Drugs - Definitions

Question 1

S2(1) MODA 1975

Answer 1

Class A- Schedule 1- very high risk of harm.
Class B- Schedule 2- high risk of harm.
Class C- Schedule 3- moderate risk of harm.

Question 2

Guilty Knowledge

Answer 2

The defendant must know that the substance was a controlled drug.

Question 3

Mistake as to the nature of the controlled drug

Answer 3

It would not be a defence to a charge of supply if the defendant believe he was supplying something other than what was supplied.

Question 4

Proving useable quantities

Answer 4

The controlled drug must be a useable quantity but it is not necessary for the prosecution to prove that fact unless the defendant puts the matter in issue.

Question 5

Mens rea of importing

Answer 5

Prosecution must prove the defendant contributed to the importation of drugs or was reckless and the defendants guilty knowledge.

Question 6

Willful blindness

Answer 6

Proving guilty knowledge - the defendant deliberately turned a blind eye to the facts will suffice.

Question 7

Producing

Answer 7

Bring something into existence from its raw materials or elements e.g producing cannabis oil or resin from cannabis plant.

Question 8

Manufacturing

Answer 8

Manufacturing is the process of combining substances to create a new substance e.g methamphetamine.

Question 9

Offence is complete

Answer 9

The offence of manufacturing or producing is complete once the substance is created.

Question 10

Cannabis preparations

Answer 10

Cannabis preparation is produced by subjecting cannabis plant to some kind of process so it unrecognizable as plant material e.g producing cannabis oil or baking a cannabis cake.

Question 11

Supply

Answer 11

Distribute, give and sell.

Question 12

Distributing

Answer 12

Distribution relates to the supply of drugs to multiple people.

Question 13

Giving

Answer 13

Give the substance over in order to enable the other person to use the drug for his or her own purposes.

Question 14

Selling

Answer 14

To sell involves the typical concept of sale - an exchange of the goods in return for money or value.

Question 15

Administers

Answer 15

To direct or cause a drug to be taken into the system of another person e.g date rape or injecting another person with heroin.

Question 16

Offering

Answer 16

Must prove two elements:
-Communicating of an offer to supply or administer a controlled drug (actus reus).
-Intention that other person believes the offer to be genuine (mens rea).

Question 17

Otherwise deals

Answer 17

Dealing a drug by some other means other than distributing, giving, selling, administering or offering to supply.

Question 18

Proof of age

Answer 18

The prosecution must prove the victims age at the time of the alleged offence.

Question 19

Possession

Answer 19

Requires to elements-
Physical custody or control over the drugs.
The mental element requires knowledge and intention.

Question 20

Presumption

Answer 20

A person is found to have a quantity of a controlled drug the court is entitled to presume that the drug was possessed for sale or supply.
The onus of rebutting that presumption lies in the defendant to the standard of the balance of probabilities.

Question 21

Schedule 5

Answer 21

Methamphetamine - 5grams
Cannabis plant - 28grams or 100+ cigarettes
Cannabis resin/oil - 5grams

Question 22

Conspiracy

Answer 22

An agreement between two or more people to commit an offence.