Drug Dealing

Question 1

Section 6 (1)(b)

Answer 1

Produce or Manufacture
Any Controlled Drug

Question 2

Section 6 (1)(c)

Answer 2

Supply or Administer or Offer to Supply or Administer or Otherwise Deal
Any Class A or B Drug
To Any Person

Question 3

Section 6 (1)(d)

Answer 3

Supply or Administer or Offer to Supply or Administer or Otherwise Deal
Any Class C Drug
To a person under 18 years of age

Question 4

Section 6 (1)(e)

Answer 4

Sell or Offer to Sell
Any Class C Controlled Drug
To a person over 18 years of age

Question 5

Section 6(1)(f)

Answer 5

Have in his possession
Any controlled drug
For the purpose set out in paragraph C, D or E of MODA 1975

Question 6

Amounts considered dealing for class A

Answer 6

Cocaine 0.5grams
Heroin 0.5grams
LSD 2.5mg or 25 flakes
Meth 5 grams
Mushrooms 56 grams

Question 7

Class B dealing amount and classification

Answer 7

Amphetamine
Preparations
MDMA 5g
Morphine
Opium

Question 8

Class C and amount for dealing

Answer 8

Cannabis - 28 grams or 100cigs

Question 9

R V Emerali

Answer 9

Amount must be more than minute and of a usable quantity

Question 10

R V Forrest and Forrest

Answer 10

Proof of age must be made

Question 11

Definition of Knowledge and case law

Answer 11

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.

Question 12

Definition of Producing and Caselaw

Answer 12

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

Question 13

Manufacture and caselaw

Answer 13

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.

Question 14

Cannabis preparations

Answer 14

Subject in cannabis to some kind of process to make it unrecognisable as plant material

Question 15

Definition of supply

Answer 15

To furnish or provide something needed or desired. Includes distribute give or sell.

Question 16

Definition of distribute

Answer 16

Supply to multiple people

Question 17

Definition of give

Answer 17

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.

Question 18

Definition of sell

Answer 18

Exchange of goods for some form of value

Question 19

Definition of administer

Answer 19

To direct or cause drug to enter system or another person

Question 20

Definition of offer and caselaw

Answer 20

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

Question 21

Definition of purpose

Answer 21

Aim or intention

Question 22

Definition of possession and caselaw

Answer 22

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