S6(1)(b) Produces or Manufactures, A controlled Drug Flashcards
Produces or Manufacture
Act / Section / Penalty
Misuse of Drugs Act 1975
S 6 (1) (b)
Category A - Life
Category B - 14
Any other - 8
Produces or Manufacture
List Elements
1) Produce OR Manufacture
2) Any Controlled Drug
Produces
Element 1, Card 1/3, S6(1)(b)
Produce - Bring something into existence from its raw materials.
e.g Cannabis to cannabis oil / home bake heroin
Manufactures
Element 1, Card 2/3, S6(1)(b)
Manufacture - Process of synthesis. Combining raw materials to create new substance.
e.g cooking meth
Produce or Manufacture
R v Rua ( x 2 )
Element 1, Card 3/3, S6(1)(b)
R v Rua – The words “produce” or “manufacture” broadly cover the creation of controlled drugs by some form of process which changes the original substances into a particular controlled drug.
R v Rua - offence is complete once the prohibited substance is created, whether or not it is in a useable form
Any Controlled Drug
Definition
Element 2, Card 1/4, S6(1)(b)
(SPAM + CDA) S2 MODA 1975
Any substance, preparation, mixture, or article specified or described in schedule 1, 2, 3 and includes any temporary class drug and any controlled drug analogue.
Any Controlled Drug
Guilty Knowledge - KKI
Element 2, Card 2/4, S6(1)(b)
KKI - Knew about offence, knew the substance was a controlled drug and intent to commit offence.
Any Controlled Drug
Guilty Knowledge - R v Strawbridge
Element 2, Card 3/4, S6(1)(b)
R v Strawbridge – Knowledge will be presumed if there is no evidence to the contrary.
Any Controlled Drug
Usable Quantity
Element 2, Card 4/4, S6(1)(b)
Police v Emerali – Possession doesn’t extend to some minute or useless residue.
“Usable quantity”.