Produce Or Manufacture Any Controlled Drug

Question 1

Name the Act and Section of Produce or Manufacture Any Controlled Drug:

Answer 1

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

Question 2

Name the term of imprisonment for produce or Manufacture Any Controlled Drug:

Answer 2

Life Imp/ 14 Years/ 8 Years

Question 3

Name the two ingredients for produce or manufacture any controlled drug:

Answer 3

1. Produce or Manufacture

2. Any Controlled Drug

Question 4

Define Produce:

Answer 4

To “produce” means to bring something into being, or to bring something into existence from its raw materials elements.

Question 5

Define Manufacture:

Answer 5

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

Question 6

R v Rua

Answer 6

The words “produce” or “manufacture” in Sec 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.

Question 7

Define Complete:

Answer 7

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

Question 8

Must prove guilty knowledge:

This will involve proof that the defendant:

Answer 8

1. Knew about the produce/ manufacturing, and
2. Knew the produce/ manufacturing, substance was a controlled drug, and
3. Intended to cause the produce/ manufacturing

Question 9

R v Strawbridge

Answer 9

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 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

Police v Emerall

Answer 10

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

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

Question 11

Define Controlled Drug:

Section 2 Misuse of Drugs Act 1975

Answer 11

Means any substance, preparation, mixture or article specified or described in Schedule 1, Schedule 2, or Schedule 3 of this Act and includes any controlled drug Analogue.