Produces or Manufatures a Controlled Drug

Question 1

Section and penalty

Answer 1

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

Life/14/8 years imp

Question 2

Ingredients

Answer 2

1) Produce
OR
Manufacture

2) Any Controlled Drug

Question 3

Produce

Answer 3

To produce means to bring something into being or to bring something into existence from its raw materials or elements

Question 4

Manufacture

Answer 4

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

Question 5

R v Rua

Answer 5

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.

Question 6

Complete

Answer 6

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

Question 7

Must Prove Guilty Knowledge

Answer 7

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

Question 8

R v Strawbridge

Answer 8

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 9

Useable Amount

Answer 9

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

Question 10

Police v Emeralli

Answer 10

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

Question 11

Any Controlled Drug

Answer 11

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

Question 12

Cannabis Preparations

Answer 12

Is produced by subjecting cannabis plant to some kind of processing that renders it unrecognizable as plant material.

Question 13

Ingredients

Answer 13

Produce or Manufacture

• Produce def
• Manufacture Def
• R v Rua
• offence complete
• Guilty knowledge
• R v Strawbridge
• Police v Emerali

Any Controlled drug
- controlled drug def