1. Identify the elements which form the basis of criminal liability, substantive offences and defences in England and Wales.
2. Apply knowledge and understanding of criminal liability to factual situations in order to solve problems.
3. Interpret and use relevant primary and secondary sources of Criminal Law including cases, primary and secondary legislation.
4 Communicate technical legal information and argument effectively and concisely, orally and in writing.
5. Construct legal arguments and convincingly apply legal reasoning in oral communication.
- Blank Slide
- In UK, under the Misuse of Drugs Act, 1971 section 5(2), three classes of controlled drugs have been covered. Based on the class, the punishment also varies. These three classes are Class A, Class B and Class C.
- The discussion covers three parties, i.e., Anna, Pedro and Dexter. This slide covers the acts done by the two parties, i.e., Anna and Pedro, who are husband and wife. They were the mastermind of production of Methamphetamine and involved Dexter in this plan.
- Dexter is a friend of Pedro. In comparison to the husband and wife, the gravity of his crime is severe. This is particularly because the cleaner died as a result of his blow, which was so forceful, that the cleaner hit his head after he fell down. He would also be made liable as he searched on the process of making Methamphetamine and was found with the goggles and face mask, along with the makeshift laboratory.
- This act puts prohibitions on some of the activities which revolve around controlled drugs, and this includes its possession, production and also the production with intent of supplying, without a proper license being held.
- Establishing that the chemicals found at the place of Anna and Pedro were indeed the ones used for making Methamphetamine, can be used as a defense strategy for the three individuals. It has to be proved that the drugs were controlled at the time the offence was committed.
- Due to the clarity on the matter that Dexter was searching for how to make Methamphetamine, along with the three chemicals being the requirement of making this controlled substance, the prosecution would easily be able to show that Dexter was trying to produce Methamphetamine. As the drug was being created in makeshift laboratory at the couple’s residence, even they can be made liable with ease.
- Under the Misuse of Drugs Act, 1971, there are different categories of offences. These include possession offences, supply offences, importation offences, production offences, occupier offences, opium related offences, supply of articles offences, inchoate offences, and offences.
- This section highlights the offences undertaken by Anna and Pedro under the Misuse of Drugs Act, 1971.
- This section highlights the offences undertaken by Dexter under the Misuse of Drugs Act, 1971.
- This section highlights the offences undertaken by Anna under the different legislations.
- This section highlights the offences undertaken by Pedro under the different legislations.
- This section highlights the offences undertaken by Dexter under the different legislations.
- Till now, the relevant sections which were applicable on the three parties had been highlighted. The discussion would now shift to how and why these sections would apply in the present instance at the three parties.
- The key here is to look into the facts of the case in a careful manner and to try to infer the details of it. The case study presents that Anna did some research and decided to set up a makeshift laboratory for producing Methamphetamine in her bathroom. This could mean that she searched on producing Methamphetamine or on how to set up a makeshift laboratory in her bathroom. For clarity purposes, it is assumed that she searched for both these matters.
- As a result of this, three offences were committed by Anna under the Misuse of Drugs Act, 1971. These were under section section 4(2)(b), section 8(1) and section 19 of this act.
- This section not only presents an allegation but also its possible defence. This is because the case study is silent on Anna actually producing any controlled drug or procuring it. However, the fact that she had the lab at her house, after she had researched on this, would make the defence weak.
- This section is a major defense for Anna’s case, as her liabilities for the breach of this section would not be applied. As Pedro was her husband when she conspired with him for producing the controlled substance, she would not be guilty. The fact is that the production of controlled substance had been undertaken so that Anna and Pedro could support their marriage expenses. So, this section would not make Anna liable.
- So, apart from the number of offences which Anna had committed, by going on this path, she also breached the provisions of the Serious Crime Act 2007. As a result of the number of contraventions undertaken by Anna, she would be made liable for all such offences. And the non-applicability of just one of the offences would not help much in the case of Anna.
- Here, the liabilities of Anna and Pedro are alike, due to their role played under pertaining to these sections. As a result of this, the contentions put forward for Anna would also be true in case of Pedro.
- Here, the liabilities of Anna and Pedro are alike, due to their role played under pertaining to these sections. As a result of this, the contentions put forward for Anna would also be true in case of Pedro.
- Here, the liabilities of Anna and Pedro are alike, due to their role played under pertaining to these sections. As a result of this, the contentions put forward for Anna would also be true in case of Pedro. This would also be true for the defence applicable on Anna, to be applicable on Pedro, especially as they are husband and wife.
- It is crucial to note here that the proof of Pedro being indulged in such act in Colombia is missing. Another vital piece of information which is missing is that Pedro was caught in Colombia. For sake of ease, it is assumed that there was evidence to show that Pedro had been indulged in such acts in Colombia also, and that he had never been caught there.
- This is very complicated situation for Dexter. His case is further weakened as there is nothing in the case study to that he had been asked by Anna or Pedro to start making the controlled drug. He had only been asked to get the materials. His starting of production of Methamphetamine on his own would make his offence worse, as he would not be able to rely on the defense that he was coerced into producing the controlled drug.
- The difference between the two subsections is that the former talks about the supply of article which may possibly be used in combination of other articles for creating controlled drugs, whilst the latter focuses on the article being only used to create the controlled drugs. Again, it is not clear here that other chemicals were required in the process of creating Methamphetamine or not. So, both the sections have been applied here.
- As Dexter was found alone at the home with the equipment and chemicals required to create Methamphetamine, the case of Dexter is further made worse. He even cannot use the defense that Anna or Pedro had asked him to start the production work on the controlled drug, as they were busy in another incident, which the police was reporting.
- The severity of crimes for Dexter is under the Criminal Attempts Act 1981. In his attempts to indulge in criminal activity, he caused the death of the person, along with being indulged in stealing of chemicals, and entered a section restricted for staff. He had even threatened the cleaner before he indulged in the scuffle with him.
- In the list of charges against Dexter, these two legislations would also be added. These are again similar to Pedro, but the reasons for this are different. Also, in comparison to Pedro and even Anna for that matter, the reasons for Dexter being made liable are more serious in nature.
- Apart from the breach of drug related legislations by UK, other offences under different criminal law legislation would also be applicable on him. The reason for this stems from the fact that his acts went beyond that of Anna and Pedro, where a person died.As the ambits of these laws are very wide, these have been discussed in a brief here.
- Till now, the offences against the three parties had been explained on the basis of different laws which applied on their cases. A brief of penalties or the criminal liability which would be applicable on the three, as a result of their actions, is now explained here. It is crucial to note here that these penalties have been given in a summary form. If the matter reaches the court, based on the scenario which is present, all three would get severe penalties, based on the mix of laws. Dexter would particularly be in a disadvantageous position due to the death of cleaner and the theft he indulged in. For him, the law would go beyond drug related legislations, to the other areas of law, which are more serious and carry higher punishments.
- With this, the discussion comes to an end.
