Analysis of Criminal Acts and Sentencing

The given assignment involves analyzing the actions of three individuals, Anna, Pedro, and Dexter, who are involved in various criminal activities such as producing Methamphetamine, stealing chemicals from a school, assaulting a cleaner, and causing his death through manslaughter. The document applies different sections of laws like the Misuse of Drugs Act 1971, Criminal Attempts Act 1981, Serious Crimes Act 2007, Theft Act 1968, and Powers of Criminal Courts (Sentencing) Act 2000 to determine their liability and potential sentencing. The maximum life imprisonment is considered as a possible outcome due to the severity of their actions.

Find Law, ‘What Is a Controlled Substance?’ (2018) <http://criminal.findlaw.com/criminal-ch
arges/what-is-a-controlled-substance.html> accessed 12 March 2018
Introduction
• A controlled substance refers to unlawful drug which can
result in a detrimental effect being caused on the health
and welfare of an individual.
• Owing to these reasons, the government regulates such
substances.
• Any individual, who is found in possession of controlled
substance, can be fined and sentenced, under the law.
• Severity of punishment depends on the Class of controlled
drug.

Parties: Husband and Wife
•Planning to produce Methamphetamine
•Decides to set up makeshift laboratory
in their bathroom
Anna
•Same plans as Anna
•Contacts Dexter to source and supply
chemicals required to produce
Methamphetamine
Pedro

Parties: Dexter
• Procures three chemicals for supplying to Pedro for
producing Methamphetamine
• First substance (Chemical A): Easily available, as left out by teacher
for conducting lessons for that day.
• Second substance (Chemical B): Procured from restricted place.
Access only for Staff and not for students.
• Third substance (Chemical C): Procured by force.
• Punches cleaner, who dies after falling on floor due to the
impact of blow.

Leslie A King, The Misuse of Drugs Act: A Guide for Forensic Scientists (Royal Society of C
hemistry 2007)
Laws surrounding Controlled substance
• Misuse of Drugs Act, 1971: Drugs are categorized as
controlled drugs where they are covered under Schedule 2
of this act.
• Each drug is controlled based on its chemical or proprietary
name, and not its brand name.
Class Part under Schedule 2
Class A Part I
Class B Part II
Class C Part III

Proving that drug is controlled
• In order for a claim to be brought against Anna, Pedro and
Dexter, there is a need to prove that the chemicals which
were found at the home, while the police was at Anna and
Pedro’s home, were the ones required to produce
Methamphetamine.
• Using this point as a defense is not likely to succeed.
• Reason for this is that production of Methamphetamine has
clear set requirements.

Proving that drug is controlled
• Section 7(1)(a) of the Misuse of Drugs Act, 1971 puts the
burden on the prosecution to show that the drug falls out of
exception.
• Thus, Anna, Pedro and Dexter do not have to prove that
drug is controlled.
• It is for prosecution to prove this.
• However, in this regard, prosecution could bring in forensic
analyst.
• The three chemicals in possession of Dexter could be in
turn used as forensic evidence against the three.

Offences
• In the present instance, no sale of controlled substance had
taken place.
• There was also a lack of possession of controlled substance
in the jurisdiction of the Misuse of Drugs Act, 1971.
• The scenario revolved around the production and occupier
offences for the three parties.
• Each party had certain different category of offence
applicable on them.

Offences: Anna and Pedro
• Here, the relevant offences for the parties are
Parties Offence Sections
Anna • Being concerned in production
• Permitted premises to be used
for producing
• Section 4(2)(b)
• Section 8(a)
Pedro • Being concerned in production
• Permitted premises to be used
for producing
• Section 4(2)(b)
• Section 8(a)

Offences: Dexter
• Here, the relevant offences for the parties are
Parties Offence Sections
Dexter • Production of controlled drug
• Being concerned in production
• For administering controlled drugs
• For preparing the controlled drugs
for administration
• Section 4(2)(a)
• Section 4(2)(b)
• Section 9A(1)
• Section 9A(3)

Offences
• Here, the relevant offences for the parties are
Parties Offence Law
Anna • Incitement of previously
mentioned offences
• Attempting to commit drugs
offence
• Conspiracy to commit a drugs
offence
• Encouraging or assisting in the
commission of an offence
• Section 19 Misuse of Drugs
Act, 1971
• Criminal Attempts Act 1981
• Criminal Law Act 1977
• Part 2 Serious Crimes Act
2007.

Offences
• Here, the relevant offences for the parties are
Parties Offence Law
Pedro • Incitement of previously
mentioned offences
• Participating in an offence out of
UK, which corresponds with an
offence under the Act
• Attempting to commit drugs
offence
• Conspiracy to commit a drugs
offence
• Encouraging or assisting in the
commission of an offence
• Section 19 Misuse of Drugs
Act, 1971
• Section 20 Misuse of Drugs
Act, 1971
• Criminal Attempts Act 1981
• Criminal Law Act 1977
• Part 2 Serious Crimes Act
2007.

