Produce or Manufacture any controlled drug

Question 1

Produce or Manufacture any controlled drug

Answer 1

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

Question 2

Penalty

Answer 2

Life / 14 years / 8 years

Question 3

Elements

Answer 3

1. Produce or Manufacture

2. Any controlled drug

Question 4

Produce

Answer 4

means to bring something into being, or to bring something into existence from its raw materials or elements.

Question 5

Manufacture

Answer 5

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 s6 (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

Complete

Answer 7

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

Question 8

Must prove guilty knowledge

Answer 8

1. knew about the produce/manufacturing
2. knew the produce/manufacturing, substance was a controlled drug
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 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

R v Emerali

Answer 10

“the serious offence of … possessing a narcotic does not extend to some minute and useless residue of the substance”

Question 11

Controlled drug

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.
Section 2, Misuse of Drugs Act 1975