Controlled Drugs

Question 1

R v Strawbridge

Answer 1

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 no so.

Question 2

Police v Emerali

Answer 2

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

Question 3

R v Hancox (Importation)

Answer 3

“Importation” in the Misuse of Drugs context means the introduction or bringing in from abroad or causing to be brought in from abroad.

Question 4

Cameron v R

Answer 4

recklessness is established if:
(a) the defendant recognised there was a real possibility that
(i) his or her actions would bring about a the proscribed result;and/or
(ii) that the proscribed circumstances existed; and
(b) having regard to that risk those actions were unreasonable

Question 5

R v Rua

Answer 5

The words “produce” or “manufacture” in s 6(1)(a) broadly cover the creation of controlled drugs by some from of process which changes the original substances into a particular controlled drug.

Question 6

R v During

Answer 6

“An offer is an intimation by the person charged to another that he is ready on request to supply to that other, drugs of a kind prohibited by the statute”.

Question 7

R v Brown

Answer 7

“… the making of such an intimation, with the intention that it should be understood as genuine offer, is an offence”.

Question 8

R v Forrest and Forrest

Answer 8

“The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age”.