Drug Dealing Flashcards
Section 6 (1)(b)
Produce or Manufacture
Any Controlled Drug
Section 6 (1)(c)
Supply or Administer or Offer to Supply or Administer or Otherwise Deal
Any Class A or B Drug
To Any Person
Section 6 (1)(d)
Supply or Administer or Offer to Supply or Administer or Otherwise Deal
Any Class C Drug
To a person under 18 years of age
Section 6 (1)(e)
Sell or Offer to Sell
Any Class C Controlled Drug
To a person over 18 years of age
Section 6(1)(f)
Have in his possession
Any controlled drug
For the purpose set out in paragraph C, D or E of MODA 1975
Amounts considered dealing for class A
Cocaine 0.5grams
Heroin 0.5grams
LSD 2.5mg or 25 flakes
Meth 5 grams
Mushrooms 56 grams
Class B dealing amount and classification
Amphetamine
Preparations
MDMA 5g
Morphine
Opium
Class C and amount for dealing
Cannabis - 28 grams or 100cigs
R V Emerali
Amount must be more than minute and of a usable quantity
R V Forrest and Forrest
Proof of age must be made
Definition of Knowledge and case law
Can be proved through admissions. Circumstantial evidence and statutory presumption.
R V Strawbridge - crown does not need established knowledge up to the defendant to prove they were innocent. Evidence to sport knowledge is encouraged.
Definition of Producing and Caselaw
Bring something into being/existence from its raw material/element
Complete when the substance is created regardless if it is usable.
R v Rua - creation of controlled drug by some process of changing it from its original state to a controlled drug
Manufacture and caselaw
Process of combining components or processing raw materials to create new substance.
RV Rua - creation of controlled drug by some process of changing it from his original state to a controlled drug.
Cannabis preparations
Subject in cannabis to some kind of process to make it unrecognisable as plant material
Definition of supply
To furnish or provide something needed or desired. Includes distribute give or sell.
Definition of distribute
Supply to multiple people
Definition of give
To hand substance over to enable person to use, completed when recipient has possession/control of drug. Doesn’t require physical handover. Can occur if accused permits person to help themselves.
Definition of sell
Exchange of goods for some form of value
Definition of administer
To direct or cause drug to enter system or another person
Definition of offer and caselaw
Arouse another person’s interest. Requires communication by accused and belief by recipient that their offer is genuine.
RV Brown - understood to be genuine offer
RV During - intimation/physical offer from accused that drug is ready to supply
Definition of purpose
Aim or intention
Definition of possession and caselaw
Physical and mental element. Must have in the custody/control. Must have knowledge of it and know it’s a controlled drug.
RV Cox - physical and mental element must be proven to show possession
