Section 6(1)(b) and (1)(c) Flashcards
R v Rua
The words “produce” or “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
Define “produce”:
To produce means to bring something into being from its raw materials or elements.
Explain the term “compound”:
To compound means to create a whole by combining two or more elements.
By contrast the separating out of component parts may amount to production, such as separating cannabis resin from plant as this creates a new form.
Explain “manufacturing”:
Manufacturing is the process of synthesis; combining components or processing raw materials to create a new substance.
Examples: Manufacturing methamphetamine from pseudoephedrine, or manufacturing heroin from morphine.
When is the offence complete in regards to producing and manufacturing?
Once the prohibited substance is created, whether or not it is in a useable form.
Explain the term of “producing cannabis preparations”:
A cannabis preparation is produced by subjecting cannabis plant to some kind of processing that renders it unrecognisable as plant material - for example, producing cannabis oil or baking a cannabis cake.
Note: may upgrade from Class C to Class B
Definition of “supply”:
In the context of Section 6(1)(c):
“Supply” means “to furnish or provide something that is needed or desired”
In the context of Section 6(1)(c) it includes a broad range of activities to effect the transfer of controlled drugs from one person to another
What does supply include?
Supply includes distribute, give and sell
R v Maginnis
Supply involves more than the mere transfer of physical control..it includes enabling the recipient to apply the thing..to purposes for which he desires.
Explain the term “distribution” and when is distribution complete?
Distribution relates to the the supply of drugs to multiple people.
Distribution is complete when the defendant has done all that is necessary to accomplish
Explain the term “giving” and when is “giving” complete?
“Giving” involves handing over or transferring an item to another person.
The act of giving is complete when the recipient accepts possession, or where the drug is placed under the control of a willing recipient.
Explain when a “passive custodian” has intent to supply:
A passive custodian who relinquishes custody of a drug to meet the needs of another, has the necessary intent for supply.
When does a “sale” occur in regards to controlled drugs?
A sale occurs when a quantity or share in a drug is exchanged for some valuable consideration.
Although the consideration will commonly be money, anything of value will suffice
Explain ‘administering’ and give an example:
Administering is distinguished from supplying in that it involves introducing a drug directly into another person’s system.
Injecting a person with heroin
What 2 elements must the prosecution prove in terms of offering to supply or administer?
- The communicating of an offer to supply or administer a controlled drug (the actus reus)
- An intention that the other person believes the offer to be genuine (the mens rea)
R v During
An offer is an intimation by the person charged to another that he is ready on request to supply prohibited drugs
R v Brown
The defendant is guilty in the following instances:
(1) offers to supply a drug that he has on hand
(2) offers to supply a drug that will be procured at some future date
(3) offers to supply a drug that he mistakenly believes he can supply
(4) offers to supply a drug deceitfully, knowing he will not supply that drug
Explain the difference in liability between if someone offers to sell something believing its a drug or selling something knowing it’s not a drug but intending to rip them off
- Offers tablets believing they are those tablet (even if they aren’t) the reality of the matter is that it is the drug being offered. The representation that it is the drug is the whole point of the offer.
- When the defendant intends to “rip off” a person by offering something that is not really the drug, sentencing will be based on the equivalent dishonestly offence
Four propositions regarding an ‘offer to supply’:
- ‘Offer to supply’ is to be given it’s ordinary meaning
- There may be more than one person guilty of “offering to supply” in any transaction
- An agent may be guilty of ‘offering to supply’ his own principal.
- Includes an offer to arrange for someone else to hand over a drug to the person to be supplied.
How may an offer be conveyed?
Words, writing or gestures. Crown must prove that the defendant intended the other person to believe the offer.
What does ‘otherwise dealing’ mean?
Barter or exchange
What must the Crown prove in terms of “To any other person” and when is age relevant
The Prosecution must prove that the drugs were supplied to another person although it is not necessary to identify that person.
The age of the person is not relevant except under paragraphs (d) and (e) involving Class C controlled drugs.
