the types of country risks that pharmaceutical firms face in international business. How do the political and legal systems of countries affect the global pharmaceutical industry?
The government should not adopt a more lenient stance on drugs in society. The negative effects of drugs greatly outweigh the positives. In teens drug that is most used is marijuana, also known as cannabis contains a highly addictive substance THC that is a depressant psychoactive substance that can cause temporary psychotic symptoms and, in some cases, full psychotic disorders such as schizophrenia. Many people believe that ‘a little is harmless’ when in reality cannabis has many symptoms at low doses. Medical marijuana was made legal in 2016, this has allowed for many to get access to highly concentrated levels of THC in cannabis oils. Drugs can create stress, depression,