Produce or Manufacture Any Controlled Drug Flashcards
Produce or Manufacture Any Controlled Drug - section and ingredients
Section 6(1)(b) MODA 1975 - Life Imp/14 yrs/8 yrs
- Produce or Manufacture
- Any controlled drug
What does produce mean
To produce means to bring something into being, or to bring something into existence from its raw materials or elements
What does manufacture mean
Manufacturing is the process of synthesis, combining components or processing raw materials to create new substance
R v Rua on “produce” and “manufacture”
The words produce and 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
When is the offence complete
The offence is complete once the prohibited substance is created whether or not it is in a useable form
What proof is required for “guilty knowledge”
Proof that the defendant:
- knew about the produce/manufacturing, AND
- knew the produce/manufacturing, substance was a controlled drug AND
- intended to cause the produce/manufacturing
R v Strawbridge on establishing the knowledge of the accused
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 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
In any drug offence the quantity of drug involved must be ……. and ……
measurable and useable
Police v Emerali on quantity
The serious offence of possessing a narcotic does not extend to some minute and useless residue of the substance
Controlled drug definition under section 2 of MODA 1975
Means substance, preparation, mixture or article specified or described in schedule 1, schedule2, or schedule 3 of MODA 1975 and includes any controlled drug analogue
