Drug Offences Flashcards
List the top and sides for Produce/Manufacture controlled drug
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
Produce
To bring something into being, or to bring something into existence from its raw materials or elements.
Manufacture
The process of synthesis, combining components or processing raw material to create a new substance.
R v RUA
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.
Complete
Offence is complete once the prohibited substance is created, whether or not it is in a useable form.
Must prove guilty knowledge
Prove that the Defendant;
- Knew about the drug offending, and
- Knew the substance was a controlled drug, and
- Intended to cause the drug offending.
R V STRAWBRIDGE
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
Police vs Emerali
In any drug offence the quantity of drug involved must be measurable and useable.
Controlled Drug - section 2 MODA 1975
Any substance, preparation, mixture or article specified or described in schedule 1, 2 or 3 to this Act and includes any controlled drug analogue.
Controlled Drug Analogue
Section 2 MODA 1975
Any substance that has a structure substantially similar to that of any controlled drug. There are some exceptions.
List the tops and sides for Supply Administer/ offer to supply or administer Class A/B controlled drug.
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
- 2 Class A/B controlled drug
- 3 To any person
Supply
Sec 2 MODA 75
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.
R V MIGINNIS
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.
R v DONALD
The distribution of jointly owned property amongst its co-owners is caught within the meaning of supply
R V KNOX
Giving includes giving back
R v DURING
Intention is that the person will believe a real offer has been made.
R V BROWN
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
Otherwise deals
Includes bartering or exchanging
Class A Controlled Drug
Section 2 MODA 75
Means any controlled drugs specified or described in Schedule 1 of MODA 75
Class B Controlled Drug
Section 2 MODA 75
Means any controlled drug specified or described in schedule 2 of MODA 75
List the tops and sides for supply class c controlled drug to person under 18 years of age
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
- 2 class c controlled drug
- 3 to person under 18 years
Proof of age
Generally done by production of birth certificate along with evidence given to identify them as the person named on the certificate
R V FOREST and FOREST
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age
List the tops and sides of sell/offer to sell class c controlled drug to person of or over 18 years of age
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
- 2 Class C controlled drug
- 3 To a person of or over 18 years of age
Sell
A quantity or share in a drug is exchanged for some valuable consideration.
Presumption of Sale - Section 6 (5) MODA 75
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.
List the tops and sides for Possession of a controlled drug for purpose 6 (1) (c), (d) or (e)
Possession of a controlled drug for purpose 6(1)(c),(d) or (e)
Section 6(1)(f)
Penalty life/14 years/8 years
- 1 has in his possession
- 2 of any controlled drug
- 3 for any of the purposes set out in paragraphs (c) (d) or (e)
Possession
Possession can be actual or constructive
Actual possession
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.
Warner vs Metropolition Police Commissioner
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
Constructive possession
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.
SULLIVAN V EARL OF CAITHNESS
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.
Possession - Section 2(2), Misuse of Drugs Act 1975
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.
Purpose
In this context can be equated to aim or intention
Paragraph (c)
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;
Paragraph (d)
Supply or administer or offer to supply or administer any class C controlled drug to a person under 18 years of age
Paragraph (e)
Sell or offer to sell any Class C controlled drug to a person of or over 18 years of age
Dealing with controlled drugs - section 6 MODA 1975
(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)).
