Produce/Manufacture 6(1)(b)

Question 1

Produce/Manufacture 6(1)(b)

Liabilities

Answer 1

Produce or Manufacture
- def Produce
- def manufacture
- R v Rua

Any Controlled Drug
- def Controlled Drug
- def Analogue
- schedule/class

Question 2

Produce definition

Answer 2

To produce is to create or bring something into existence, from its raw materials or elements.

Question 3

Manufacture definition.

Answer 3

A process of synthesis, combining components or processing raw materials to make a new substance.

Question 4

Bail

Answer 4

Only a high court judge can grant bail to a person charged with manufacturing meth (class a).

Question 5

R v Rua

Answer 5

Produce / Manufacture

“produce” or “manufacture” in 6(1)(b) covers any process which transforms the original substances into a controlled drug.

Note - The offence is complete once the prohibited substance is created, whether or not it is an unusable form.

Question 6

Controlled drug

Analogue

Definitions

Answer 6

• any drug included in Schedules 1,2, or 3 of the MODA 1975, or any controlled drug analogue.
• any drug significantly similar in structure to a controlled drug

Question 7

Complete

Answer 7

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

Question 8

Useable amount
Def
+
Case law

Answer 8

Def: the amount of the drug must be useable and measure-able.

Police v Emerali: For possession of controlled drugs, the amount must be more than some minute, useless quantity of the drug.

Question 10

Difference between produce and manufacture

Answer 10

Produce - changing the nature of the original substances

Manufacture - creating the a different substance from the original materials