Drugs

Question 1

In the MODA 1975, what is a controlled drug?

Answer 1

SPAM - CDA

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

Question 2

What does a controlled drug analogue mean and give an example

Answer 2

Any substance that has a structure substantially similar to that of any controlled drug.

For example BZP

Question 3

What is a class A controlled drug classified as and name five?

Answer 3

Classified as such their misuse poses a very high risk of harm to individuals and to society.

Cocaine
Heroin
LSD
Meth
Shrooms

Question 4

What is a class B controlled drug specified as and name five?

Answer 4

Those that pose a high risk of harm to individuals or society.

Amphetamine
Hashish
MDMA
Morphine
Opium

Question 5

What is a class C controlled drug and name four?

Answer 5

Class C controlled drugs pose a moderate risk of harm to individuals and society.

Cannabis fruit
Cannabis seed
Cannabis plant
Codeine

Question 6

R v. Strawbridge

Answer 6

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.

Question 7

Police v. Emirali

Answer 7

The quantity of the drug involved must be measurable and useable

Includes consideration of the condition it was found in

Question 8

Liability for producing/manufacturing any controlled drug

Answer 8

S6(1)(b) MODA 1975

No person shall
Produce OR manufacture
Any controlled drug

Question 9

What is the difference between producing or manufacturing controlled drugs?

Answer 9

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.

Question 10

R v Rua

Answer 10

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

Question 11

Liability if supplying a class A or class B controlled drug

Answer 11

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

Question 12

What does supply mean?

Answer 12

To furnish something that is needed or desired.

Includes to distribute, give, and sell.

Question 13

R v Maginis

Answer 13

Supply is more than just the transfer of physical control

It includes enabling the recipient to apply the thing for the purpose he desires

Question 14

R v During

Answer 14

If you offer drugs, must be able to supply on request

Question 15

R v Brown

Answer 15

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

Question 16

The definition of selling

Answer 16

The exchange of goods in return for valuable consideration

Anything of value will suffice

Question 17

Definition of administering

Answer 17

Introducing a drug directly in to another’s system

Also covers to direct or cause a drug to be taken in to the system

Question 18

What are the actus reus and mens rea of offers to supply or administer?

Answer 18

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

Question 19

What is the definition of a person in the liabilities?

Answer 19

Generally accepted by judicial notice or proved by circumstantial evidence

Question 20

Liability for supply a class C controlled drug to a person under 18 years of age

Answer 20

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

Question 21

R v Forrest & Forrest

Answer 21

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

Question 22

Liability for sell or offer to sell any class c controlled drug ti a person over 18

Answer 22

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

Question 23

Liability for possession of controlled drug for supply

Answer 23

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

Question 24

R v Cox

Answer 24

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.

Question 25

What are the four things the crown need to prove for possession in drugs cases?

Answer 25

Knowledge the drug exists

Knowledge it is a controlled drug

Some degree of control over it

An intention to possess it.

Question 26

How do you prove intent in drugs cases?

Answer 26

Admissions

Circumstantial evidence

Statutory presumption under 6(6)

Question 27

What is statutory presumption in drugs cases?

Answer 27

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.

Question 28

What is the presumptive amount of heroin?

Answer 28

0.5 grams

Question 29

What is the presumptive amount of cocaine?

Answer 29

0.5 grams

Question 30

What is the presumptive amount for LSD?

Answer 30

2.5 mg or 25 flakes or 25 tabs

Question 31

What is the presumptive amount of meth?

Answer 31

5 grams

Question 32

What is the presumptive amount of MDMA?

Answer 32

5 grams

Question 33

What is the presumptive amount of cannabis plant?

Answer 33

28 grams or >100 cigarettes