Drugs Flashcards
In the MODA 1975, what is a controlled drug?
SPAM - CDA
Any substance, preparation, mixture, or article specified in schedule 1, 2, or 3 of this Act and includes any controlled drug analogue.
What does a controlled drug analogue mean and give an example
Any substance that has a structure substantially similar to that of any controlled drug.
For example BZP
What is a class A controlled drug classified as and name five?
Classified as such their misuse poses a very high risk of harm to individuals and to society.
Cocaine Heroin LSD Meth Shrooms
What is a class B controlled drug specified as and name five?
Those that pose a high risk of harm to individuals or society.
Amphetamine Hashish MDMA Morphine Opium
What is a class C controlled drug and name four?
Class C controlled drugs pose a moderate risk of harm to individuals and society.
Cannabis fruit
Cannabis seed
Cannabis plant
Codeine
R v. Strawbridge
The crown don’t have to establish knowledge on the part of the accused
In the absence of evidence to the contrary knowledge will be presumed
If there is evidence that the accused honestly had RGTB their act was innocent
They are entitled to be acquitted.
Police v. Emirali
The quantity of the drug involved must be measurable and useable
Includes consideration of the condition it was found in
Liability for producing/manufacturing any controlled drug
S6(1)(b) MODA 1975
No person shall
Produce OR manufacture
Any controlled drug
What is the difference between producing or manufacturing controlled drugs?
Producing is changing the nature of the original substance but chemically it remains the same
Manufacturing is creating a difference substance from the original material so there is a chemical change.
R v Rua
The words produce and manufacture both broadly cover the creation of controlled drugs by some sort of process
The product does not have to be in a useable form
Liability if supplying a class A or class B controlled drug
s6(1)(c) of MODA 1975
No person shall
Supply OR administer, OR offer to supply OR administer, or otherwise deal in
Any class A controlled drug OR any class B controlled drug
To any other person
What does supply mean?
To furnish something that is needed or desired.
Includes to distribute, give, and sell.
R v Maginis
Supply is more than just the transfer of physical control
It includes enabling the recipient to apply the thing for the purpose he desires
R v During
If you offer drugs, must be able to supply on request
R v Brown
Offers to supply a drug he has on hand
Offers to supply a drug to be produced at a future date
Offers to supply a drug he mistakenly believes he can supply
Offers to supply a drug deceitfully
The definition of selling
The exchange of goods in return for valuable consideration
Anything of value will suffice
Definition of administering
Introducing a drug directly in to another’s system
Also covers to direct or cause a drug to be taken in to the system
What are the actus reus and mens rea of offers to supply or administer?
Actus reus: the communicating of an offer to supply or administer the drug
Mena rea: an intention that the other person believes the offer is genuine
What is the definition of a person in the liabilities?
Generally accepted by judicial notice or proved by circumstantial evidence
Liability for supply a class C controlled drug to a person under 18 years of age
a 6(1)(d) MODA 1975
No person shall
Supply OR administer OR offer to supply OR offer to administer
Any class C controlled drug
To a person under 18 years of age
R v Forrest & Forrest
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age
Liability for sell or offer to sell any class c controlled drug ti a person over 18
s 6(1)(e) MODA 1975
No person shall
Sell OR offer to sell
Any class C controlled drug
To a person over 18 years of age
Liability for possession of controlled drug for supply
s6(1)(f) MODA 1975
Have in his possession
Any controlled drug
For any of the purposes set out in paragraphs c d e of a 6(1) of the MODA
R v Cox
Possession involves two elements
The physical element is actually or potential physical custody or control
Second is the mental element and is a combination of knowledge and intention. Knowledge the substance is in their possession and an intention to exercise possession.
What are the four things the crown need to prove for possession in drugs cases?
Knowledge the drug exists
Knowledge it is a controlled drug
Some degree of control over it
An intention to possess it.
How do you prove intent in drugs cases?
Admissions
Circumstantial evidence
Statutory presumption under 6(6)
What is statutory presumption in drugs cases?
Under a 6(6) of the MODA persons in possession of controlled drugs over certain specified amounts are considered to have those drugs for the purpose of supply, unless they can prove otherwise.
What is the presumptive amount of heroin?
0.5 grams
What is the presumptive amount of cocaine?
0.5 grams
What is the presumptive amount for LSD?
2.5 mg or 25 flakes or 25 tabs
What is the presumptive amount of meth?
5 grams
What is the presumptive amount of MDMA?
5 grams
What is the presumptive amount of cannabis plant?
28 grams or >100 cigarettes
