Case Law / Definitions Flashcards
Controlled Drug
Any substance, preparation, mixture or article specified in schedule 1, 2 or 3 of the MODA 1975 and includes any controlled drug analogue.
R v Strawbridge
Guilty Knowledge
The crown does not need to establish knowledge.
If there is some evidence that the accused honestly believed on reasonable grounds that the act was innocent they are to be acquitted.
Police v Emerali
Usable Quantity
Possessing a narcotic does not extend to some minute and useless residue of the substance.
R v Rua
Produce / Manufacture
Offence is complete on the prohibited substance is created, whether or not it is in a useable form.
Producing
Bring something into existence from its raw materials or elements.
Manufacturing
Process of synthesis combing components or processing raw materials to create a new substance.
Supply
Supply includes distribute, give, sell
R v Maginis
Supply
Supply involves more than mere transfer of physical control. It includes enabling a person to apply the thing for which he desires.
R v During
An offer is an intimation by the person charged to another that he is ready on request to supply to that other, drugs of a kind prohibited by the statute.
R v Brown
Offers to supply a drug that he has on hand
Offers to supply a drug that will be procured at some future date
Offers to supply a drug that he mistakenly believes he can supply
Offers to supply a drug deceitfully, knowing he will not supply that drug
R v Forrest and Forrest
Age
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age.
R v Cox
Possession
Possession involves two elements
Physical element involves actual custody and control
Mental element involves knowledge and intent
R v Collister
Intent
Words and actions by the offender
Surrounding circumstances
The act itself
KKI
Knowledge of the drug
Knowledge of the offence
Intent
