What does R v Emerali establish?
Possessing a narcotic does not extend to a minute or useless residue of the substance
What does R v Strawbridge establish?
Knowledge is assumed, it is up to the Defendant to produce evidence proving otherwise
What is is the section and charge wording for Manufaturing or producing drugs?
Section 6(1)(b) MODA75
1. Produces or manufactures
2. Any controlled drug.
What is the section and charge wording for Supply (Class A or B)
Section 6(1)(c) MODA75
1. Supply OR administer OR offer to supply OR administer OR otherwise deal in.
2. Any Class A controlled drug OR Class B controlled drug.
3. To any person.
What is the section and charge wording for Supplying Class C to an under 18?
Section 6(1)(d) MODA75
1. Supplies or administers or offers to supply or offers to administer.
2. Any Class C controlled drug.
3. To a person under the age of 18.
What is the section and charge wording for Selling Class C drug to over 18s?
Section 6(1)(e) MODA75
1. Sells or offers to sell.
2. Any Class C controlled drug.
3. To any person over 18.
What is the section and charge wording for Possession of controlled drug for supply?
Section 6(1)(f) MODA75
1. Have in his possession.
2. Any controlled drug.
3. For any purposes set out in paragraphs (c),(d), or (e) of s6(1) MODA75.
What is the acronym SPAM and what does it mean
Items that constitute a Controlled drug - Substance, Preparation, Article, Mixture specified or described in Schedule 1, Schedule 2 or Schedule 3.
What is a Controlled Drug Analogue (CDA)?
Any substance that’s chemically similar to a controlled drug with a similar effect.
What are examples of Class A/ Schedule 1 controlled drugs?
- cocaine
- heroine
- LSD
- Meth
- magic mushrooms
What are examples of Class B/ Schedule 2 drugs?
Amphetamine
Cannabis oil
MDMA
Morphine
Opium
Fentanyl
What are examples of Class C/schedule 3 drugs?
Cannabis
Controlled drug analogues
What does R v Hancox establish?
Importation is the bringing in of drugs from abroad or causing them to be brought in.
Importation only ends once the drugs reach their intended destination.
What does Sandton v Police establish?
To import includes to introduce from or abroad or to be brought in from a foreign country
What is established for “Guilty Knowledge”
KKI
Knew about the offence.
Knew the substance was a controlled substance
Intended to commit the offence.
What does R v Rua establish?
The words “produce” and “manufacture” broadly cover the creation of controlled drugs by some form or process which changes original substances in to a controlled drug.
The offence is complete when the prohibited substance is created regardless if it is useable
What does R v Maginnis establish?
Supplying a drug must also result in the receiver being able to use the drug for their own purposes.
What does R v Donald establish?
Supplying drugs can be done to co-owners of the substance.
What does R v Wildbore establish?
Passive custodians of drugs that allow others access are suppliers.
What does R v During establish?
An offer is an intimation by the person charged to another person that they are ready on request to supply drugs.
What does R v Brown establish?
Making an offer to sell drugs with the intent that is is perceived as genuine is an offence.
What ways can an offer to supply drugs be made? (R v Brown)
Offer to supply drugs on Hand
Offer to supply drugs that will be procured later
Offer to supply drugs that are mistakenly believed to be suppliable
Offer to supply knowing that they will not actually supply.
What does R v Forrest and Forrest establish?
Age must be adduced with the best evidence possible in the circumstances
What does R v Cox establish?
Possession has two elements:
Physical - having an item or control over it
Mental - knowing they have the item and the intent to use it
