Drugs

Question 1

Section 6 (1)(b) MODA 75

MODA 75

Answer 1

Section 6 (1)(b) MODA 75

• Produce OR manufacture
• Any controlled drug

Question 2

Define: Producing

Answer 2

To bring something into being, or to bring something into existence from its raw material or element

Question 3

Define: Manufacturing

Answer 3

Is 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 substances into a particular controlled drug.

Liquid meth - although not capable of being used in that state, was held to have been manufactured.

Question 5

Define: Controlled Drug

Answer 5

any substance, preparation, mixture, or article specified or described in Schedule 1, 2 or 3

Question 6

Police v Emerali

Answer 6

Possessing a controlled drug does not extend to some minute and useless residue of the substance

Question 7

R v Strawbridge

Answer 7

To be guilty of an offence relating to controlled drugs they must have guilty knowledge;

A person who innocently possess something they genuinely believe was not a controlled drug has a defence

Question 8

Section 6 (1)(c)

Answer 8

Section 6 (1)(c) MODA 75

• Supply OR Administer OR Offer to supply OR administer OR Otherwise deal in
• Any Class A / B controlled drug
• To any other person

Question 9

Define: Supply

Answer 9

To furnish or provide something that is needed or desired.

Supply includes distribute, give, and sell

Question 10

Define: Administers

Answer 10

Is to direct and cause a drug to be taken into the system of another person.

Question 11

Define: Offering

Answer 11

Communicating of an other to supply or administer a controlled drug.

An intention that the other person believes the offer to be genuine.

Question 12

Define: Controlled Drug

Answer 12

any substance, preparation, mixture, or article specified or described in Schedule 1, 2 or 3

Question 13

Class A Drugs

Answer 13

Very high risk of harm to individuals and society

• Coke, heroin, Meth, LSD

Question 14

Class B Drugs

Answer 14

High Risk of harm to individuals and society

• Opium, morphine, MDMA, Cannabis oil

Question 15

Police v Emerali

Answer 15

Possessing a controlled drug does not extend to some minute and useless residue of the substance

Question 16

R v Strawbridge

Answer 16

To be guilty of an offence relating to controlled drugs they must have guilty knowledge;

A person who innocently possess something they genuinely believe was not a controlled drug has a defence

Question 17

Section 6 (1)(d) MODA 75

Answer 17

• Supply OR administer OR OTS OR OTA
• Any class C controlled drug
• To a person under 18 years of age

Question 18

Define: Supply

Answer 18

To furnish or provide something that is needed or desired.

Supply includes distribute, give, and sell

Question 19

Define: Administers

Answer 19

Is to direct and cause a drug to be taken into the system of another person.

Question 20

Define: Offering

Answer 20

Communicating of an other to supply or administer a controlled drug.

An intention that the other person believes the offer to be genuine.

Question 21

Define: Controlled Drug

Answer 21

any substance, preparation, mixture, or article specified or described in Schedule 1, 2 or 3

Question 22

R v Forrest and Forrest

Answer 22

Proof of Age

• Best evidence possible in the circumstances should be adduced (present) by the prosecution in proof of the victims age.
• Birth certificate, school / medical records, passport

Question 23

Police v Emerali

Answer 23

Possessing a controlled drug does not extend to some minute and useless residue of the substance

Question 24

R v Strawbridge

Answer 24

To be guilty of an offence relating to controlled drugs they must have guilty knowledge;

A person who innocently possess something they genuinely believe was not a controlled drug has a defence

Question 25

R v Brown

Answer 25

The making of such intimation (message, with the intention that it should be understood as a genie offer, is an offence.

Question 26

R v During

Answer 26

A imitation (message) 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 27

Section 6 (1)(e) MODA 75

Answer 27

- Sell, or OTS - Any class C controlled drug - To a person of or over 18 years of age

Question 28

Class C Drugs

Answer 28

Moderate Risk of harm to individuals and society - Cannabis

Question 29

Section 6 (1)(f) MODA 75

Answer 29

- Have in his possession - Any controlled drug - For supply

Question 30

Possession in Drug Cases

Answer 30

- Knowledge that the drug exist - Knowledge that it is a controlled drug - Some degree of control over it - An intention to possess it

Question 31

Statutory Presumption

Answer 31

Specified amount are consider to have possession of those drugs for the purpose of supply

Question 32

4 x Offerings

Answer 32

- OTS a drug he has on hand - OTS a drug that will be procured at some future date - OTS a drug that he mistakenly believes he can supply - OTS a drug deceitfully, knowing that drug will not supply that drug.

Question 33

Has in his Possession

Answer 33

Proving Possession requires two seperate elements: R v Cox - Physical - Mental

Question 34

Define: Purpose

Answer 34

Purpose can be equated to aim or intention

Question 35

Proving Intent in Drug Cases

Answer 35

Admissions, circumstantial evidence, and statutory presumption

Question 36

Statutory Presumption Limits

Answer 36

- Heroin & Coke - 0.5 g - Meth, MDMA & Cannabis Oil - 5g - Cannabis plant - 28g or 100 ninnies