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-14years-8years

Question 3

Ingredients

Answer 3

1) Produce or Manufacture

2) Any controlled drug

Question 4

Produce

Answer 4

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” and “manufacture” in section 6(1)(b) broadly covers the creation of controlled drugs by some form of process which changes the original substances into a particular controlled drug.

Question 7

The offence is complete once…

Answer 7

the prohibited substance is created, whether or not it is in usable form.

Question 8

Must prove knowledge of guilt

Answer 8

• Knew about the produce/manufacturing, and
• Knew the produce/manufacturing, substance was a controlled drug, and
• intended to cause the produce, manufacturing

Question 9

Controlled drug

Answer 9

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

Question 10

R v Strawbridge

Answer 10

• It is not necessary for the Crown to establish knowledge on the part of the accused.
• In the absence to the contrary knowledge on her part will be presumed
• But if there is some evidence that the accused honestly believed on RG’s that her act was innocent
• Then she is entitled to be acquitted unless the jury is satisfied beyond RD that was not so.

Question 11

In any drug offence the quantity must be what?

Answer 11

Measurable

Question 12

Police v Emerali

Answer 12

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