Class notes
Drug Possession notes
- Course
- Institution
- Book
Concise notes on drug possession that have case info & textbook notes. Will help hugely for weekly practice questions & exam!
[Show more]
Connected book
Book Title:
Author(s):
- Edition:
- ISBN:
- Edition:
More summaries for
-
CRW2602 ASSIGNMENT 2 QUIZ MEMO - SEMESTER 2 - 2024 - UNISA - (UNIQUE NUMBER: - 635283 (DISTINCTION GUARANTEED) – DUE DATE : 20 SEPTEMBER 2024.
-
CRW2601 ASSIGNMENT 2 QUIZ MEMO - SEMESTER 2 - 2024 - UNISA - (UNIQUE NUMBER: - 540935) (DISTINCTION GUARANTEED) – DUE DATE : 19 SEPTEMBER 2024.
-
CRW2602 ASSIGNMENT 2 QUIZ MEMO - SEMESTER 2 - 2024 - UNISA - DUE : 20 SEPTEMBER 2024 - UNIQUE NUMBER:- 635283 (DISTINCTION GUARANTEED)
Seller
Follow
lawstudent26359
Reviews received
Content preview
Week 11: Crim NotesDrug Possession (Snyman Notes)........................................................................................................................1
S v Ncgobo 1972..................................................................................................................................................2
S v Cain 1973:......................................................................................................................................................3
Prince 2018 CC.....................................................................................................................................................5
S v Khan 2010......................................................................................................................................................7
Drug Possession (Snyman Notes)
Elements of the offence:
(a) Act: Possession or use
- Possession
i. Ordinary juridical sense:
(1) physical/corporeal element = appropriate degree of physical control
over the thing (depending on the nature of the article and the way
that control is ordinarily exercised over such an article. Control may
be actual or constructive. Constructive meaning through someone
else (i.e. representative or servant)
(2) mental element (animus)= intention with which someone exercises
control over an article & differs according to the type of possession
ii. Extended meaning
To keep or to store the drug, or to have it under control or supervision.
The person need not even intend to acquire benefit from it themselves by
their control over it. It is sufficient that they exercise the control for the
benefit of someone else
(b) Drug
- Three categories of drugs
o dependence-producing substances;
o dangerous dependence-producing substances; and
o undesirable dependence-producing substances
more severe punishment is prescribed for (b) & (c)
1
, (c) Unlawfulness
- Justification grounds may be that you are a medical practitioner who
acquired the drugs in accordance with the Medicines and Related Substances
Act 101 od 1965 or private possession of cannabis for personal consumption
in private (Prince)
(d) Intention
- Culpability in the form of intention is required
S v Ncgobo 1972
Facts:
- This accused was charged with the offence of contravening sec. 2 (b) of Act 41 of
1971 by having in his possession threequarters of a gram of dagga.
- When called on to plead he said "I did have it, but did not know it was dagga".
- He was seen smoking a cigarette, which contained a very small quantity of dagga
mixed with tobacco.
- The accused stated he had asked someone for "tobacco" and had been given the
cigarette which he was found smoking. He did not know that it had dagga in it.
Magistrate Court:
- Convicted the accused
- Sentenced him to be imprisoned for 6 months, of which 4 months were to be
suspended for 3years on certain conditions.
Current Court
- By pleading as he did, the accused put in issue the question as to whether he had the
necessary mens rea, for, if he did not know that the cigarette contained dagga, he
could not be held to be guilty of contravening the statute under which he was
charged.
- Where a man is found in possession of dagga and where the circumstances disclosed
in the evidence do not suggest an absence of mens rea + the accused does not raise
2
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller lawstudent26359. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $4.28. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
67096 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now