Drugs Case Law

Question 1

Guilty knowledge case law

Answer 1

R v Strawbridge, it is not necessary for the crown to establish knowledge on the part of the accused. It will be presumed that they are aware the act they committed is illegal

Question 2

Useable quantity case law

Answer 2

Police v Emerali, possessing a narcotic does not extend to some minute and useless residue of the substance. Basically has to be a useable quantity.

Question 3

Produce and manufacturing case law

Answer 3

R v Rua, produce and manufacture cover creation of drugs. Process which changes the original substances into a particular controlled drug.

Question 4

Offering drugs, two case laws

Answer 4

R v During, an intimation by the person charged to another that he is ready to supply them with drugs

R v Brown, making an intimation with the intention that it should be understood as a genuine offer

Question 5

Case law relating to age

Answer 5

R v Forrest and Forrest, prosecution has to prove victims age.

Question 6

Possession case law

Answer 6

R v Cox, physical and mental elements, requires both to have possession. Actual or potential control, and knowledge that it is there