Offences
• Here, the relevant offences for the parties are
Parties Offence Law
Dexter • Incitement of previously
mentioned offences
• Attempting to commit drugs
offence
• Conspiracy to commit a drugs
offence
• Encouraging or assisting in the
commission of an offence
• Section 19 Misuse of Drugs
Act, 1971
• Criminal Attempts Act 1981
• Criminal Law Act 1977
• Part 2 Serious Crimes Act
2007.

Application: Anna
• Section 4(2)(b) of the Misuse of Drugs Act, 1971
presents that any individual who is indulged in production
of controlled drug, would be deemed to have committed an
offence.
• Here, Anna was the mastermind behind the production of
Methamphetamine.
• Her house was being used as the production factory for this
• She searched on internet for producing own drug.
• She decided to set up a makeshift laboratory.
• So, it can be stated that an offence was committed here.

Application: Anna
• Section 8(a) of the Misuse of Drugs Act, 1971 presents that
an individual would be deemed to have committed an
offence, where they are owner of the premises, and
knowingly allows for the controlled drug to be produced or
attempted to be produced at their premises.
• It is very clear here that Anna decided to set up a makeshift
laboratory at her premises.
• She did so knowingly and even took the help of internet in this.
• She was also aware that Methamphetamine was a controlled drug.
• Again, it can be stated that an offence was committed
here.

Application: Anna
• Section 19 of the Misuse of Drugs Act, 1971 presents that
where an individual attempts to commit any offence under
the different provisions of this act, or incites another to
commit such offence, it would be deemed as an offence
under this act
• Here, Anna incited Pedro to get in the production of
Methamphetamine with her.
• She attempted to commit an offence under this act by getting in the
production of Methamphetamine.
• She even converted her bathroom for this purpose, in a lab where
Methamphetamine could be produced.

Application: Anna
• Under the Criminal Attempts Act 1981, section 1, it is provided that
where an individual is indulged in such acts, which are more then just
preparation of commissioning of offence, they are guilty of committing
such offence.
• Anna did indulge in the acts of producing the controlled drug.
• She shared her plan with her partner, who in turn asked Dexter to procure the
chemicals required to produced the controlled drug.
• She even created the lab, which shows that this section was breached.
• One can claim that she was just preparing for commissioning of offence.
• However, being the mastermind of the plan, and the owner of premises
where this offence was being committed, would cancel out the
aforementioned defense.

Application: Anna
• Under the Criminal Law Act, 1977 section 1, an individual
commits an offence, when they agree with another person
that the acts undertaken by them would involve an offence
being undertaken; and even with such knowledge, indulge
in such acts.
• However, section 2 would help a person in being exempted
from liability for conspiracy, where the other person is their
spouse.
• Here, even though section 1 would make Anna liable, as she
conspired with Pedro, it would not be able to hold her guilty as
Pedro was her spouse.

Application: Anna
• Under section 44, covered under part 2, of the Serious
Crime Act 2007,an individual commits an offence where
they carry out an act where they assist or encourage the
commissioning of an offence, or do intend to assist or
encourage its commission.
• In the present instance, Anna would be deemed to have committed
an offence as she not only encouraged Pedro in being indulged in
producing the controlled substance, but also assisted in doing the
same.

Application: Pedro
• Section 4(2)(b) of the Misuse of Drugs Act, 1971
• Here, Pedro, along with Anna, were the masterminds behind the
production of Methamphetamine.
• Their house was being used as the production factory for this
• They had searched on internet for producing own drug.
• They had decided to set up a makeshift laboratory.
• Section 8(a) of the Misuse of Drugs Act, 1971
• Anna and Pedro had decided to set up a makeshift laboratory at their
premises.
• They did so knowingly and even took the help of internet in this.
• They were also aware that Methamphetamine was a controlled drug.

Application: Pedro
• Section 19 of the Misuse of Drugs Act, 1971
• Here, Pedro incited Dexter to get in the supply of Methamphetamine with
her.
• He attempted to commit an offence under this act by getting in the
production of Methamphetamine.
• He even converted their bathroom for this purpose, in a lab where
Methamphetamine could be produced.
• Criminal Attempts Act 1981
• Pedro indulged in the acts of producing the controlled drug.
• He made this plan with his partner and later on asked Dexter to procure the
chemicals required to produced the controlled drug.
• They even created the lab, which shows that this section was breached.

Application: Pedro
• Criminal Law Act, 1977
• Here, even though section 1 would make Pedro liable, as he
conspired with Anna, it would not be able to hold him guilty as Anna
was his spouse.
• Though, he would be liable for conspiring with Dexter.
• Serious Crime Act 2007
• In the present instance, Pedro would be deemed to have committed
an offence as he not only encouraged Anna in being indulged in
producing the controlled substance, but also assisted in doing the
same.
• He also had a history of selling the controlled substance, which
gave Anna the confidence of being indulged in this activity to earn
money.

