Liability 6(1)(b)

Question 1

Produce or Manufacture any Controlled Drug

Section and Penalty

Answer 1

Section 6(1)(b) Misuse of Drugs Act 1975

Life Imp / 14 Years / 8 Years

Question 2

Produce or Manufacture any Controlled Drug

Ingredients

Answer 2

.1 Produce
OR
Manufacture

.2 Any controlled drug

Question 3

.1 Produce

Answer 3

Produce:
Means to bring something into being, or to bring something into existence from its raw materials or elements.

_____

The words “produce” or “manufacture” in s6(1)(b) broadly covers the creation of controlled drugs by some form of process which changes the original substances into a particular controlled drug.
R v Rua

_____

Complete:
The offence is complete once the prohibited substance is created, whether or not it is in a useable form.

_____

Must prove guilty knowledge that defendant:

• knew about the produce / manufacture, and
• knew the produced / manufactured substance was a controlled drug, and
• intended to cause the production / manufacturing.

_____

It is not necessary for the Crown to establish the knowledge of the accused. In the absence of evidence to the contrary, knowledge on her part will be presumed, but if there are some evidence that the accused honestly believed on reasonable grounds that her act was innocent, then she is entitled to be acquitted unless the jury is satisfied beyond reasonable doubt that this was not so.
R v Strawbridge

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Useable Amount
In any drug offence, the quantity of drug involved must be measurable and useable.

The serious offence of possessing a narcotic does not extend to some minute and useless residue of the substance.
Police v Emerali

Question 4

.1 Manufacture

Answer 4

Manufacture:
Is the process of synthesis; combining components or processing raw materials to create a new substance.

_____

The words “produce” or “manufacture” in s6(1)(b) broadly covers the creation of controlled drugs by some form of process which changes the original substances into a particular controlled drug.
R v Rua

_____

Complete:
The offence is complete once the prohibited substance is created, whether or not it is in a useable form.

_____

Must prove guilty knowledge that defendant:

• knew about the produce / manufacture, and
• knew the produced / manufactured substance was a controlled drug, and
• intended to cause the production / manufacturing.

_____

It is not necessary for the Crown to establish the knowledge of the accused. In the absence of evidence to the contrary, knowledge on her part will be presumed, but if there are some evidence that the accused honestly believed on reasonable grounds that her act was innocent, then she is entitled to be acquitted unless the jury is satisfied beyond reasonable doubt that this was not so.
R v Strawbridge

_____

Useable Amount
In any drug offence, the quantity of drug involved must be measurable and useable.

The serious offence of possessing a narcotic does not extend to some minute and useless residue of the substance.
Police v Emerali

Question 5

.2 Any controlled drug

Answer 5

Means any substance, preparation, mixture or article specified or described in schedule 1, 2 or 3 of this Act and includes any controlled drug analogue.
Sec. 2, Misuse of Drugs Act 1975