Produce or Manufacture Any Controlled Drug

Question 1

Section

Answer 1

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

Question 2

Penalty

Answer 2

Life, 14 years, 8 years imrpisonments

Question 3

Ingredients

Answer 3

1) Produce or Manufacture

2) Any Controlled Drug

Question 4

Produce

Answer 4

To produce means to bring something into being or to bring something into existence from its raw materials or elements

Question 5

Manufacture

Answer 5

Manufacturing is the process of synthesis; combining components or processing raw materials to create a news substance.

Question 6

R v RUA

Answer 6

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.

Question 7

Complete

Answer 7

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

Question 8

Must Prove Guilty Knowledge

Answer 8

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

Question 9

R v Strawbridge

Answer 9

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.

Question 10

Useable Amount

Answer 10

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

Question 11

Police v Emeralli

Answer 11

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

Question 12

Any Controlled Drug

Answer 12

Means any substance, preparation, mixture or article specified or described in schedule 1, schedule 2 or schedule 3 to the the act and includes any controlled drug analogue.

Sec 2 Misuse Drugs Act 1975