Drug Offences 3

Question 1

R v Forrest and Forrest

Answer 1

R v Forrest and Forrest

The best evidence possible in the circumstances

should be adduced by the prosecution

in proof of the Victims age.

Question 2

Definition - Sell

Answer 2

Sell -

A sale occurs when a quantity or share in a drug

is exchanged for some valuable consideration.

Will commonly be money, but anything of value will suffice.

Question 3

Dealing with Controlled Drugs – s6(5) MODA 1975

Answer 3

Dealing with Controlled Drugs – s6(5) MODA 1975

For the purposes of paragraph (e) of subsection (1) of this section,

if it is proved that a person has supplied a controlled drug to another person

he shall until the contrary is proved be deemed to

have sold that controlled drug to that other person.

Question 4

Definition - Offers to Sell

Answer 4

Offers to Sell

The prosecution must prove two elements:

• The communicating of an offer to sell a controlled drug (the actus reus)

AND

• An intention that the other person believes the offer to be genuine (the mens rea)

*** Must prove Guilty Knowledge

This will involve proof that the Defendant:

• Knew about the sale/offer AND
• Knew the substance for sale/offer was a controlled drug AND
• Intended to cause the sale/offer

Question 5

R v Cox (Possession)

Answer 5

R v Cox (Possession)

Possession involves two elements.

The first, the physical element, is actual or potential physical custody or control.

The second, the mental element, is a combination of knowledge and intention.

Knowledge in the sense of an awareness by the accused

that the substance is in his possession and an intention to exercise possession.

Question 6

Definition - Possession

Answer 6

Possession -

Possession may be actual or potential.

Question 7

Definition - Actual Possession

Answer 7

Actual Possession -

Means that the person actually has the drug in their custody or control.

Question 8

Definition - Potential Possession

Answer 8

Potential Possession -

Potential possession arises when the person has the

potential to have the thing in question in their control.

Question 9

possession Definition - S2(2), MODA 1975

Answer 9

S2(2), MODA 1975

For the purposes of this Act,

the things which a person has in his possession

include any thing subject to his control

which is in the custody of another.

Question 10

S6(1)(c), MODA 1975

Answer 10

S6(1)(c), MODA 1975

Supply or administer,

or offer to supply or administer,

any Class A controlled drug or Class B controlled drug

to any other person, or otherwise deal in any such controlled drug.