Produce Or Manufacture Any Controlled Drug Flashcards
Section and Act
Section 6(1)(b) Misuse of Drugs Act 1975
Penalty
Life / 14 years / 8 Years imprisonment dependant on quantity and controlled drug.
Ingredients
1) Produce or Manufacture
2) Any Controlled Drug
Definition of ‘Produce” under the act
To produce means to bring something into being or to bring something into existence from its raw materials or elements
Definition of “Manufacture” under at the act
Manufacturing is the process of synthesis; combining components or processing raw materials to create a news substance.
Case law:
R v RUA
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.
Definition of “Complete” under the act
The offence is completed once the prohibited substance is created, whether or not it is in useable form.
Must prove Guilty Knowledge
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
Case law:
R v Strawbridge
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.
Useable amount
In any drug offence, the quantity of drug involved must be measurable and useable.
Case law:
Police v Emeralli
The serious offence of possessing a narcotic does not extend to some minute and useless residue of the substance.
Any controlled Drug
Means any substance, preparation, mixture or article specified or described in schedule 1, schedule 2 or schedule 3 to the act and includes any controlled drug analogue.
Sec 2 Misuse Drugs Act 1975
