Case Law (Primary)

Question 1

R v Strawbridge

Answer 1

It is not necessary for the Crown to establish knowledge on the part of the
accused. In the absence of evidence to the contrary knowledge on her part will
be presumed, but if there is some evidence that the accused honestly believed
on reasonable grounds that her act was innocent, then she is entitled to be
acquitted unless the jury is satisfied beyond reasonable doubt that this was not
so.

Question 2

Police v Emerali (Usable Quantity)

Answer 2

“…the serious offence of … possessing a narcotic does not extend to some minute
and useless residue of the substance.”

Question 3

R v Rua

Answer 3

The words “produce” or “manufacture” in s 6(1)(b) broadly cover the creation of controlled drugs by some form of process which changes the original substances into a particular controlled drug.

Question 4

R v Rua …. circs

Answer 4

In R v Rua7 the defendant was charged with manufacturing methamphetamine after Police located a clandestine laboratory (clan lab) at his address. The Court of Appeal reviewed section 6(1)(b) and held that it does not create two separate and distinct offences – the words “producing and manufacturing” are to be read as complementary terms.

Question 5

R v During

Answer 5

“[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.”

Question 6

R v Brown

Answer 6

Offering to supply a controlled drug can arise in a variety of ways including where
the defendant:
- 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.

Question 7

R v Forrest and Forrest

Answer 7

“The best evidence possible in the circumstances should be adduced by the
prosecution in proof of [the victim’s] age.”

Question 8

R v Cox

Answer 8

Possession involves two elements. The first, the physical element, is actual or
potential physical custody or control. The second, the mental element, is a
combination of knowledge and intention: knowledge in the sense of an
awareness by the accused that the substance is in his possession; and an
intention to exercise possession.

Question 9

R v Maginnis

Answer 9

(Supply) Supply involves; more than mere transfer of physical control…(it includes) enabling the recipient to apply the thing…for purposes which he desired.

Question 10

Cameron v R

Answer 10

Recklessness is established if:

(a) the defendant recognised that there was a real possibility that
(i) his or her actions would bring about the proscribed result; and/or
(ii) that the proscribed circumstances existed; and

(b) having regard to that risk those actions were unreasonable.