Produces or Manufatures a Controlled Drug Flashcards Preview

CIB 011 - Drug Offences > Produces or Manufatures a Controlled Drug > Flashcards

Flashcards in Produces or Manufatures a Controlled Drug Deck (11)
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1

Section and penalty

Section 6(1)(b) Misuse of Drugs Act 1975

Life/14/8 years imp

2

Ingredients

1) Produce
OR
Manufacture

2) Any Controlled Drug

3

Produce

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

4

Manufacture

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

5

R v Rua

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 substance into a controlled drug.

6

Complete

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

7

Must Prove Guilty Knowledge

This will involve proof that the defendant:

1) knew about the produce / manufacturing

and

2) knew the produce / manufacturing was a controlled drug

and

3) intended to cause the produce / manufacturing

8

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.

9

Useable Amount

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

10

Police v Emeralli

The serious offence of possessing a narcotic does not extend to some minute and useless residue of the substance.

11

Any Controlled Drug

Means any substance, preparation, mixture or article specified or described in schedule 1, schedule 2 or schedule 3 to the act and includes any controlled drug analogue.

Sec 2 Misuse Drugs Act 1975