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DDC > Drugs > Flashcards

Drugs Flashcards

1
Q

What are the elements and offence for s6(1)(b) MODA 1975?

A

Produce
OR
Manufacture

Any controlled drug

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2
Q

What are the elements for s6(1)(c) MODA 1975?

A

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

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3
Q

What are the elements and offence for s6(1)(f) MODA 1975?

A

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

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4
Q

Explain R v Strawbridge

A

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

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5
Q

What must have a guilty party have in regard to an offence relating to controlled drugs?

A

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.

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6
Q

Name and explain the case law regarding usable quantity

A

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.

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7
Q

What case law is used in every drug dealing 6(1) offence?

A

R v Strawbridge and Police v Emerali

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8
Q

In regard to s.29 MODA, summarise mistake as to nature of controlled drug or precursor substance

A

If the defendant believes it was one type of narcotic in their possession however scientifically it was another then defence does not apply.

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9
Q

What is the case law regarding producing and manufacturing and explain it

A

R v Rua

Creation of controlled drugs by some form of process which changes the original substances into a controlled drug

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10
Q

What does produce mean?

A

bring something into being or to bring something into existence from its raw materials or elements.

changing something from original state

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11
Q

What is manufacture?

A

process of synthesis; combining components or raw materials to create a new substance

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12
Q

When is the offence of production or manufacture complete?

A

when the prohibited substance is created, whether or not it is in a useable form

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13
Q

What section, subsection and act is manufacture/produce

A

s.6(1)(b) MODA 1975

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14
Q

What section, subsection and act is supply?

A

s.6(1)(c) MODA 1975

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15
Q

what class of controlled drugs does s.6(1)(c) apply to?

A

A and B

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16
Q

what class of controlled drugs does s.6(1)(b) apply to?

A

A, B, and C

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17
Q

What does supply mean?

A

Distribute, sell or give

to furnish or provide something that is desired or needed

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18
Q

What does the term distribution mean in regard to supply?

A

The supply of drugs to multiple people.

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19
Q

When is distribution complete?

A

When the defendant has done all that is necessary to accomplish delivery.

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20
Q

What does give mean?

A

Hand the substance to another person

21
Q

When is giving complete?

A

recipient accepts possession or where the drug is placed under the control of a willing participant

22
Q

Can giving occur without an active transfer of the drugs?

A

yes, someone can passively permit another to help themselves to a cache of drugs.

23
Q

What does selling mean?

A

exchange of goods in return for valuable consideration

24
Q

What does administer mean?

A

introduce a drug directly into another person’s system, by consent or not

25
Q

What two elements must the prosecution prove in regard to offering?

A

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)

26
Q

How can an offer be conveyed?

A

any manner including gesture, words, writing

27
Q

Name the two-case law in regard to offering to supply

A

R v During and R v Brown

28
Q

Explain r v During

A

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

29
Q

Explain R v Brown

A

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

30
Q

What are the four ways an offer to supply can arise?

A

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

31
Q

If the offer to supply turns into an actual sale or supply, what is charged?

A

supply

32
Q

What are the elements and offence for 6(1)(d) MODA 1975?

A

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

33
Q

What are the elements and offence for 6(1)(e) MODA 1975?

A

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

34
Q

What is the case law used in any offence where proof of age is required

A

R v Forrest and Forrest

35
Q

What is R v Forrest and Forrest

A

the best evidence possible in the circumstances should be adduced by the prosecution in proof of the victim’s age.

36
Q

When proving possession, what are the two elements required?

A

Physical and mental element.

37
Q

What are the two possible physical elements for possession and explain them?

A

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

38
Q

What are the two mental elements for possession and explain them

A

Knowledge - awareness that the substance is in their possession, need not know exact nature

Intention- willingness to supply

39
Q

What is the case law regarding possession? and explain it

A

R v Cox

Two elements for possesion

Physical - actual or potential, custody or control

Mental - knowledge and intention

40
Q

What are the four things the Crown must prove the defendant had in possession drug cases?

A

Knowledge that the drug exists

Knowledge that it is a controlled drug

Some degree of control over it

An intention to possess it

41
Q

What does control mean in regard to possession?

A

exercise authoritative or dominating influence over something

42
Q

What is intent?

A

Intent is intention to commit a deliberate act and intention to get a specific result

43
Q

What is the case law for intent? and explain it

A

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

44
Q

What is the statutory presumption?

A

the amount, level or quantity at or over which the controlled drug is presumed to be for supply. Presumed until proved by the contrary.

45
Q

What is the presumptive amount for meth, cannabis plant, cocaine, heroin, MDMA and cannabis resin?

A

meth - 5g
MDMA - 5g
Cocaine - 0.5g
Heroin - 0.5g
Cannabis resin - 5g
Cannabis plant - 28g/1oz or 100 or more cigarettes

46
Q

What is a conspiracy?

A

An agreement between two or more persons to commit an imprisonable offence

47
Q

What the imprisonment max penalties for class A, B and C conspiracies?

A

Class A - 14
Class B - 10
Class C or other - 7

48
Q

Explain R v Knox

A

still unlawful possession if a person ahs deposited the drug with someone for safekeeping with intention of collecting it again

49
Q

in what act and section are controlled drugs specified?

A

Section 2 of MODA 1975

Schedule 1 for class A, schedule 2 for class B, schedule 3 for class A

DDC (13 decks)

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