Drugs

Question 1

Produce/Manufacture

Answer 1

S6(1)(b)

• Produce OR Manufacture
• Any controlled drug

Question 2

Supply Any Class A or Class B

Answer 2

S6(1)(C) MODA 1975

• Supply OR administer OR offer to supply OR administer OR otherwide deal in.
• Any Class A controlled drug OR Class B Controlled drug.
• To any other person.

Question 3

Supply Class C Controlled Drug Under 18

Answer 3

S6(1)(d) MODA

• 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 4

Sell/Offer to sell any Class C controlled drug to person 18 plus

Answer 4

S6(1)(e) MODA

• Sell OR offer to sell
  -Any class C controlled drug.
• to a person of or over 18 years of age.

Question 5

Possession of Controlled Substance Drug For Supply

Answer 5

S6(1)(F) MODA

• Have in his possession.
  -Any Controlled Drug.
  -For any of the purpose set out in paragraphs (c), (d) or (e) of the section 6(1) MODA.

Question 6

Controlled Drug Definition

Answer 6

As per S2(1) of the MODA 1975, controlled drug means any substance, preparation, mixture or article specified in schedule 1 (class a), schedule 2 (class b) and schedule 3 (class c).

Question 7

R V Strawbridge

Answer 7

Guilty Knowledge. Mens Rea is an essential element in an offence relating to controlled drugs. Belief the drug is not a controlled drug is a legitimate defense, however, it is not necessary for the crown to establish knowledge on the part of the accused.

Question 8

Police V Emerali

Answer 8

Possessing a narcotic does not extend to some minute and useless residue of the substance.

Question 9

Cameron V R

Answer 9

Recklessness is established if:

(a) the defendant recognized that there was a reak possibility that.
(i) his actions would bring the proscribed result.
(ii) that the proscribed circumstances existed and

(b) having regard to that those actions were unreasonable.

Question 10

Producing

Answer 10

Means to bring something into being, or to bring something into existance from its raw materials or elements.

Question 11

R V Rua

Answer 11

The words produce and manufacture in S6(1)(B) broadly cover the creation of controlled drugs by some form of process which changes the original substance into a particular controlled drug.

Question 12

Manufacture

Answer 12

Is the process of synthesis, combining components or processing raw materials to create a new substance.

Question 13

Supply

Answer 13

As per S2(1) MODA supply includes distribute give and sell.

Question 14

Distrubute

Answer 14

Relates to the supply of drugs to multiple people.

Question 15

Giving

Answer 15

Means to hand the substance over inn order to enable the other person to use the drug for his or her own purpose.

Question 16

Sell

Answer 16

To sell involves the typical concept of sale. An exchange of the goods in return for valuable consideration.

Question 17

Administer

Answer 17

Direct and cause a drug to be taken into the system of another person,

Question 18

Offering (Prosecution Must Prove)

Answer 18

• The communication of an offer to supply or administer a controlled drug (actus)
• An intention that the other person believes the offer to be genuine (mens).

Question 19

R V During

Answer 19

An offer is an intimation by the person charged to another that he is ready on request to supply to that other, drugs of a kind prohibited by the statue.

Question 20

R v Brown

Answer 20

The making of such offer, with the intention that it should be understood as a genuine offer, is an offence.

Question 21

R v Forest and Forest

Answer 21

The best evidence of age possible to be produced by the prosecution.

Question 22

R V Cox

Answer 22

Possession involves two elements being the physical (actus) and mental (mens).

Mental:
- knowledge
- intent.

Physical:
- Actual possession/custody
- potential possession/ custody

Question 23

Possession (Crown must prove)

Answer 23

• Knowledge the drug exists.
  -Knowledge that it is a controlled drug.
• Some degree of control over it.
• An intention to possess it.

Question 24

Additional Evidence of intent to supply.

Answer 24

• Admissions.
• Circumstantial evidence (bags, scales, etc)
• The statutory presumption under section 6(6)

Question 25

Schedule 5 MODA

Answer 25

Presumptive Amounts:
- Heroin and cocaine 0.5g
-Meth, MDMA, Cannabis oil and resin 5g
-Cannabis plant 28g or 100 cigarettes.