DRUGS LIABILITIES

Question 1

DRUG DEALING
Section 6 (1) (b) MODA 1975

Answer 1

Section 6 (1) (a) MODA

1. Produce OR manufacture
   R V Rua - produce or manufacture cover the creation of controlled drugs by a form of process which changes the original substance into drugs

Produce - to bring something into being from its raw material or elements (i.e cannabis oil. From its original state)

Manufacture - combining components or processing raw materials to create a new substance (baking a cake)

2. Any controlled drug
   R V Strawbridge - guilty knowledge it was a controlled drug. (Knowledge)
   Police V Emerali - has to be more than a minute amount. Not residue. (Quantity)

Offence is complete once the substance is created.

Question 2

DRUG DEALING
Section 6(1) (c) MODA

Answer 2

Section 6(1)(c)

• Supply OR administer OR offer to supply OR offer to administer
  OR otherwise deal in

Supply - includes distribute, give and sell (pick one)
*Distribute - supply to multiple people
*Give - to hand the substance over
*Sell - An exchange of the goods in return for valuable consideration

Administer - involves introducing a drug directly into another persons system

Offering - two elements:
* The communicating of an offer (actus reus)
* belief the offer is genuine (mens rea) R V During and R V Brown

• Any Class A controlled drug OR Class B controlled drug
  Class A
• Cocaine
• Heroin
• LSD
• Meth
• Magic mushrooms

Class B
* Amphetamine
* Cannabis oil or resin
* MDMA
* Morphine
* Opium
* Fentanyl

R V Strawbridge - guilty knowledge it was a controlled drug.
Police V Emerali - has to be more than a minute amount. And of usable quantity.

• To any other person

Question 3

DRUG DEALING
Section 6 (1) (d)

Answer 3

Section 6 (1) (d)

• Supply OR administer OR
  Offer to supply OR offer to administer
• Any Class C controlled drug
  • Cannabis plant/seed
  • Codeine
  • BZP

R V Strawbridge - guilty knowledge it was a controlled drug.
Police V Emerali - has to be more than a minute amount. Not residue.

• To a person UNDER 18 years of age
  R V Forrest and Forrest evidence of proof of age to prosecution.

Question 4

DRUG DEALING
Section 6 (1) (e) MODA 1975

Answer 4

Section 6 (1) (e)

• Sell OR offer to sell
  Sell - an exchange of the goods in return for valuable consideration
  Offer - two elements:
  * communication of an offer
  * An intention that the person believes the offer to be genuine
• Any Class C controlled drug
  * Cannabis
  * BZP or codeine

R V Strawbridge - guilty knowledge it was a controlled drug. (Knowledge)
Police V Emerali - has to be more than a minute amount. Not residue. (Quantity)

• To a person OF or over 18 years of age

Question 5

DRUG DEALING
Section 6 (1) (f)

Answer 5

Section 6 (1) (f)

• Have in his possession
  R V COX possession involves two elements:
  * physical - Actual or potential custody or control of
  * mental - knowledge and intention
  Crown to prove:
  knowledge that the drug exists
  knowledge that it is a controlled drug
  Some degree of control over it
  An intention to possess it
• Any controlled drug
  Any substance, preparation, mixture, or article specified or described in schedule 1,2,3

R V Strawbridge - guilty knowledge it was a controlled drug.
Police V Emerali - has to be more than a minute amount. Not residue.

• For any of the purposes set out in paragraphs c,d,e (for the purpose of ‘supply’ ‘sell’ ‘administer’ etc)