Application: Pedro
• Section 20 of the Misuse of Drugs Act, 1971 presents that
an individual would commit an offence in UK, where such
an offence was out of UK and there it was punishable, and
the individual had assisted or induced in such act.
• In Colombia, the production, sale and distribution of
Methamphetamine is banned.
• So, an offence would be committed by Pedro here as he committed
an offence in UK and Colombia both.
• Both these jurisdictions consider the production and selling of
Methamphetamine as offence.

Application: Dexter
• Section 4(1)(a) of the Misuse of Drugs Act, 1971 presents
that an individual would be deemed to have contravened
the law, when they produce a controlled drug. Section 4(2)
(a) of this act makes the production of controlled drug in
violation of subsection (1) of this section as an offence.
• In the present instance, Dexter was only meant to procure the
chemicals which were required to produce Methamphetamine.
• However, he went ahead and started producing Methamphetamine
in the makeshift lab located at Anna and Pedro’s home.

Application: Dexter
• Section 9A(1) of the Misuse of Drugs Act, 1971 presents that
any individual who supplies or even offers to supply any
article, which can be used with other articles in administration
of controlled drug to self or another, would be deemed as an
offence.
• Subsection 3 of this section presents that an individual who
supplies any article which can be used to prepare controlled
drugs would be deemed to have committed an offence.
• In this case, not only did Dexter supplied the chemicals required to
prepare Methamphetamine, he did so when he knew that Anna and
Pedro would be using these chemicals to produce Methamphetamine.

Application: Dexter
• Section 4(2)(b) of the Misuse of Drugs Act, 1971
• Here, Dexter had only been asked to get the supplies required to
produce the controlled drug.
• Yet he initiated with production of the controlled drug when Anna
and Pedro were not home.
• He had searched on internet for “How to Make Your Own
Methamphetamine”.
• He even wore the equipments which an individual wears while
making Methamphetamine.
• He was found at the home alone when the officers found the
chemicals required for making Methamphetamine.

Application: Dexter
• Section 19 of the Misuse of Drugs Act, 1971
• Here, Dexter attempted to commit an offence under this act by getting
in the production of Methamphetamine.
• He even got the necessary supplies for doing so.
• Criminal Attempts Act 1981
• Again, Dexter was only told to get the supplies; he went beyond his
part in this scheme and starting preparation of controlled drug.
• He broke law where he stole the chemicals from the school.
• He even entered the area which was restricted.
• To make the matters worse, he indulged in assault, which resulted in
the cleaner’s death.

Application: Dexter
• Criminal Law Act, 1977
• Here, Dexter would be liable for conspiring with Pedro, as he knew
they were getting involved in a criminal activity.
• Serious Crime Act 2007
• In the present instance, Dexter would be deemed to have
committed an offence as he not only got the supplies required for
producing the controlled substance, but initiated the process of it.

Nicola Monaghan, Criminal Law (4th edn, Oxford University Press 2016)
Application: Dexter
• Manslaughter: It is deemed as a less serious crime in comparison
to murder. This is due to the difference in level of faults between
the two, based on the concept of mens rea, which refers to guilty
mind.
• In the present instance, Dexter did hit the cleaner, which caused him to fall
and hit his head, resulting in his death.
• However, he had no intention of killing the cleaner.
• He just wanted the cleaner to clear the path so that he could leave with the
chemicals.
• Theft Act, 1968
• Dexter can also be made liable for stealing chemicals from school, without
having the permission to take them.

Criminal Liability
• As Methamphetamine was a Class A controlled drug, the maximum
sentencing which can be awarded to the three parties of this case is life
imprisonment.
• Even the minimum sentence for such offence is seven years provided under
section 110 of the Powers of Criminal Courts (Sentencing) Act, 2000.
• As Anna and Pedro were in leading role, and Dexter organized the
production of controlled substance, the three would deem to have a leading
role.
• So, the starting point for their sentencing would be 14 years.
• Owing to the mix of breaches of different laws, in severity, the three would
get maximum sentencing.

Conclusion
• Based on the discussion undertaken in previous segments,
it can be concluded that Anna, Pedro and Dexter had
breached different legislations related to controlled drug
laws.
• Dexter also indulged in breach of different laws due to the
theft and assault he undertook, resulting in the death of
cleaner.
• The application of different sections highlighted the manner
in which the three parties breached the quoted legislations.
• Owing to the severity of situation, the three would get
maximum life imprisonment.

Bibliography
• Primary Sources
• Statutes and Statutory Instruments
• Criminal Attempts Act, 1981
• Criminal Law Act, 1977
• Misuse of Drugs Act, 1971
• Serious Crimes Act, 2007
• Theft Act, 1968
• Secondary Sources
• Books
• King LA, The Misuse of Drugs Act: A Guide for Forensic Scientists (Royal Society of Chemistry 2007)
• Monaghan N, Criminal Law (4th edn, Oxford University Press 2016)
• Websites and blogs
• Find Law, ‘What Is a Controlled Substance?’ (2018)
<http://criminal.findlaw.com/criminal-charges/what-is-a-controlled-substance.html> accessed 12
March 2018