Drug Manufacture

Question 1

Sec 6(1)(b) MODA75

Answer 1

Produce

Or

Manufacture

Any controlled drug

Question 2

Produce

Answer 2

To bring something into existence

from its raw material.

Changing the nature of the original substance

Question 3

Manufacture

Answer 3

The process of synthesis

combining components 
or
processing raw materials
to
create a new substance

Question 4

R v Rua

Answer 4

“The words produce manufacture

broadly cover the creation of controlled drugs
by
some form of process
which
changes the original substance into a particular controlled drug”

Held: it does not create 2 seperate and distinct offences- the words producing and manufacturing are to be read as complimentary terms.

Question 5

Proving Posession

Answer 5

Knowledge that the drug exists

Knowledge that it is a controlled drug

Some degree of control over it

An intention to possess it

Question 6

R v Cox

Answer 6

Possession involves 2 elements:

The first, the physical element is actual or potential physical custody or control.

The second the mental element is a combination of knowledge and intention: knowledge in the sense of an awareness by the accused that the substance is in his possession; and an intention to exercise possession.

Question 7

Proving intent (drugs cases)

Answer 7

R v Collister

1. Actions words before/during/after
2. Surrounding circumstances
3. Nature of act itself

PLUS
Admissions
Circumstantial evidence (packaging,cash,scales,tick list etc)
The statutory presumtion

Question 8

Sec 6(6)

Answer 8

Statutory presumptive amounts
Schedule 5 MODA 75

Heroin 0.5g
Cocain 0.5g
LSD 2.5g
Meth 5g
MDMA 5g
Cannabis oil 5g
Cannabis plant 28g / 100 cigarettes
Not listed 56g

Question 9

When is offence complete?

Answer 9

R v Rua

The offence is complete once the prohibited substance is created, whether or not it is in a usable form