Produce/Manufacture Flashcards
Def of produce
Bring something into being, or to bring something into existence from its raw materials or elements
Eg potato that starts as a potato then is made into potato chips
Def of manufacture
Process of synthesis combining components or processing raw materials to create a new substance
Eg manufacturing meth from pseudoephedrine or manufacturing heroin from morphine
R V RUA
“Produce” or “manufacture” in 6(1) (b) broadly cover the creation of controlled drugs by some form of process which changes the original substances into a particular controlled drug
When is the offence of producing or manufacturing complete?
Once the prohibited substance is created, whether or not it is in a useable form
What would cannabis oil come under?
ALWAYS produced
Sec 29B- Cannabis Preparations
Produced by subjecting cannabis plant to some kind of processing that renders it unrecognisable as plant material
Eg producing cannabis oil or baking a cannabis cake
Sec 29B Special provisions where offence relating to cannabis preparations alleged
Sec 6 or 7
Following provisions apply:
A)Prosecution prove that the preparation to which the charge relates contains any tetrahydrocannabinols
B) preparation deemed to have been produced by subjecting cannabis plant material to some kind of processing unless its a form recognised as plant material
C) plant material means the whole or any part of thr leaf,flower, or stalk of any plant
D) if there is a dispute between prosecutor and defendant be determined by the jury by visual inspection unaided
Must prove guilty knowledge
Knew that the produce/manufacture
Knew the produce/manufacture substance was a controlled drug
Intended to cause the produce/manufacturing
Sec 29 mistake as to nature of controlled drug
It is not a defence that the defendant did not know the substance in question was the particular controlled drug alleged
Eg. Not a defence if defendant charged with supplying heroin if he believed it was cocaine
