Case Law

Question 1

R V STRAWBRIGDE
relates to controlled drug

Answer 1

It is not necessary for the Crown to establish knowledge on the part of the accused. In the absence of evidence to the contrary of 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.

Question 2

POLICE V EMERALI

Answer 2

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

Question 3

R V RUA
Produce/Manufacture

Answer 3

Broadly covered by the creation of Controlled drugs by some form of process which changes the original substances into particular controlled drug.

Question 4

R V FORREST AND FORREST
Prove of age

Answer 4

The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age.

Question 5

R V COX
possession

Answer 5

1. Physical element, is actually or potential physical custody or control.
2. Mental element, is a combination of knowledge and intention. Knowledge is the sense of an awareness by the accused that the substance is in his possession and the intention to exercise possession.

Question 6

R V COLLISTER
Proving intent

Answer 6

• admissions
• circumstantial evidence
• the statutory presumption under section 6(6)