Publishing Or Possessing Instructions For Dangerous Drugs-S8 DMA
- Author Aiden Baron
- Published August 11, 2011
- Word count 426
What the Law states - Publishing Or Possessing Instructions For Dangerous Drugs-S8 DMA
Section 8A of the Drug Misuse Act 1986 states:
A person who unlawfully publishes instructions, or unlawfully has possession of a document containing instructions, about the way to produce a dangerous drug commits a crime.
What the Police must prove - Publishing Or Possessing Instructions For Dangerous Drugs-S8 DMA
In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.
-
That the accused "published". The term publish includes to publish to any person and supply, exhibit and display to any person, whether the publication is made orally or in written, electronic or another form; or
-
That the accused has possession. Possession means physical control or custody. You do not possess a thing unless you have it or else can actually exercise dominion over it.
3.A "document" this includes anything designed to enable electronic access specifically to the instructions. For example, s document containing a computer password specifically designed to give access through a computer to the instructions.
- That the contents of the document relates to the production of dangerous drugs as defined under the Act and Regulations.
It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence.
Which court will hear the matter - Publishing Or Possessing Instructions For Dangerous Drugs-S8 DMA
The offence will be indictable and will be heard in the Supreme Court or may be dealt with in the magistrates court if the prosecutor so elects.
Possible Defences - Publishing Or Possessing Instructions For Dangerous Drugs-S8 DMA
Possible defences to this offence include but are not limited to:
-
Lack of control or dominion over the document;
-
Identification of the Defendant
-
That the Defendant did not have knowledge that the document contained drug production instructions
-
That the document was so general or vague that it did not amount to instructions;
-
That the instructions were lawful or published lawfully;
-
That the instructions do not relate to a dangerous drug.
Maximum Penalty - Publishing Or Possessing Instructions For Dangerous Drugs-S8 DMA
Maximum penalties of imprisonment will depend on the type of drug the instructions are in relation to:
The Drugs Misuse Regulations 1987 divides dangerous drugs into more serious Schedule 1 drugs (eg. Amphetamine, Cocaine, Heroin) and less serious schedule 2 drugs (eg Cannabis, Barbital).
For instructions in relation to a schedule 1 drug the maximum penalty is 25 Years imprisonment.
For instructions in relation to a schedule 2 drug the maximum penalty is 20 years imprisonment.
If you are interested to know something more on Publishing Or Possessing Instructions For Dangerous Drugs-S8 Dma and other details,you are welcome to the Drug Charges site.
Article source: https://articlebiz.comRate article
Article comments
There are no posted comments.
Related articles
- Why Foreclosure Defense Matters
- How an Okatie Car Accident Lawyer Can Help with a Hit-and-Run Case
- Content Analysis: Uncovering the Hidden Meaning
- criminal defense attorney irvine
- 7 Mistakes to Avoid When Hiring a Personal Injury Lawyer in Clearfield
- 10 Signs You Need a Personal Injury Lawyer in Rockford
- Why You Should Hire a Personal Injury Lawyer in Tampa After an Accident
- Canada’s Regions Blocking Low-Wage LMIAs
- How the IRS Is Changing and Why You Need a Tax Attorney Now More Than Ever
- When to Call a Car Accident Lawyer in San Antonio After a Wreck
- What to Expect During Your First Consultation With a New Haven Personal Injury Lawyer
- How a Waterbury Auto Accident Lawyer Can Maximize Your Settlement
- Contracts That Win: Why Legal Precision Is Key to Business Success
- How the IRS Is Cracking Down on Tax Debt (And What You Can Do About It)
- Top Questions to Ask a Carmel Personal Injury Lawyer During Your Consultation
- Treasury Department Drastically Narrows Corporate Transparency Act Requirements
- NFPA 96 Compliance and Hood Cleaning: Captive Aire Hood vs. Accurex Hoods, Greenheck Systems
- Future First Criminal Law
- Breaking News: FinCEN Pauses Corporate Transparency Act Enforcement
- Popcat Coin Price Prediction: 2025, 2030, and the Next Bull Run
- What to Expect When Hiring an Oakland-Based Auto Accident Attorney
- How Hartford Injury Attorneys Help After a Truck Accident
- How Federal Legislation Could Impact Michigan's Online Poker
- How a Criminal Lawyer in Ann Arbor Can Protect Your Rights
- Benefits of Remote Online Notarization for Individuals and Businesses
- The Benefits of Using A Mobile Notary Service: Convenience, Flexibility, and Choice
- Top 10 Most Common Notarized Documents You Need to Know
- 5 Ways to Find Affordable Notary Services Near You
- Why Bangladesh Needs the ACNCC Now?
- How a Calgary Personal Injury Lawyer Can Maximize Your Compensation