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CIB Induction - Auckland 2017 > Produce or Manufacture any controlled drug > Flashcards

Flashcards in Produce or Manufacture any controlled drug Deck (11)
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1
Q

Produce or Manufacture any controlled drug

A

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

2
Q

Penalty

A

Life / 14 years / 8 years

3
Q

Elements

A
  1. Produce or Manufacture

2. Any controlled drug

4
Q

Produce

A

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

5
Q

Manufacture

A

process of synthesis, combining components or processing raw materials to create a new substance.

6
Q

R v Rua

A

The words produce or manufacture in s6 (1) (b) broadly cover the creation of controlled drugs by some form of process which changes the original substances into a particular controlled drug.

7
Q

Complete

A

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

8
Q

Must prove guilty knowledge

A
  1. knew about the produce/manufacturing
  2. knew the produce/manufacturing, substance was a controlled drug
  3. intended to cause the produce/manufacturing
9
Q

R v Strawbridge

A

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.

10
Q

R v Emerali

A

“the serious offence of … possessing a narcotic does not extend to some minute and useless residue of the substance”

11
Q

Controlled drug

A

Means any substance, preparation, mixture or article specified or described in Schedule 1, Schedule 2, or Schedule 3 of this Act and includes any controlled drug analogue.
Section 2, Misuse of Drugs Act 1975

Decks in CIB Induction - Auckland 2017 Class (65):