Drug dealing Flashcards
(31 cards)
Producing/manufacturing CD
Section and elements
s6(1)(b) MODA 75
Produce OR manufacture
Any controlled drug
Supply CD
Section and elements
s6(1)(c) MODA75
Supply or administer, or offer to supply or administer, or otherwise deal in
Any class A CD or class B CD
To any other person
Supply class C CD to person U18
Section and elements
S6(1)(d) MODA75
Supply or administer, or offer to supply or administer
Any class C controlled drug
To a person under 18 years of age
Sell class C CD to person 18+
Section and elements
s6(1)(e) MODA75
Sell, or offer to sell
Any class C CD
To a person of or over 18 years of age
Possess for supply
Section and elements
s6(1)(f) MODA75
Have in his possession
Any controlled drug
For any of the purposes set out in paragraph (c) (d) or (e) of s6(1) MODA75
Definition of controlled drug
s2(1)
Any substance, preparation, mixture or article specified or described in schedule 1, schedule 2, schedule 3 and includes any temporary class drug and any controlled drug analogue
Case law - guilty knowledge **
R v Strawbridge
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 not so.
(guilty knowledge will be presumed unless evidence to the contrary is given)
s29 - mistake as to nature of drug
Where, in any proceedings for an offence against any of the provisions of s6, it is necessary, if the defendant is to be convicted of the offence charged, for the prosecution to prove that some substance, preparation, mixture or article involved in the alleged offence was the controlled drug or precursor substance which the prosecution alleges it to have been, and it is proved that the substance, preparation, mixture or article was that controlled drug or precursor substance, the defendant shall not be acquitted of the offence charged by reason only of the fact that he did not know or may not have known that the substance, preparation, mixture or article in question was the particular controlled drug or precursor substance alleged
Case law - usable quantity **
Police v Emerali
The serious offence of possessing a narcotic does not extend to some minute and useless residue of the substance
(measurable, usable)
Definition of reckless
Consciously and deliberately taking an unjustified risk
Case law - reckless
Cameron v R
Recklessness is established if;
(a) the defendant recognised that there was a real possibility that
(i) his or her actions would bring about the proscribed result; and/or
(ii) that those proscribed circumstances existed; and
(b) having regard to that risk those actions were unreasonable
(The Cameron test)
Case law - produce/manufacture
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
Definition of produce
To bring something into being, or to bring something into existence from its raw materials or elements
e.g cannabis to cannabis oil
Definition of manufacturing
Manufacturing is the process of synthesis, combining components or processing raw materials to create a new substance
When is producing/manufacturing complete?
When the prohibited substance is created, whether or not it is in a useable form
Definition of supply
To furnish or provide something that is needed or desired
Supply includes distribute, give and sell
Definition of distribution
The supply of drugs to multiple people
Complete when the defendant has done all that is necessary to accomplish delivery of the drug to others
Definition of giving
To hand the substance over in order to enable the other person to use the drug for his or her own purposes
Complete when the recipient accepts possession or placed under control of willing recipient
Definition of sell
An exchange of goods in return for valuable consideration
Definition of administers
To direct and cause a drug to be taken into the system of another person
What must be proved with offering
- the communicating of an offer to supply or administer a controlled drug (Actus reus)
- an intention that the other person believes the offer to be genuine (mens rea)
Case law re offering (x2)
R v During
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
R v Brown
The making of such an intimation with the intention that it should be understood as a genuine offer, is an offence
Ways a CD can be supplied (R v Brown)
- 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
Case law - proof of age
R v Forrest and Forrest
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victim’s age
