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Questions and Answers
What is required for culpability in the context of dealing with drugs?
What is required for culpability in the context of dealing with drugs?
- No culpability is needed
- Intention (correct)
- Negligence
- Recklessness
Which of the following actions does not constitute dealing in drugs?
Which of the following actions does not constitute dealing in drugs?
- Importation
- Trans-shipment
- Personal collection for self-use (correct)
- Manufacture
What can be inferred if an individual is found in possession of a large quantity of dagga without a reasonable explanation?
What can be inferred if an individual is found in possession of a large quantity of dagga without a reasonable explanation?
- They are exempt from culpability
- They may be using it for personal consumption
- They are likely dealing in dagga (correct)
- They are justified by necessity
Which of the following represents a ground of justification for unlawful acts?
Which of the following represents a ground of justification for unlawful acts?
Which definition best describes the traditional meaning of 'dealing in' drugs?
Which definition best describes the traditional meaning of 'dealing in' drugs?
What is required for a statement to constitute statutory perjury?
What is required for a statement to constitute statutory perjury?
Which of the following describes the crime of corruption under the Corruption Activities Act?
Which of the following describes the crime of corruption under the Corruption Activities Act?
In the context of statutory perjury, which condition must be proven by the State?
In the context of statutory perjury, which condition must be proven by the State?
What is the narrow meaning of possession under Section 4 of the Drugs and Drug Trafficking Act?
What is the narrow meaning of possession under Section 4 of the Drugs and Drug Trafficking Act?
Which element is NOT a requirement for the crime of corruption committed by the recipient?
Which element is NOT a requirement for the crime of corruption committed by the recipient?
What does the term 'inducement' refer to in the context of corruption?
What does the term 'inducement' refer to in the context of corruption?
Which category is NOT classified under undesirable dependence-producing substances?
Which category is NOT classified under undesirable dependence-producing substances?
Which of the following statements about common law perjury is correct?
Which of the following statements about common law perjury is correct?
Which of the following statements about the grounds of justification is accurate?
Which of the following statements about the grounds of justification is accurate?
When can a recipient (Y) be held liable for corruption?
When can a recipient (Y) be held liable for corruption?
What is the legal implication of the physical control element of possession?
What is the legal implication of the physical control element of possession?
Which condition is NOT relevant for proving statutory perjury?
Which condition is NOT relevant for proving statutory perjury?
Under the Drugs and Drug Trafficking Act, what constitutes a dependence-producing substance?
Under the Drugs and Drug Trafficking Act, what constitutes a dependence-producing substance?
What does the act of giving gratification imply in the context of corruption?
What does the act of giving gratification imply in the context of corruption?
Which aspect does NOT contribute to the mental element of intention in possession laws?
Which aspect does NOT contribute to the mental element of intention in possession laws?
Which of the following best describes 'dealing' in drugs according to Section 5?
Which of the following best describes 'dealing' in drugs according to Section 5?
Which of the following actions is classified as 'use' under the possession laws?
Which of the following actions is classified as 'use' under the possession laws?
What does the framework of culpability and intention imply in drug laws?
What does the framework of culpability and intention imply in drug laws?
What is incorrect regarding the presumption of possession when drugs are found near an individual?
What is incorrect regarding the presumption of possession when drugs are found near an individual?
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Study Notes
Grounds of Justification For Dealing in Drugs
- Necessity may exclude unlawfulness in dealing with drugs if the person can justify their actions, for example by claiming that a patient acquired the drug from a medical practitioner or pharmacist.
Dealing in Drugs
- The extended meaning of "dealing in" includes trans-shipment, importation, manufacture, collection, prescription, acquisition, supply, cultivation, administration, sale, transmission, and exportation of drugs.
- If someone is found in possession of a large quantity of drugs and cannot provide a reasonable explanation, they may be inferred to be dealing in drugs.
Categories of Drugs
- A dependence-producing substance can be classified as dangerous, undesirable, or both.
- Prescription medication falls into the category of dangerous dependence-producing substance.
- Cocaine, opium, and morphine are examples of dangerous dependence-producing substances.
- Heroin, mandrax, and methamphetamines are examples of undesirable dependence-producing substances.
Possession of Drugs
- Possession of drugs means physical control with the intention of keeping or disposing of the drugs as if the person were the owner.
- Physical control of drugs can be actual or constructive, and may refer to someone in the immediate vicinity of the drugs.
- Keeping, storing, having drugs in custody or control or supervision on behalf of someone else constitutes possession.
Perjury
- Perjury is a crime committed when a person makes two conflicting statements under oath, and is guilty of an offense unless they can prove that they believed both statements to be true when made.
- Both statements do not have to be made in a legal or judicial proceeding for a person to be convicted of statutory perjury.
Corruption
- The Prevention and Combatting of Corrupt Activities Act 12 of 2004 defines corruption as an act of accepting or giving gratification in order to influence someone's actions.
- The giver of the gratification (X) and the recipient (Y) can both be found guilty of corruption.
- Accepting or giving gratification can be done directly or indirectly.
- The corrupt activity does not need to be successful, or result in prejudice for the state or private enterprise.
- Gratification can be monetary, a favor, or an advantage.
- Inducement can refer to a wide variety of aims, for example, avoiding a loss or gaining an advantage.
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