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
What two elements must the prosecution prove in regard to offering?
The communication of an offer to supply or administer a controlled drug (actus reus)
an intention that the other person believes the offer to be genuine (mens rea)
How can an offer be conveyed?
any manner including gesture, words, writing
Name the two-case law in regard to offering to supply
R v During and R v Brown
Explain r v During
an offer is an intimation (suggestion) by the person charged to another that he is ready on request to supply to that other, controlled drugs
Explain R v Brown
the making of such an intimation (suggestion) should be understood as a genuine offer, an offence
four ways
offer to supply a drug on hand
offer to supply a drug that will be procured at some future date
A drug that he mistakenly believes he can supply
supply a drug deceitfully, knowing he will not supply
What are the four ways an offer to supply can arise?
offer to supply a drug that is on hand
offer to supply a drug that will be procured at some future date
offer to supply a drug that they mistakenly believe they can supply
offers to supply a drug deceitfully, knowing they will not supply that drug
If the offer to supply turns into an actual sale or supply, what is charged?
supply
What are the elements and offence for 6(1)(d) MODA 1975?
Supply class C drug to any person under 18 years
Supply
OR
Administer
OR
Offer to supply
OR
Offer to administer
any class C controlled drug
to a person under 18 years of age
What are the elements and offence for 6(1)(e) MODA 1975?
Sell/offer to sell any class c controlled to person 18+
sell
OR
offer to sell
any class C controlled drug
to a person of or over 18 years of age
What is the case law used in any offence where proof of age is required
R v Forrest and Forrest
What is R v Forrest and Forrest
the best evidence possible in the circumstances should be adduced by the prosecution in proof of the victim’s age.
When proving possession, what are the two elements required?
Physical and mental element.
What are the two possible physical elements for possession and explain them?
Actual custody or control - drug on their person or in vehicle/house
potential custody or control - drug in custody of another house or person on behalf
What are the two mental elements for possession and explain them
Knowledge - awareness that the substance is in their possession, need not know exact nature
Intention- willingness to supply
What is the case law regarding possession? and explain it
R v Cox
Two elements for possesion
Physical - actual or potential, custody or control
Mental - knowledge and intention
What are the four things the Crown must prove the defendant had in possession drug cases?
Knowledge that the drug exists
Knowledge that it is a controlled drug
Some degree of control over it
An intention to possess it
What does control mean in regard to possession?
exercise authoritative or dominating influence over something
What is intent?
Intent is intention to commit a deliberate act and intention to get a specific result
What is the case law for intent? and explain it
R v Collister
Circumstantial evidence can infer the intent of an offender
Actions or words before during or after the event
the surrounding circumstances
the nature of the act itself
What is the statutory presumption?
the amount, level or quantity at or over which the controlled drug is presumed to be for supply. Presumed until proved by the contrary.
What is the presumptive amount for meth, cannabis plant, cocaine, heroin, MDMA and cannabis resin?
meth - 5g
MDMA - 5g
Cocaine - 0.5g
Heroin - 0.5g
Cannabis resin - 5g
Cannabis plant - 28g/1oz or 100 or more cigarettes
What is a conspiracy?
An agreement between two or more persons to commit an imprisonable offence
What the imprisonment max penalties for class A, B and C conspiracies?
Class A - 14
Class B - 10
Class C or other - 7
Explain R v Knox
still unlawful possession if a person has deposited the drug with someone for safekeeping with intention of collecting it again
in what act and section are controlled drugs specified?
Section 2 of MODA 1975
Schedule 1 for class A, schedule 2 for class B, schedule 3 for class C
What is physical custody or control?
Drugs on their person, or in their vehicle or house
What is potential custody or control?
Drugs in the custody of another person on their behalf
What is distribution complete
When the offender has done enough to effect delivery
