Drug Dealing

Question 1

Offences involving drugs fall under what act ?

Answer 1

The Miuse Of Drugs Act 1975

Question 2

How many classes are there for controlled drugs under the MODA1975 ?

Answer 2

3

Question 3

List your common Class A controlled drugs :

Answer 3

Cocaine 
Heroin 
LSD (Lysergic Acid) 
Methamphetamine 
Magic Mushroom (Psilocybine)

Question 4

List common class B drugs ?

Answer 4

Amphetamine 
Cannabis preparations such as Cannabis Resin (Hashih) & Cannabis Oil 
MDMA (Ecstasy) 
Morphine 
Opium

Question 5

For a person to be guilty of an offendence relating to controlled drugs they must have

Answer 5

Guilty Knowledge

Question 6

Who needs to raise reasonable doubt for Guilty Knowledge ?

Answer 6

The Defendant

Question 7

What case law to consider for Guilty Knowledge ?

Answer 7

R v Strawbridge

Question 8

What was held in R v Strawbridge ?

Answer 8

Knowledge will be presumed if there is no evidence to the contrary.

The accused need to prove they acted innocently and had no knowledge to be acquitted.

Question 9

What do you consider for Guilty Knowledge ?

Answer 9

K K I

Knew about offence
Knew the substance was controlled
Intent to commit the offence

Question 10

Under S29 what isn’t a defence ?

Answer 10

The Defendant didn’t know the substances in question was the particular controlled drug alleged.

Question 11

What was held in R v Emerali ?

Answer 11

Possession doesn’t extent to some minute or useless residue

Question 12

List the offences under S6 of the MODA1975 ?

Answer 12

S6(1)(a) - Import OR export

(1)(b) - Produce or Manufacture

(1)(c) - Supply or Administer OR
Offer to supply or administer or otherwise deal in
- Class A or Class B

(1) (d) - Supply or Administer or Offer to Supply or Offer to administer
- Any Class C

(1) (e) - Sell or Offer to sell
(1) (f) - Have in his possession

Question 13

What are the elements for S6(1)(b) ?

Answer 13

• Produce
  OR
• Manufacture
• Any controlled drug

Question 14

What case law can you consider for elements producing or manufacturing and what was held ?

Answer 14

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.

NOTE
Offence is complete once the prohibited drug is created, whether or not it is useable form

Question 15

Outline the difference of produce and manufacturing ?

Answer 15

Produce means to 
Bring something into being 
Bring something into existences from its raw material or elements  
“Compound” 
E.G. Cannabis - Cannabis Oil 

Manufacturing means to
Process of synthesis. Combing raw material to create new substance.
E.G. Cooking Meth

Question 16

What are the elements are there for S6(1)(c) ?

Answer 16

Supplying any class A o B controlled drug
S6(1)(c)
MODA1975

Supply or Administer 
OR 
Offer to supply 
OR 
Offer to administer 
OR 
Other wise deal in

Any class A controlled drug 
OR 
Any class B controlled drug 

To any person

Question 17

Definition of supply and what case law can you consider ?

What was held in that case law

Answer 17

Supply includes distribute give and sell

R v Maginnis
More than transfers of physical control

R v Donald
Supply includes distribution of jointly owned property between co-owners

R v Knox
Person who is U/L in possession of a C/D which has been despised for safekeeping, had the intent to supply that drug to another if his intention is to return the drug to the person who deposited it with him

Question 18

Under S6(1)(c) what is the required amount of drugs that needs to be supply etc etc ….

Answer 18

No minimum requirement, a small quantity of any Class A and B controlled drugs will suffice

Question 19

What is the definition for
Distribution
Selling
Gives ?

Answer 19

Distribution - supply drugs to multiple people

Selling - An exchange of the goods in return for valuable consideration

Giving - hand the substances over in order to enable the other person to use the drug for his or her own purpose

Question 20

Giving is complete when …

Answer 20

Recipient accepts possession

OR

Where the drug is placed under the control of a willing recipient.

Question 21

Administer is ….

Answer 21

To direct or cause a drug to be taken into the system of another person

Question 22

Elements offer to supply or administer what 2 elements must prosecution prove ?

Answer 22

• Actus Reus
  Communication of an offer to supply or administer a controlled drug
• Mens Rea
  An Intention that the person that the other person believes the offer to be genuine

Question 23

What case law can be consider for Offers to Supply or Administer ?

What was held ?

Answer 23

R v During
Ready on request to supply drug

R v Brown
Offence of supply exits when offer is made with intention that it should be understood as genuine

• Drug that he has on hand
• Drug that will be produced at some future date
• Drug that he mistakenly believe he can supply
• Drug deceitfully knowing he will not supply that drug

Question 24

What are the elements for S6(1)(d) of the MODA1975 ?

Answer 24

Supply OR Administer OR offer to supply OR offer to Administer

Any Class C controlled drug

To any person U18 years old

Question 25

What case law can you consider for S6(1)(d) ?

Answer 25

SUPLLY R v Maginis - More than transfer of physical control OFFER TO SUPPLY R v During - Ready on request to supply drug R v Brown - Offence supply exist when offer is made with intention that it should be understood as genuine. ANY CLASS C CONTROLLED DRUG GK (KKI) R v Strawbridge Knowledge will be presumed if there is evidence to the contrary Police v Emerali Possession doesn’t extend to some minute or useless residue. TO ANY PERSON U18 YEARS R v Forest v Forest Best evidence possible in the circumstances should be adduced by the prosecution in proof of (victims) age

Question 26

What is the essential ingredient for S6(1)(d) ?

Answer 26

Age

Question 27

Title and Elements for S6(1)(e) ?

Answer 27

Sell / Offer to sell Class C controlled drug to person over 18 - Sell OR - Offer to sell - Any class C controlled drug - To any person of or over 18 years

Question 28

Elements and Title for 6(1)(f) ?

Answer 28

Possession of controlled drugs for supply Have in their Possession Any controlled drug For any purpose set out in: (C) - supply or administration of any Class A or B controlled drug (D) - supply of any Class C controlled drug to person under 18 (E) - sale of any Class C controlled drug to person of or over 18 years old

Question 29

What must you need to prove possession and what case law was held ?

Answer 29

R v Cox Needing two elements Physical - Custody / Control Mental - Knowledge / Intent

Question 30

To control something means

Answer 30

Exercise authoritative of dominating influence over it E.g A person does not have control over something that has been slipped into his pocket without his knowledge, although the has custody of it.

Question 31

Proving intent In drug cases ?

Answer 31

``` Admission Circumstances evidence - packaging scales - cash - tick list Statutory Presumption under 6(6) ```

Question 32

The controlled drugs are classified by the risk of poses to the individual and to society. List the class and the level of risk

Answer 32

Class A - Very High Risk Class B - High Risk Class C - Moderate

Question 33

Under cannabis plant, what is classed as part of the plant and what isnt ?

Answer 33

Any part of any plant of the Cannabis except a part from which all the resin has been extracted

Question 34

What was held in R v Donald ?

Answer 34

That supply includes the distribution of jointly owned property between it’s co-owners.

Question 35

Distribution is complete

Answer 35

When the Defendant has done all that is necessary to accomplish delivery of the drug to others.