Drug Dealing Flashcards
Offences involving drugs fall under what act ?
The Miuse Of Drugs Act 1975
How many classes are there for controlled drugs under the MODA1975 ?
3
List your common Class A controlled drugs :
Cocaine Heroin LSD (Lysergic Acid) Methamphetamine Magic Mushroom (Psilocybine)
List common class B drugs ?
Amphetamine Cannabis preparations such as Cannabis Resin (Hashih) & Cannabis Oil MDMA (Ecstasy) Morphine Opium
For a person to be guilty of an offendence relating to controlled drugs they must have
Guilty Knowledge
Who needs to raise reasonable doubt for Guilty Knowledge ?
The Defendant
What case law to consider for Guilty Knowledge ?
R v Strawbridge
What was held in R v Strawbridge ?
Knowledge will be presumed if there is no evidence to the contrary.
The accused need to prove they acted innocently and had no knowledge to be acquitted.
What do you consider for Guilty Knowledge ?
K K I
Knew about offence
Knew the substance was controlled
Intent to commit the offence
Under S29 what isn’t a defence ?
The Defendant didn’t know the substances in question was the particular controlled drug alleged.
What was held in R v Emerali ?
Possession doesn’t extent to some minute or useless residue
List the offences under S6 of the MODA1975 ?
S6(1)(a) - Import OR export
(1)(b) - Produce or Manufacture
(1)(c) - Supply or Administer OR
Offer to supply or administer or otherwise deal in
- Class A or Class B
(1) (d) - Supply or Administer or Offer to Supply or Offer to administer
- Any Class C
(1) (e) - Sell or Offer to sell
(1) (f) - Have in his possession
What are the elements for S6(1)(b) ?
- Produce
OR - Manufacture
- Any controlled drug
What case law can you consider for elements producing or manufacturing and what was held ?
R v Rua
The words produce or manufacture broadly cover the creation of controlled drugs by some form of process which changes the original substances into a particular controlled drug.
NOTE
Offence is complete once the prohibited drug is created, whether or not it is useable form
Outline the difference of produce and manufacturing ?
Produce means to Bring something into being Bring something into existences from its raw material or elements “Compound” E.G. Cannabis - Cannabis Oil
Manufacturing means to
Process of synthesis. Combing raw material to create new substance.
E.G. Cooking Meth
What are the elements are there for S6(1)(c) ?
Supplying any class A o B controlled drug
S6(1)(c)
MODA1975
Supply or Administer OR Offer to supply OR Offer to administer OR Other wise deal in
Any class A controlled drug OR Any class B controlled drug
To any person
Definition of supply and what case law can you consider ?
What was held in that case law
Supply includes distribute give and sell
R v Maginnis
More than transfers of physical control
R v Donald
Supply includes distribution of jointly owned property between co-owners
R v Knox
Person who is U/L in possession of a C/D which has been despised for safekeeping, had the intent to supply that drug to another if his intention is to return the drug to the person who deposited it with him
Under S6(1)(c) what is the required amount of drugs that needs to be supply etc etc ….
No minimum requirement, a small quantity of any Class A and B controlled drugs will suffice
What is the definition for
Distribution
Selling
Gives ?
Distribution - supply drugs to multiple people
Selling - An exchange of the goods in return for valuable consideration
Giving - hand the substances over in order to enable the other person to use the drug for his or her own purpose
Giving is complete when …
Recipient accepts possession
OR
Where the drug is placed under the control of a willing recipient.
Administer is ….
To direct or cause a drug to be taken into the system of another person
Elements offer to supply or administer what 2 elements must prosecution prove ?
- Actus Reus
Communication of an offer to supply or administer a controlled drug - Mens Rea
An Intention that the person that the other person believes the offer to be genuine
What case law can be consider for Offers to Supply or Administer ?
What was held ?
R v During
Ready on request to supply drug
R v Brown
Offence of supply exits when offer is made with intention that it should be understood as genuine
- Drug that he has on hand
- Drug that will be produced at some future date
- Drug that he mistakenly believe he can supply
- Drug deceitfully knowing he will not supply that drug
What are the elements for S6(1)(d) of the MODA1975 ?
Supply OR Administer OR offer to supply OR offer to Administer
Any Class C controlled drug
To any person U18 years old
What case law can you consider for S6(1)(d) ?
SUPLLY
R v Maginis - More than transfer of physical control
OFFER TO SUPPLY
R v During - Ready on request to supply drug
R v Brown - Offence supply exist when offer is made with intention that it should be understood as genuine.
ANY CLASS C CONTROLLED DRUG
GK (KKI)
R v Strawbridge
Knowledge will be presumed if there is evidence to the contrary
Police v Emerali
Possession doesn’t extend to some minute or useless residue.
TO ANY PERSON U18 YEARS
R v Forest v Forest
Best evidence possible in the circumstances should be adduced by the prosecution in proof of (victims) age
What is the essential ingredient for S6(1)(d) ?
Age
Title and Elements for S6(1)(e) ?
Sell / Offer to sell Class C controlled drug to person over 18
- Sell
OR - Offer to sell
- Any class C controlled drug
- To any person of or over 18 years
Elements and Title for 6(1)(f) ?
Possession of controlled drugs for supply
Have in their Possession
Any controlled drug
For any purpose set out in:
(C) - supply or administration of any Class A or B controlled drug
(D) - supply of any Class C controlled drug to person under 18
(E) - sale of any Class C controlled drug to person of or over 18 years old
What must you need to prove possession and what case law was held ?
R v Cox
Needing two elements
Physical - Custody / Control
Mental - Knowledge / Intent
To control something means
Exercise authoritative of dominating influence over it
E.g
A person does not have control over something that has been slipped into his pocket without his knowledge, although the has custody of it.
Proving intent In drug cases ?
Admission Circumstances evidence - packaging scales - cash - tick list Statutory Presumption under 6(6)
The controlled drugs are classified by the risk of poses to the individual and to society. List the class and the level of risk
Class A - Very High Risk
Class B - High Risk
Class C - Moderate
Under cannabis plant, what is classed as part of the plant and what isnt ?
Any part of any plant of the Cannabis except a part from which all the resin has been extracted
What was held in R v Donald ?
That supply includes the distribution of jointly owned property between it’s co-owners.
Distribution is complete
When the Defendant has done all that is necessary to accomplish delivery of the drug to others.
