Drugs Flashcards
Produce/Manufacture
S6(1)(b)
- Produce OR Manufacture
- Any controlled drug
Supply Any Class A or Class B
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.
Supply Class C Controlled Drug Under 18
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.
Sell/Offer to sell any Class C controlled drug to person 18 plus
S6(1)(e) MODA
- Sell OR offer to sell
-Any class C controlled drug. - to a person of or over 18 years of age.
Possession of Controlled Substance Drug For Supply
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.
Controlled Drug Definition
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).
R V Strawbridge
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.
Police V Emerali
Possessing a narcotic does not extend to some minute and useless residue of the substance.
Cameron V R
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.
Producing
Means to bring something into being, or to bring something into existance from its raw materials or elements.
R V Rua
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.
Manufacture
Is the process of synthesis, combining components or processing raw materials to create a new substance.
Supply
As per S2(1) MODA supply includes distribute give and sell.
Distrubute
Relates to the supply of drugs to multiple people.
Giving
Means to hand the substance over inn order to enable the other person to use the drug for his or her own purpose.
Sell
To sell involves the typical concept of sale. An exchange of the goods in return for valuable consideration.
Administer
Direct and cause a drug to be taken into the system of another person,
Offering (Prosecution Must Prove)
- 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).
R V During
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.
R v Brown
The making of such offer, with the intention that it should be understood as a genuine offer, is an offence.
R v Forest and Forest
The best evidence of age possible to be produced by the prosecution.
R V Cox
Possession involves two elements being the physical (actus) and mental (mens).
Mental:
- knowledge
- intent.
Physical:
- Actual possession/custody
- potential possession/ custody
Possession (Crown must prove)
- Knowledge the drug exists.
-Knowledge that it is a controlled drug. - Some degree of control over it.
- An intention to possess it.
Additional Evidence of intent to supply.
- Admissions.
- Circumstantial evidence (bags, scales, etc)
- The statutory presumption under section 6(6)
Schedule 5 MODA
Presumptive Amounts:
- Heroin and cocaine 0.5g
-Meth, MDMA, Cannabis oil and resin 5g
-Cannabis plant 28g or 100 cigarettes.
