Drugs Questions Flashcards
What is the different between the drug schedules?
The risk of harm they pose to individuals and society
What must a person have when they are in possession of controlled drugs?
Guilty knowledge. A person who innocently possesses something they genuinely believed was not a controlled drug has a defence.
R v Strawbridge
Useable quantity definition
The quantity must be measurable and useable. Cannot be useless residue
R v Emerali
Definition of producing a controlled drug
To bring something into being from its raw materials or elements.
I.e, creating cannabis oil from cannabis plant
When is an offence complete, in relation to producing and manufacturing?
The offence is complete once the prohibited substance is created, whether or not it is in a useable form.
Definition of manufacturing
Combining components or processing raw materials to create a new substance
Ie, manufacturing meth
Definition of supply
The transfer of controlled drugs from one person to another.
Supply includes distributing, giving or selling
Definition of distribution
Relates to the supply of drugs to multiple people. Includes dividing drugs between equal owners
Definition of giving
Giving is complete when the recipient accepts possession.
Can include a passive custodian, who relinquishes custody of a drug to another person, ie leaves it somewhere for them to collect
Selling definition
A sale occurs when drugs are exchanged for a valuable consideration.
It will commonly be money, but anything of value will suffice.
Definition of administering
Introducing a drug directly into another person’s system.
Ie injecting someone with heroin
What two elements must the prosecution prove when offering to supply or administer drugs
Actus Reus - communicating of an offer to supply or administer
Mens rea - an intention that the other person believes the offer to be genuine
An offer can be conveyed in any manner, including words writing or gestures
What 4 ways can a defendant offer to supply a drug
Offers to supply A drug that he has on hand
A drug that will be procured at some future date
A drug that he mistakenly believes he can supply
A drug deceitfully, knowing that he will not supply the drug