DRUGS - Case Law

Question 1

R V STRAWBRIDGE - reasonable grounds

Answer 1

R V STRAWBRIDGE

If 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.

Question 2

R V EMERALI - quantity

Answer 2

R V EMERALI

In any drug offence the quantity of drug involved must be measurable and useable.

Question 3

R v RUA - ‘produce or manufacture’

Answer 3

R v RUA

The statute is not intended to create separate crimes of producing and manufacturing a controlled drug. Rather, we are inclined to the view that the use of the words ‘produce or manufacture’ are to be read as complementary and to broadly cover the process of the creation of controlled drugs.

Question 4

R v MAGINNIS - Supply

Answer 4

R v MAGINNIS

Supply involves more than a mere transfer of physical control, it includes enabling the recipient to apply the thing to purposes for which he desires.

Question 5

R v DURING - Intention

Answer 5

R v DURING

Intention is that the person will believe a real offer has been made.

Question 6

R v BROWN - Intent to supply

Answer 6

R v BROWN

have drug/intend to supply/offer to supply
dont have drug/intend to get/offer to supply
think have drug but dont/offer to supply
pretend to have drug/offer to supply