Drug Dealing - Case Law

Question 1

R v STRAWBRIDGE

Answer 1

Guilty Knowledge - if there is evidence that the accused honestly believed on reasonable grounds that the 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

R v EMERALI

Answer 2

Usable Quantity - Possessing a narcotic does not extend to some minute and useless residue of the substance

Question 3

R v RUA

Answer 3

Produce / Manufactures - the offence is complete at the time the prohibited substance is made, even if it is not in it’s useable form

Question 4

R v BROWN

Answer 4

offering to supply can arise in a variety of ways including;

• offer to supply a drug he has on hand
• offer to supply a drug he will procure in the near future
• offer to supply a drug he mistakenly believes he can supply
• offer to supply a drug deceitfully, knowing he will not supply the drug

Question 5

R v COX

Answer 5

Possession involves two elements, physical and mental. physically is actual or potential custody or control. mental is a combination of knowledge and intention