Forensic Toxicology
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What is the purpose of drug use Missuse Act (1971)
-means for control of all drugs -grade penalties for misusing drugs -brings new substances under control -restricts prescription of drugs -Established ACMD
What are the different classes of drug ?
A,B,C
What is the highest class of drug ?
Class A
What drugs come under class A ?
Cocaine and crack, ecstasy, heroin, LSD, methadone, methamphetamine and magic mushrooms
Which class A drug might be prescribed?
Methadone is prescribed to heroin addicts
What drugs are in class B?
Medical use: amphetamine, barbiturates, codeine, ketamine recreational: spice, cannabis, mephedrone, methylone and methedrone, MDPV
What drugs are in class C?
Anabolic steroids, minor tranquilizers or benzodiazepines, GBL and GHB, Khat and BZP
How is possession of drugs divided ?
-possession for individual use -possession with intent to supply
How is possession for individual use determined ?
Weight
How is the possession of drugs usually prosecuted ?
Usually prosecuted with another crime
What is the offence range for category 1(class A) ?
Maximum: 7 years Range: fine- 51 weeks custody
What is the offence range for category 2 (class B) ?
maximum: 5 years Range: Discharge-26 weeks custody
What is the offence range for category 3 (class C) ?
Maximum: 2 years Range: discharge- community order
What is the offence range for possession with the intent to supply for Class A ?
Maximum: life Range: community order- 16 years custody
What is the offence range for possession with the intent to supply for Class B ?
Maximum: 14 years Range: fine- 10 years custody
Who would get a fine for possession of drugs with intent to supply of class B ?
Street level dealers
What is the offence range for possession with the intent to supply for Class C?
maximum: 14 years Range: fine- 8 years custody
What is the first step in determining sentencing for possession with intent to supply ?
Determining the offence category
How does the court determine the offence category ?
Determine the offender’s culpability and harm caused
how does the court assess culpability ?
Weight up all the factors of the case to determine role and balance the characteristics to make a fair assessment
How does the court assess harm ?
Weight of the product. Purity isn’t taken into account
What is a leading role ?
• directing/ organizing on a commercial scale -link to others in a chain -close link to original source -expectation of substantial financial gain -uses business as a cover -abuses a position of trust or responsibility
What business is typically used as a cover for drug dealing ?
Car dealership
What is a significant role ?
-operational/management function -involves others by pressure, intimidation or reward -motivated by financial gain Some awareness and understanding of scale of operation