Produce or Manufacture Any Controlled Drug 6(1)(b)

Question 0

What are the sides

Answer 0

Produce or manufacture

Any controlled drug

Question 1

What is the title and penalty.

Answer 1

Produce or manufacture any controlled drug
6(1)(b) misuse of drugs act 1975
Life/14/8

Question 2

Produce

Answer 2

To produce means to bring something into being, or to bring something into existence from its raw materials or elements.

Question 3

Manufacture

Answer 3

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

R v Rua

Question 4

R v Rua

Answer 4

The words produce or manufacture in section 6(1)(b) broadly cover the creation of controlled drugs by some form of process which changes the original substances into a particular control drug

Question 5

Complete

Answer 5

The offence is complete once the prohibited substance is created, whether or not it is in a usable form.

Question 6

Must prove guilty knowledge

Answer 6

This will involve proof the defendant:
– Knew about the produce/manufacturing and,
– knew the produce/manufacturing, substance was a controlled drug and, - intended to cause the produce/manufacturing

Question 7

R v strawbridge

Answer 7

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 a jury are satisfied beyond reasonable doubt this was not so

Question 8

R v Emerali

Answer 8

In Any drug offence the quantity of drug involved must be measureable and usable.
The serious offence of possessing a narcotic does not extend to some minute and useless residue of the substance

Question 9

Any controlled drug

Answer 9

Section 2, misuse of drugs act 1975.

Means any substance, preparation, mixture or article specified or described in schedule one, schedule two or schedule three of this act and includes any controlled drug analogue