17/11/1997

OF CRIMINAL APPEAL (INFERIOR)

CARUANA COLOMBO VICTOR J.

THE POLICE vs LOTHAR ERNST HEINRICH BECK

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DANGEROUS DRUGS ORDINANCE - IMPORTATION

The Dangerous Drugs Ordinance lays down that the word "dealing" with reference to dealing in a drug(namely not with reference to dealing with any other thing) includes importation (section 22 (IB).In this contest the law makes no distinction between whether the drug is for the exclusive use of the importer or otherwise. therefore in section 22 (2) (b) (i), by the phrase "dealing in a drug", the law clearly means to include the importation of a drug and this independently of whether the drugimported is intended for the exclusive use of the person importing it or otherwise. It is to be observed that in the said section 22 (2) (b) (i) the circumstance of "the exclusive use of the offender" is related expressly to the offence only of possession and not to any other of the offences conceived in that section. Obviously therefore that circumstance is irrelevant in the case of the offences other than of possession, such as in the case of the importation of drugs. The importation of a dangerous drug into Malta, irrespective of the quantity, is always to be considered a serious offence. Although a person, in importing a dangerous drug, may genuinly have had no intention of offeringit to or sharing it with others, the mere fact that he has brought it into Malta brings about the danger that it may, even accidentally be used by others. Or the person in question may subsequently change his mind and decide to share it with others.