Drug Liabilities - Definitions

Question 1

Produce

Answer 1

(R v RUA) (see case law)

The offence is complete once the prohibited substance is created, whether or not it is in a usable form.

Producing
- Means to bring something into being or to bring something into existence from its raw material or elements

Question 2

Manufacture

Answer 2

(R v RUA) (see case law)

The offence is complete once the prohibited substance is created, whether or not it is in a usable form.

Manufacturing
- Synthesis - combining components or processing raw materials to create a new substance.

Question 3

Any Controlled Drug

Answer 3

Controlled Drug (CD)
Section 2, MODA 1975
- CD means any substance, preparation, mixture or article specified or described in Schedule 1, Schedule 2, or Schedule 3, to this Act and includes any Controlled Drug Analogue

Guilty Knowledge (R v Strawbridge)

Usable Quantity (Police v Emerali)

Question 4

Supply

Answer 4

Supply
Section 2, MODA 1975
- includes distribute, give and sell
(R v Donald)
(R v Knox)
(R v Wildbore)

Question 5

Administer

Answer 5

Administer
- “To direct and cause a drug to be taken into the system” of another person

Question 6

Offer

Answer 6

Offer
(R v During)
(R v Brown)

Question 7

Otherwise Deals With

Answer 7

Dealing in a drug by some means other than by distributing, giving or selling it, administering it or offering to supply or administer

Question 8

Any Controlled Class A Drug

Answer 8

Controlled Drug (CD)
Section 2, MODA 1975
- CD means any substance, preparation, mixture or article specified or described in Schedule 1 to this Act and includes any Controlled Drug Analogue

Guilty Knowledge (R v Strawbridge)

Usable Quantity (Police v Emerali)

Question 9

Any Controlled Class B Drug

Answer 9

Controlled Drug (CD)
Section 2, MODA 1975
- CD means any substance, preparation, mixture or article specified or described in Schedule 2 to this Act and includes any Controlled Drug Analogue

Guilty Knowledge (R v Strawbridge)

Usable Quantity (Police v Emerali)

Question 10

Any Controlled Class C Drug

Answer 10

Controlled Drug (CD)
Section 2, MODA 1975
- CD means any substance, preparation, mixture or article specified or described in Schedule 3 to this Act and includes any Controlled Drug Analogue

Guilty Knowledge (R v Strawbridge)

Usable Quantity (Police v Emerali)

Question 11

To Any other Person

Answer 11

Prosecution must prove that the drugs were supplied to another person although it is not necessary to identify that person.

The offence is GN, accepted by JN or proved by CE

Question 12

Offer to Supply

Answer 12

Offer
(R v During)
(R v Brown)

Supply
Section 2, MODA 1975
- includes distribute, give and sell
(R v Donald)
(R v Knox)
(R v Wildbore)

Question 13

Offer to Administer

Answer 13

Offer
(R v During)
(R v Brown)

Administer
- “To direct and cause a drug to be taken into the system” of another person

Question 14

To any person Under 18 years old

Answer 14

The person must be under 18 years old

(R v Forest v Forest)

Question 15

Sell

Answer 15

Sells
Section 6(5), MODA 1975
- If proved that a person has supplied a Controlled Drug to another person he shall until the Contrary is proved to be deemed to have sold that Controlled Drug to that other person.

Question 16

Offer to Sell

Answer 16

Offer
(R v During)
(R v Brown)

Sells
Section 6(5), MODA 1975
- If proved that a person has supplied a Controlled Drug to another person he shall until the Contrary is proved to be deemed to have sold that Controlled Drug to that other person.

Question 17

Have in his possession

Answer 17

Possession
(R v Cox)

Control
- To exercise authoritative or dominating influence over it

Question 18

For any purpose set out in Paragraphs (c), (d), (e) or Section 6(1) of MODA 1975

Answer 18

Purpose
- Equated to ‘Aim’ or ‘Intention’

The relevant intention on the part of the Defendant is to supply a Controlled Drug to others in one of the ways specified in Section 6(1)(c), (d) or (e)

Intent
There must be an intention
- Commit the Act
- Get a specific result

Intent - means that an act or omission must be done deliberately. The act or omission must be more than involuntary or accidental.

(R v Collister)