Drug Offences

Question 1

List the top and sides for Produce/Manufacture controlled drug

Answer 1

Produce/Manufacture controlled drug
Sec 6 (1) (b) MODA 1975                Penalty life/14 years/8 years

1.1 Produce

OR

Manufacture

1.2 Any Controlled Drug

Question 2

Produce

Answer 2

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

Question 3

Manufacture

Answer 3

The process of synthesis, combining components or processing raw material to create a new substance.

Question 4

R v RUA

Answer 4

The Statute is not intending to create separate crimes of producing and manufacturing a controlled drug. Rather we are inclined to view that the use of the words produce and manufacture are to be read as complementary and to broadly cover the process of the creation of controlled drugs.

Question 5

Complete

Answer 5

Offence is complete once the prohibited substance is created, whether or not it is in a useable form.

Question 6

Must prove guilty knowledge

Answer 6

Prove that the Defendant;

• Knew about the drug offending, and
• Knew the substance was a controlled drug, and
• Intended to cause the drug offending.

Question 7

R V STRAWBRIDGE

Answer 7

If 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 a reasonable doubt that this was not so

Question 8

Police vs Emerali

Answer 8

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

Question 9

Controlled Drug - section 2 MODA 1975

Answer 9

Any substance, preparation, mixture or article specified or described in schedule 1, 2 or 3 to this Act and includes any controlled drug analogue.

Question 10

Controlled Drug Analogue

Section 2 MODA 1975

Answer 10

Any substance that has a structure substantially similar to that of any controlled drug. There are some exceptions.

Question 11

List the tops and sides for Supply Administer/ offer to supply or administer Class A/B controlled drug.

Answer 11

Supply administer/offer to supply or administer class A/B controlled drug

Section 6 (1) (c) MODA 1975
Penalty life/14 years

1.1 Supplies

OR

Administers

OR

Offers to supply or administer

OR

Otherwise deals

1. 2 Class A/B controlled drug
2. 3 To any person

Question 12

Supply

Sec 2 MODA 75

Answer 12

Includes to distribute, give or sell

Distribution is complete when the defendant has done all that is necessary to accomplish delivery of the drug to others.

Question 13

R V MIGINNIS

Answer 13

Supply involves more than a mere transfer of physical control, it includes enabling the recipient to apply the thing to purposes for which he desires.

Question 14

R v DONALD

Answer 14

The distribution of jointly owned property amongst its co-owners is caught within the meaning of supply

Question 15

R V KNOX

Answer 15

Giving includes giving back