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

Question 16

R v DURING

Answer 16

Intention is that the person will believe a real offer has been made.

Question 17

R V BROWN

Answer 17

Have drug - intends to supply - offers to supply

Don’t have drug - intends to get drug - offers to supply

Think have drug but don’t - offers to supply

Pretends to have drug - offers to supply

Question 18

Otherwise deals

Answer 18

Includes bartering or exchanging

Question 19

Class A Controlled Drug

Section 2 MODA 75

Answer 19

Means any controlled drugs specified or described in Schedule 1 of MODA 75

Question 20

Class B Controlled Drug

Section 2 MODA 75

Answer 20

Means any controlled drug specified or described in schedule 2 of MODA 75

Question 21

List the tops and sides for supply class c controlled drug to person under 18 years of age

Answer 21

1.1 Supply class c controlled drug to person under 18 years 
Sec 6 (1) (d) MODA 75 
Penalty 8 years

Supply

OR

Administer

OR

Offers to supply or administer

OR

otherwise deals

1. 2 class c controlled drug
2. 3 to person under 18 years

Question 22

Proof of age

Answer 22

Generally done by production of birth certificate along with evidence given to identify them as the person named on the certificate

Question 23

R V FOREST and FOREST

Answer 23

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

Question 24

List the tops and sides of sell/offer to sell class c controlled drug to person of or over 18 years of age

Answer 24

Sell/offer to sell class c controlled drug to person of or over 18 years of age.
Sec 6 (1) (e) MODA 75
Penalty 8 years

1.1 sells

OR

Offers to sell

1. 2 Class C controlled drug
2. 3 To a person of or over 18 years of age

Question 25

Sell

Answer 25

A quantity or share in a drug is exchanged for some valuable consideration.

Question 26

Presumption of Sale - Section 6 (5) MODA 75

Answer 26

For the purposes of section 6 (1) (e), if proved that a person has supplied a controlled drug it shall be deemed to have been sold unless proved to the contrary.

Question 27

List the tops and sides for Possession of a controlled drug for purpose 6 (1) (c), (d) or (e)

Answer 27

Possession of a controlled drug for purpose 6(1)(c),(d) or (e)
Section 6(1)(f)
Penalty life/14 years/8 years

1. 1 has in his possession
2. 2 of any controlled drug
3. 3 for any of the purposes set out in paragraphs (c) (d) or (e)

Question 28

Possession

Answer 28

Possession can be actual or constructive

Question 29

Actual possession

Answer 29

Actual possession arises where the thing in question is in a persons physical custody; it is on or about their person or immediately at hand.

Question 30

Warner vs Metropolition Police Commissioner

Answer 30

The term possession must be given a sensible and reasonable meaning in its context. Ideally, a possessor of a thing has:

• complete physical control over it
• knowledge of its existence, it’s situation and its qualities

Question 31

Constructive possession

Answer 31

Constructive possession arises when something is not in a persons physical custody, but they have ready access to it and can exercise control over it.

Question 32

SULLIVAN V EARL OF CAITHNESS

Answer 32

Possession includes not merely those who have physical custody of firearms but also includes those who have firearms under their control at their behest, even though for one reason or another they may be kept at another location.

Question 33

Possession - Section 2(2), Misuse of Drugs Act 1975

Answer 33

For the purposes of this act, the things which are in a persons possession include anything subject to his control which is in the custody of another.

Question 34

Purpose

Answer 34

In this context can be equated to aim or intention

Question 35

Paragraph (c)

Answer 35

Supply or administer, or offer to supply or administer any class A controlled drug or Class B controlled drug to any other person or otherwise deal in any such controlled drug;

Question 36

Paragraph (d)

Answer 36

Supply or administer or offer to supply or administer any class C controlled drug to a person under 18 years of age

Question 37

Paragraph (e)

Answer 37

Sell or offer to sell any Class C controlled drug to a person of or over 18 years of age

Question 38

Dealing with controlled drugs - section 6 MODA 1975

Answer 38

(6) for the purposes of subsection (1) (f) a person is presumed until the contrary is proved to be in possession of a controlled drug for any of the purposes in subsection (1) (c),(d), or (e) if he or she is in possession of the controlled drug in an amount, level, or quantity at or over which the controlled drug is presumed to be for supply (see section 2(1A)).