CIB 011 - Drug Offences Flashcards
Define ‘Controlled Drug’.
s2 Misuse of Drugs Act 1975
Controlled drug means any substance, preparation, mixture, or article specified or described in Schedule 1, Schedule 2, or Schedule 3 to the Misuse of Drugs Act 1975; and includes any temporary class drug and any controlled drug analogue.
What is a Class A controlled drug?
s2 Misuse of Drugs Act 1975
Class A controlled drug means the controlled drugs specified or described in Schedule 1 to the Misuse of Drugs Act 1975.
Some of the well known Class A controlled drugs include:
• Cocaine
• Heroin
• Lysergide (LSD)
• Methamphetamine
• Psllocybine (found in magic mushrooms)
What is a Class B controlled drug?
s2 Misuse of Drugs Act 1975
Class B controlled drug means the controlled drugs specified or described in Schedule 2 to the Misuse of Drugs Act 1975.
Class B controlled drugs are those that pose a high risk of harm and include:
• Amphetamine
• Cannabis preparations (such as cannabis oil and hashish)
• GHB (Fantasy)
• MDMA (Ecstasy)
• Morphine
• Opium
• Pseudoephadrine
• Ephadrine
What is a Class C controlled drug?
s2 Misuse of Drugs Act 1975
Class C controlled drugs means the controlled drug specified or described in Schedule 3 to the Misuse of Drugs Act 1975; and includes any controlled drug analogue.
Class C controlled drugs pose a moderate risk of harm and include:
• Cannabis plant
• Cannabis seeds
• Benzylpiperazine (BZP)
• Controlled drug analogues
What was held in Saxton v Police in relation to importation?
To import includes “to introduce from abroad or to cause to be brought in from a foreign country”.
Define ‘control’.
‘Control’ involves the physical ability to:
• determine how the drug is dealt with; or
• arrange or invite its presence; or
• act in any way as its owner.
‘Control’ also involves a mental attitude that includes:
• knowing that the drug is present
• intending to act as its owner
• wanting to act as its owner.
What was held in Police v Emirali in relation to useable quantity?
“ … the serious offence of … possessing narcotics does not extend to some minute and useless residue of the substance”.
What was held in R v Rua in relation to ‘Producing and manufacturing’?
R v Rua
The words “produce” or “manufacture” in s6(1)(b) broadly cover the creation of controlled drugs by some form of process which changes the original substances into a particular controlled drug.
Define ‘produce’ and support with legislation.
To “produce” means to bring something into being, or to bring something into existence from its raw materials or elements.
s2 Misuse of Drugs Act 1975
Produce includes compound; and production has a corresponding meaning.
To “compound” means to create a whole by mixing or combing two or more elements or parts.
What is manufacturing?
Manufacturing is the process of synthesis; combining components or processing raw materials to create a new substance.
Common examples include manufacturing methamphetamine from pseudoephedrine, or manufacturing heroin from morphine.
When is the offence of ‘Produces or manufactures a controlled drug’ complete?
The offence is complete once the prohibited substance is created, whether or not it is in a useable form.
For example, in R v Rua, methamphetamine is suspension in a two-layered liquid, although not capable of being used in that state, was held to have been manufactured.
Define “supply” and support with legislation.
To “supply” means to “furnish or provide something that is needed or desired”.
s2 Misuse of Drugs Act 1975
Supply includes distribute, give, and sell.
What was held in R v Maginnis in relation to supply?
R v Maginnis
“[Supply involves] more than the mere transfer of physical control … [it includes] enabling the recipient to apply the thing … to purposes for which he desires …”
What was held in R v During in relation to “Offering to supply or administer”?
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”.
The prosecution must prove two elements in relation to “Offering to supply or administer”. What must the prosecution prove?
• the communicating of an offer to supply or administer a controlled drug (actus reus)
• an intention that the other person believes the offer to be genuine (mens rea)
What was held in R v Brown in relation to “Offering to supply or administer”?
R v Brown
The defendant is guilty in the following instances:
(1) offers to supply a drug that he has on hand
(2) offers to supply a drug that will be procured at some future date
(3) offers to supply a drug that he mistakenly believes he can supply
(4) offers to supply a drug deceitfully, knowing he will not supply that drug
R v Brown
“… the making of intimation, with the intention that it should be understood as a genuine offer, is an offence
What was held in R v Forrest and Forrest in relation to proof of age?
R v Forrest and Forrest
“The best evidence possible in the circumstances should be adduced by the prosecution in proof of [the victim’s] age”.
What was held in R v Cox in relation to possession?
R v Cox
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.