Case Law pg 6 Flashcards
R v Strawbridge
Guilty Knowledge
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.
Police v Emerali
Usable Quantity (drug dealing)
“…the serious offence of… possessing a narcotic does not extend to some minute and useless residue of the substance.”
R v Rua
Produce/Manufacture (drug dealing)
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.
R v Donald
Supply (drug dealing)
Supply includes the distribution of jointly owned property between its co-owners.
R v Knox
Intent to supply (drug dealing)
“A person who is in unlawful possession of a controlled drug, which has been deposited for safekeeping, has the intent to supply that drug to another if his intention is to return the drug to the person who deposited it with him”.
R v Wildbore
Intent to supply (drug dealing)
A “passive custodian” who relinquished custody of a drug meet the needs of another, has the necessary intent for supply.
R v Brown
Offer to supply ( drug dealing)
Offering to supply a controlled drug can arise in a variety of ways including where the defendant:
- offers to supply a drug that he has in hand
- offers to supply a drug that will be procured at some future date
- offers to supply a drug that he mistakenly believes he can supply
- offers to supply a drug deceitfully, knowing he will not supply that drug
R v During
Offer to supply (drug dealing)
“(An offer is) an intimation by the person charged to another that he is ready on request to supply to that other, drugs of a kind prohibited by the statute.”
