Liability - Section 6(1)(b) Flashcards
Section and penalty
Section 6(1)(b) Misuse of Drugs Act 1975
Life/14/8 years imp
Ingredients
1) Produce
OR
Manufacture
2) Any Controlled Drug
Produce
To produce means to bring something into being or to bring something into existence from its raw materials or elements
Manufacture
Manufacturing is the process of synthesis; combining components or processing raw materials to create a new substance.
R v Rua
The words “produce or manufacture” in section 6(1)(b) broadly cover the creation of controlled drugs by some form of process which changes the original substance into a controlled drug.
Complete
The offence is completed once the prohibited substance is created, whether or not it is in a useable form.
Must Prove Guilty Knowledge
This will involve proof that the defendant:
1) knew about the produce / manufacturing
and
2) knew the produce / manufacturing was a controlled drug
and
3) intended to cause the produce / manufacturing
R v Strawbridge
It is not necessary for the Crown to establish knowledge on the part of the accused. In the absence of evidence to the contrary knowledge on her part will be presumed, but if there is 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.
Useable Amount
In any drug offence, the quantity of drug involved must be measurable and useable.
Police v Emeralli
The serious offence of possessing a narcotic does not extend to some minute and useless residue of the substance.
Any Controlled Drug
Means any substance, preparation, mixture or article specified or described in schedule 1, schedule 2 or schedule 3 to the act and includes any controlled drug analogue.
Sec 2 Misuse Drugs Act 1975
