S6(1)(b) Produces or Manufactures, A controlled Drug

Question 1

Produces or Manufacture
Act / Section / Penalty

Answer 1

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

Category A - Life
Category B - 14
Any other - 8

Question 2

Produces or Manufacture
List Elements

Answer 2

1) Produce OR Manufacture
2) Any Controlled Drug

Question 3

Produces
Element 1, Card 1/3, S6(1)(b)

Answer 3

Produce - Bring something into existence from its raw materials.

e.g Cannabis to cannabis oil / home bake heroin

Question 4

Manufactures
Element 1, Card 2/3, S6(1)(b)

Answer 4

Manufacture - Process of synthesis. Combining raw materials to create new substance.

e.g cooking meth

Question 5

Produce or Manufacture
R v Rua ( x 2 )
Element 1, Card 3/3, S6(1)(b)

Answer 5

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

Question 6

Any Controlled Drug
Definition
Element 2, Card 1/4, S6(1)(b)

Answer 6

(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.

Question 7

Any Controlled Drug
Guilty Knowledge - KKI
Element 2, Card 2/4, S6(1)(b)

Answer 7

KKI - Knew about offence, knew the substance was a controlled drug and intent to commit offence.

Question 8

Any Controlled Drug
Guilty Knowledge - R v Strawbridge
Element 2, Card 3/4, S6(1)(b)

Answer 8

R v Strawbridge – Knowledge will be presumed if there is no evidence to the contrary.

Question 9

Any Controlled Drug
Usable Quantity
Element 2, Card 4/4, S6(1)(b)

Answer 9

Police v Emerali – Possession doesn’t extend to some minute or useless residue.

“Usable quantity”.