DRUGS

Question 1

What are the ingredients for supply class A/B controlled drug 6 (1)(c)?

Answer 1

Supplies OR
Administer OR
Offer to supply or administer OR
Otherwise deals
Any class A or B controlled drug
To any person

Question 2

Define supply in relation to MODA 1975

Answer 2

To supply means to distribute, give or sell.

Question 3

Define distribution in relation to MODA 1975

Answer 3

Distribution means to supply drugs to multiple people.

Question 4

What does giving mean in relation to MODA 1975

Answer 4

Handing over or in some other way, transferring an item to another person. The act of giving is complete when the recipient accepts possession.

Question 5

What does selling mean in relation to MODA 1975

Answer 5

A sale occurs when a quantity or share in a drug is exchanged for some valuable consideration. Often this is money but can be anything of value.

Question 6

Define administers in relation to MODA 1975

Answer 6

Administers is distinguished from suplying in that it involves introducing a drug directly in to another person’s system. In short it means to direct and cause a … drug to be taken in to the system of another person.

Question 7

What two elements must the prosecution prove in relation to proving a charge for offers to supply?

Answer 7

Must prove:

1. The communicating of an offer to suply or administer a controlled drug (actus reus).
2. an intention that the other person believes the offer to be genuine (the mens reus)

Question 8

In relation to offering to supply or administer what are the two case laws and what do they state?

Answer 8

R v During - an offer is an intimation (indication or hint) by the person charged to another that he is ready on request to supply to that other (person), drug of a kind prohibited by the statute.
R v Brown - the making of such an intimation (indication or hint), with the intention that it should be understood as a genuine offer, is an offence.

Question 9

What are three ways that an offer may be conveyed?

Answer 9

In any manner including - words, writing or gestures.

Question 10

In relation to offering to supply, list the circumstances that an offer may occur as held in R v Brown.

Answer 10

• Offers to supply a drug that he has on hand
• Offers to supply a drug that will be procured at some future date
• Offers to supply a drug that he mistakenly believes he can supply
• Offers to supply a drug deceitfully, knowing he will not supply that drug.

Question 11

Define a class A controlled drug

Answer 11

A class A controlled drug are any drugs that are specified or described in schedule 1 of the MODA 1975. Class A drugs pose a very high risk of harm to individuals and to society.

Question 12

What are 5 examples of a Class A controlled drug?

Answer 12

Meth, cocaine, heroin, LSD and magic mushrooms.

Question 13

Define a class B controlled drug

Answer 13

A class B controlled drug means the controlled drugs specified or described in schedule 2 of the MODA 1975. Class B controlled drugs are those that pose a high risk of harm to individuals and society.

Question 14

Give 5 examples of a class B controlled drug

Answer 14

Amphetamines, Cannabis oil, MDMA (Ectasy), Morphine, Opium

Question 15

In relation to the MODA 1975 what is a usuable quantity?

Answer 15

In any drug offence the quantity of the drug involved must be measurable and useable.

Question 16

What case law relates to the quantity of drugs and what does it state?

Answer 16

Police v Emerali - the serious offence of possession of a narcotic does not extend to some minute and useless residue of the subtance.

Question 17

Other than the quantity of a drug as in the size and weight, what other relevant considerations are there?

Answer 17

The nature of the drug and the condition in which it is found are relevant.

Question 18

What is a controlled drug? S2 MODA 1975

Answer 18

Any subtance, preparation, mixture or article specified or described in schedules 1, 2 or 3 of the Act and includes any controlled drug analogue.

Question 19

What is a controlled drug analogue? S 2 MODA 1975

Answer 19

Is any subtance (other than exceptions) with a structure substantially similar to a controlled drug. It is a subtance that has similar dangerous effects, but that is not specifically listed in the schedules to the act.

Question 20

What is one example of a controlled drug analogue?

Answer 20

An example would be a substance with a very similar chemical structure to that of meth and which therefore poses a very similar risk to the user. On analysis it would not be meth but would be an analogue of meth and therefore would itself be a controlled drug

Question 21

What class of drug are ALL drug analogues classed as?

Answer 21

Class C - irrespective of the drug they resemble.

Question 22

Drugs are classified in to three schedules under this act. What are the three classes and what is the reasoning for the different schedules?

Answer 22

There are three classes/schedules or controlled drugs - Class A, B and C. The different schedules, 1,2 and 3 are based on the seriousness of the drugs effect after use to the individual user and society.

Question 23

When is manufacturing or production of a controlled drug complete?

Answer 23

The offence is complete once the prohibited substance is created, whether or not it is in a useable form.
An example of this is in R v Rua, meth in suspension in a two-layered liquid, although not capable of being used in that state, was held to have been manufactured.

Question 24

Explain your understanding of “administering and supplying” a controlled drug.

Answer 24

Suppling is when you sell, give or supply a person with a drug, where as administering is when you introduce a drug directly in to another person’s system (whether it is directly or whether they have caused this).

Question 25

What was held by the high court in relation to a “passive custodian” and their “intent to supply”.

Answer 25

A passive custodian is someone who has custody of an illegal drug to meet the needs of another, it means they have the necessary intent for supply and therefore can be prosecuted against accordingly.

Question 26

What are the ingredients for produce/manufacture controlled drugs - S6(1)(b) MODA 1975

Answer 26

Produce OR
Manufacture
Any controlled drug

Question 27

Define produce

Answer 27

To bring something in to being, or to bring something in to existence from its raw material or elements.

Question 28

Define Manufacture

Answer 28

The process of synthesis, combining components or processing raw material to create a new substance.

Question 29

What does the case law R v RUA state about produce and manufacture?

Answer 29

The words produce and manufacture broadly cover the creation of controlled drugs by some form of process which changes the original substances into a particular controlled drug.

Question 30

What does the caselaw R v Wildbore state in relation to a pasive custodian

Answer 30

A passive custodian who relinquishes custody of a drug to meet the needs of another has the necessary intent for supply.

Question 31

Define otherwise deals in

Answer 31

Means, dealing a drug by some other means other than by distributing, giving or selling it, administering it or offering to supply or administer it. For example to barter or exchange.

Question 32

What does the case law R v Emerali state?

Answer 32

The serious offence of possessing a narcotic does not extend to some minute and useless residue of the substance.

Question 33

In relation to the case law R v Emerali when must the quantity of drug found be proven to be that of a usable qualntity or not?

Answer 33

It is not necessary for the prosecution to prpve the fact unless the defendant puts the matter in issue.

Question 34

Can giving occur without an active transfer in relation to supplying a class a drug?

Answer 34

Yes, as a person who passively permits another to help themselves from a cache of drugs is considered a passive custodian.

Question 35

With regards to giving evidence of age of a young person what is the case law and what does it state?

Answer 35

R v Forrest and Forrest
The best evidence possible in the circumstances should be adducted by the prosecution in proof of the victims age.
(The best form is for the victim to give the evidence)

Question 36

What is the case law in relation to possession?

Answer 36

R v Cox

Question 37

In relation to possession what does R v Cox state?

Answer 37

Possession involves two elements.
The first, the physical element, is actual or potential physical custody or control.
The second, the mental element, is a combination of knowledge and intention. Knowledge that the substance is in their possession and and intention to have possession of it.