Drug Dealing Flashcards
Section 6(1)(b) MODA 1975
Produce or Manufacture
Any controlled drug
Section 6(1)(c)
Supply or administer or offer to supply or administer or otherwise deal in
Any class A controlled drug or Class B controlled drug
To any other person
Proof of possession
Knowledge that the drug exists
Knowledge that it is a controlled drug
Some degree of control over it
An intention to possess it
Section 6(1)(d)
Supply or Administer, or offer to Supply or administer
Any Class C controlled drug
To a person under 18 years
6(1)(e) MODA 1975
DRUG DEALING
Sell or offer to sell
Any Class C controlled drug
To a person of or over 18 years of age
6(1)(f)
DRUG DEALING
Have in his possession
Any controlled drug
For any purposes set out in paragraphs, (c), (d) or (e) of the section 6(1) MODA1975
Class A Drugs
Cocaine
Heroin
Lysergic acid (LSD)
Meth
Magic mushrooms
Class B drugs
Amphetamine
Cannabis resin/oil
MDMA
Morphine
Opium
Class C
Cannabis plant
Produce Def
Means to bring something into being, or to bring something into existence from its raw materials or elements
Produce/Manufacture CL
R v RUA
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
Manufacture Def
Manufacturing is the process of synthesis; combining components or processing raw materials to create a new substance
Supply
Includes to distribute, give or sell
Distribute
Supply drugs to multiple people
SELL
An exchange of goods in return for valuable consideration
ADMINISTERS
Introducing a drug directly into another person’s system
OFFERING ELEMENTS
Communicating of an offer to supply or administer a controlled drug
An intention that the other person believes the offer to be genuine
OFFERING CL
R v DURING
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 statue
R V BROWN
Making of such an intimation, with the intention that it should be understood as a genuine offer, is an offence
AGE CL
R V FORREST AND FORREST
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age
Possession CL
R V COX
2 elements
Physical element, actual or potential physical custody or control
Mental element, a combination of knowledge and intention
Knowledge in the sense of an awareness the substance is in his possession and an intention to exercise possession
Possession in drugs cases
Must prove
Knowledge that the drug exists
Knowledge that it is a controlled drug
Some degree of control over it
An intention to possess it
Purpose
Same as aim or Intent
Statutory Presumption
Under section 6(6) people in possession over certain amounts are considered to have possession of those drugs for the purpose of supply
Schedule 5
Heroin 0.5 grams
Cocaine 0.5 grams
LSD 2.5 grams
Meth 5 grams
MDMA 5 grams
Cannabis Resin 5 grams
Cannabis Plant 28grams or 100 cigarettes
Controlled Drug
Controlled drug means any substance, preparation, mixture or article specified or described in schedule 1, schedule 2, schedule 3 of the MODA1975
Usable Quanity
Police v Emerali
Guilty Knowledge CL
R v STRAWBRIDGE
