Drug Dealing

Question 1

Section 6(1)(b) of the misuse of drugs act 1975

Answer 1

Producing / manufacturing any controlled drug

Question 2

R v emerali

Answer 2

The serious offence of possessing a narcotic does not extend to some minute and useless residue of the substance

Question 3

R v rua

Answer 3

The words “produce” or “manufacture” in 6(1)(b) broadly covers the creation of controlled drugs by some form of process which changes the original substances into a particular controlled drug

Question 4

What is the difference between producing and manufacturing?

Answer 4

Producing = cannabis = changing nature of original substance… bring something into existence from its raw materials or elements

Manufacturing= meth = the process of synthesis ; combining components or processing raw materials to create a new substance

Eg making meth from pseudoephedrine

Question 5

Supply

Answer 5

A broad range of activities designed to effect the transfer of controlled drugs from one person to another

Question 6

In ‘offering’ drugs, what must the prosecution prove?

Answer 6

The communicating of an offer to supply or administer a controlled drug (actus reus)

The intention that the other person believes the offer to be genuine (mens Rea)

Question 7

R v brown

Answer 7

The making of such an intimation, with the intention that it should be understood as a genuine offer, is an offence”

High girls motorcycle club

Has : offers drugs he has
Get : offers drugs he will get
Mistake : offers drugs he believes he can get
Can’t : offers drugs he knows he can’t

Question 8

Section 6(1)(c) of misuse of drugs act 1975

Answer 8

Supplying any class a or b controlled drug

Question 9

Person

Answer 9

Accepted by

Judicial notice

Or

Proved by circumstantial evidence

Question 10

Section 6(1)(d) misuse of drugs act 1975

Answer 10

Supplying any class c controlled drug to person under 18 years

Question 11

R v Forrest and Forrest

Answer 11

Providing age

“The best evidence possible in circumstances should be adduced by the prosecution in proof of age “

Mum and birth cert

Question 12

Section 6(1)(e) of the misuse of drugs act 1975

Answer 12

Sell, or offer to sell, and class c controlled drug to person of or over 18 years

Question 13

Section 6(1)(f) of the misuse of drugs act 1975

Answer 13

Possession of controlled drugs for supply

Question 14

There are two elements in ‘possession’

What are they, and what is the case law ?

Answer 14

Physical element

Mental element (kki)

r v Cox

Question 15

R v cox

Answer 15

Possession involves two elements

1. Physical : the actual or potential custody or control
2. Mental : combination of knowledge and intention

KKI

Knew offence , knew substance was controlled , intended to commit the offence

Question 16

The two parts of intent

Answer 16

Deliberate act : act or omission done deliberately . The act or omission must be more than involuntary or accidental

Intent to produce a result : an intent to produce a specific result

“Aim, object or purpose”

Question 17

Under section 6(6) of the misuse of drugs act 1975, people in possession of controlled drugs over a certain specified amount are …

Answer 17

Considered to have possession of those drugs for the purpose of supply , unless they can prove otherwise