Drugs

Question 1

Produce/manufacture any controlled drug

Answer 1

MODA1975, S6(1)(b)

Produce
OR
manufacture

Any controlled drug

Question 2

Define produce

R v Rua

Answer 2

To bring in to existence from its raw material or elements

R v Rua

The offence is complete when the prohibited substance is created regardless if it is in a usable form

Question 3

Define manufacture

R v Rua

Answer 3

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

R v Rua

The offence is complete when the prohibited substance is created regardless if it is in a usable form

Question 4

Define controlled drug

Answer 4

Substance, preparation, mixture or article in schedule 1,2,3 of MODA and includes any controlled drug analogue

Question 5

What is R v Emerali

Answer 5

The quantity of drug involved must be measurable and useable

Question 6

Define controlled drug analogue

Answer 6

Any substance that has a structure substantially similar to that of any controlled drug

Question 7

Supplying any class A or B controlled drug

Answer 7

MODA1975, S6(1)(c)

Supplies
OR
Administer
OR
Offers to supply or administer
OR
Otherwise deals

Class A or B controlled drug

To any person

Question 8

Define supplies

Answer 8

To provide something that is needed or desired

Distribute, give, sell

Question 9

Define administer

Answer 9

Introducing a drug directly into another persons system

Question 10

Define offers

R v During

Answer 10

An offer is an intimation by the person charged to another that he is ready on request to supply that other drugs of a kind prohibited by the statute

Question 11

What are the four points of R v Brown?

Answer 11

• 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 12

Supplying any class C controlled drug to person under 18 years

Answer 12

MODA1975, S6(1)(d)

Supplies
OR
Administer 
OR
Offer to supply or administer 

Any class C controlled drug

To any person under the age of 18

Question 13

Define person under 18

R v Forrest and Forrest

Answer 13

The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age

Question 14

Sell or offer to sell any class C drug to person of or over 18 years

Answer 14

MODA1975, S6(1)(e)

Sells
OR
Offer to sell

Any class C controlled drug

To any person over the age of 18

Question 15

Possession of controlled drugs for supply

Answer 15

MODA1975, S6(1)(f)

Has possession of

Any controlled drug

For the purposes set out in paragraphs (c) (d) or (e)

Question 16

Define possession

R v Cox

Answer 16

Two elements. Physical element of actual or potential custody or control. Mental element being knowledge and intention

Question 17

Conspiring to deal with controlled drugs

Answer 17

MODA1975, S6(2A)

Conspires

With any other person

To deal with any controlled drug

Question 18

Define a passive custodian

R v Wildbore

Answer 18

Relinquish custody of a drug to meet the needs of another is the necessary intent for supply