Drugs - Definitions Flashcards
S2(1) MODA 1975
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.
Guilty Knowledge
The defendant must know that the substance was a controlled drug.
Mistake as to the nature of the controlled drug
It would not be a defence to a charge of supply if the defendant believe he was supplying something other than what was supplied.
Proving useable quantities
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.
Mens rea of importing
Prosecution must prove the defendant contributed to the importation of drugs or was reckless and the defendants guilty knowledge.
Willful blindness
Proving guilty knowledge - the defendant deliberately turned a blind eye to the facts will suffice.
Producing
Bring something into existence from its raw materials or elements e.g producing cannabis oil or resin from cannabis plant.
Manufacturing
Manufacturing is the process of combining substances to create a new substance e.g methamphetamine.
Offence is complete
The offence of manufacturing or producing is complete once the substance is created.
Cannabis preparations
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.
Supply
Distribute, give and sell.
Distributing
Distribution relates to the supply of drugs to multiple people.
Giving
Give the substance over in order to enable the other person to use the drug for his or her own purposes.
Selling
To sell involves the typical concept of sale - an exchange of the goods in return for money or value.
Administers
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.
Offering
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).
Otherwise deals
Dealing a drug by some other means other than distributing, giving, selling, administering or offering to supply.
Proof of age
The prosecution must prove the victims age at the time of the alleged offence.
Possession
Requires to elements-
Physical custody or control over the drugs.
The mental element requires knowledge and intention.
Presumption
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.
Schedule 5
Methamphetamine - 5grams
Cannabis plant - 28grams or 100+ cigarettes
Cannabis resin/oil - 5grams
Conspiracy
An agreement between two or more people to commit an offence.
