Drugs Flashcards
What are the elements and offence for s6(1)(b) MODA 1975?
Produce
OR
Manufacture
Any controlled drug
What are the elements for s6(1)(c) MODA 1975?
Supply
OR
Administer
OR
Offer to supply
OR
Offer to administer
OR
Otherwise deal in
Any class A controlled drug
OR
Any class B controlled drug
to any other person
What are the elements and offence for s6(1)(f) MODA 1975?
Possession for supply
Have in his possession
any controlled drug
for any purposes set out in paragraphs (c), (d) or (e) of section 6(1) MODA 1975
Explain R v Strawbridge
It is not necessary for the crown to establish knowledge on the part of the accused. In absence of evidence to the contrary it will be presumed
What must have a guilty party have in regard to an offence relating to controlled drugs?
Mens Rea, a guilty knowledge. The defendant must know the substance was a controlled drug or have characteristics consistent with a controlled drug.
Guilty knowledge will be presumed in the absence of evidence to the contrary.
Name and explain the case law regarding usable quantity
Police v Emerali
possessing a narcotic does not extend to some minute and useless residue of the substance
the crown does not need to prove the fact unless defence put matter in issue.
What case law is used in every drug dealing 6(1) offence?
R v Strawbridge and Police v Emerali
In regard to s.29 MODA, summarise mistake as to nature of controlled drug or precursor substance
If the defendant believes it was one type of narcotic in their possession however scientifically it was another then defence does not apply.
What is the case law regarding producing and manufacturing and explain it
R v Rua
Creation of controlled drugs by some form of process which changes the original substances into a controlled drug
What does produce mean?
bring something into being or to bring something into existence from its raw materials or elements.
changing something from original state
What is manufacture?
process of synthesis; combining components or raw materials to create a new substance
When is the offence of production or manufacture complete?
when the prohibited substance is created, whether or not it is in a useable form
What section, subsection and act is manufacture/produce
s.6(1)(b) MODA 1975
What section, subsection and act is supply?
s.6(1)(c) MODA 1975
what class of controlled drugs does s.6(1)(c) apply to?
A and B
what class of controlled drugs does s.6(1)(b) apply to?
A, B, and C
What does supply mean?
Distribute, sell or give
to furnish or provide something that is desired or needed
What does the term distribution mean in regard to supply?
The supply of drugs to multiple people.
When is distribution complete?
When the defendant has done all that is necessary to accomplish delivery.
What does give mean?
Hand the substance to another person
When is giving complete?
recipient accepts possession or where the drug is placed under the control of a willing participant
Can giving occur without an active transfer of the drugs?
yes, someone can passively permit another to help themselves to a cache of drugs.
What does selling mean?
exchange of goods in return for valuable consideration
What does administer mean?
introduce a drug directly into another person’s system, by consent or not
