Drug Dealing

Question 1

Produce/manufacture any controlled drug

Answer 1

s6(1)(b) MODA 1975

Produce
OR
manufacture

Any controlled drug

Question 2

What are the four points of R v Brown?

Answer 2

• Offers to supply a drug that he has on hand
• Offers to supply a drug that will be procured at some future date
• Offers to supply a drug that he mistakenly believes he can supply
• Offers to supply a drug deceitfully knowing he will not supply that drug

Question 3

Define controlled drug

Answer 3

Substance, preparation, mixture or article in schedule 1,2,3 of MODA and includes any controlled drug analogue

Question 4

Define controlled drug analogue

Answer 4

Any substance that has a structure substantially similar to that of any controlled drug

Question 5

Define “useable amount” and identify the relevant case law.

Answer 5

In any drug offence, the quantity of Drugs must be a measurable and usable amount.

P v Emerali
The serious offence of…possessing a narcotic does not extend to some minute and useless residue of the substance.

Question 6

Why are Drugs classified into three schedules under MODA 1975.

Answer 6

They are classified to the Risk they pose to individuals or society.
Schedule 1 - Very High Risk
Schedule 2 - High Risk
Schedule 3 - Moderate Risk

Question 7

Give one example of a controlled drug from each schedule.

Answer 7

Schedule 1 - Meth
Schedule 2 - Cannabis Oil
Schedule 3 - Cannabis Plant

Question 8

What must the Crown demonstrate in order to prove that the Defendant was in possession of a controlled Drug

Answer 8

(R v Cox)

Two elements.

Physical element of actual or potential custody or control.

Mental element being knowledge and intention

Question 9

When is the manufacturing or Production of a Controlled Drug complete.

Answer 9

(R v Rua)

The offence is complete when the prohibited substance is created regardless if it is in a usable form

Question 10

Define administer

Answer 10

Introducing a drug directly into another persons system

Question 11

Define supplies

Answer 11

To provide something that is needed or desired

Distribute, give, sell

Question 12

Define a passive custodian

Answer 12

Anyone who relinquishes custody of a drug to meet the needs of another, has the necessary intent for supply.
(R v Wildbore)

Question 13

What are the respective presumption amounts for Cocaine

Answer 13

0.5g

Question 14

What are the respective presumption amounts for Cannabis

Answer 14

28g or 100 cigarettes

Question 15

What are the respective presumption amounts for Lysergide (LSD)

Answer 15

2.5mg

Question 16

What are the respective presumption amounts for MDMA

Answer 16

5g or 100 Tablets

Question 17

What are the respective presumption amounts for Opium

Answer 17

0.5g

Question 18

What other types of evidence may help secure a conviction of “Possession of a presumptive amount of a Controlled Drug”

Answer 18

Admissions
Packaging
Scales
Tick List

Question 19

Supplying any class A or B controlled drug (Liabilities)

Answer 19

s6(1)(c) MODA 1975,

Supplies
OR
Administer
OR
Offers to supply or administer
OR
Otherwise deals

Class A or B controlled drug

To any person

Question 20

Define ‘manufacture’

Answer 20

Manufacturing is the process of synthesis, combining components or processing raw materials to create a new substance.

Question 21

Define ‘produces’

Answer 21

Producing means to bring something into being or to bring something into existence from its raw materials or elements.

Question 22

Re: produce or manufacture liability, what 3 things must you prove:

Answer 22

1. Offender knew he was producing/manufacturing.
2. Offender knew it was a controlled drug.
3. offender Intended to cause the producing/manufacturing.