Drug Offences 1

Question 1

Must prove Guilty Knowledge

Answer 1

Must prove Guilty Knowledge

This will involve proof that the Defendant:

• Knew about the importation / exportation AND
• Knew the imported / exported substance was a controlled drug AND
• Intended to cause the importation / exportation

Question 2

R v Strawbridge

Answer 2

R v Strawbridge

It is not necessary for the Crown to establish

knowledge on the part of the accused.

In the absence of evidence to the contrary knowledge on her part will be presumed,

but if there is some evidence that the accused honestly believed

on reasonable grounds that her act was innocent,

then she is entitled to be acquitted unless

the jury is satisfied beyond reasonable doubt that this was not so.

Question 3

Useable Amount

Answer 3

Useable Amount -

In any drug offence the quantity of drug involved must be measurable and useable.

Question 4

Police v Emerali

Answer 4

Police v Emerali -

“the serious offence of … possessing a narcotic does not extend to some minute and useless residue of the substance.”

Question 5

Definition - Controlled Drug – s2, MODA 1975

Answer 5

Controlled Drug – s2, MODA 1975 -

Means any substance, preparation, mixture or article

specified or described in Schedule 1, Schedule 2 or

Schedule 3 of this Act and includes any controlled drug analogue.

Question 6

Definition - Produce

Answer 6

Produce -

To produce means to bring something into being,

or to bring something into existence from its raw materials or elements.

Question 7

Definition - Manufacture

Answer 7

Manufacture -

Manufacturing is the process of synthesis;

combining components or

processing raw materials to create a new substance.

Question 8

R v Rua

Answer 8

R v Rua

The words “produce” or “manufacture” in s6(1)(b)

broadly cover the creation of controlled drugs by some form of process

which changes the original substances into a particular controlled drug.

Question 9

Definition - Complete

Answer 9

Complete -

The offence is complete once the prohibited substance is created,

whether or not it is in a useable form.

Must prove Guilty Knowledge (This will involve proof that the Defendant)

• Knew about the produce / manufacturing AND
• Knew the produce / manufacturing substance was a controlled drug AND
• Intended to cause the produce / manufacturing

Question 10

Definition - Supply

Answer 10

Supply – s2, MODA 1975 -

Includes to distribute, give or sell.