Liability 6(1)(e)

Question 1

Sells or Offers to Sell Class C Controlled Drug to Persons Of or Over 18 Years of Age

Section and Penalty

Answer 1

Section 6(1)(e) Misuse of Drugs Act 1975

8 Years Imprisonment

Question 2

Sells or Offers to Sell Class C Controlled Drug to Persons Of or Over 18 Years of Age

Ingredients

Answer 2

.1 Sells
OR
Offers to sell

.2 Class C controlled drug

.3 To any person of or over the age of 18 years old

Question 3

.1 Sells

Answer 3

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.

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Dealing with controlled drugs:
For purposes of 6(1)(e), 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.
Sec. 6(5), Misuse of Drugs Act 1975

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Must prove guilty knowledge that defendant:

• knew about the sale / offer, and
• knew the sold / offered substance was a controlled drug, and
• intended to cause the sale / offer.

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It is not necessary for the Crown to establish the knowledge of the accused. In the absence of evidence to the contrary, knowledge on her part will be presumed, but if there are 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.
R v Strawbridge

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Useable Amount
In any drug offence, the quantity of drug involved must be measurable and useable.

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

Question 4

.1 Offers to sell

Answer 4

Offers:
Expressed readiness to do something for or on behalf of someone.
Oxford Dictionary

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Offers to Sell:
Prosecution must prove two elements
- the communication of an offer to sell a controlled drug (actus reus)
- an intention that the person believes the offer to be genuine (mens rea)

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Must prove guilty knowledge that defendant:

• knew about the sale / offer, and
• knew the sold / offered substance was a controlled drug, and
• intended to cause the sale / offer.

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It is not necessary for the Crown to establish the knowledge of the accused. In the absence of evidence to the contrary, knowledge on her part will be presumed, but if there are 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.
R v Strawbridge

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Useable Amount
In any drug offence, the quantity of drug involved must be measurable and useable.

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

Question 5

.2 Class C controlled drug

Answer 5

Class C controlled drug:
Means any controlled drug specified or described in schedule 3 of this Act, and includes any controlled drug analogue.
Sec. 2, Misuse of Drugs Act 1975

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Means any substance, preparation, mixture or article specified or described in schedule 1, 2 or 3 of this Act and includes any controlled drug analogue.
Sec. 2, Misuse of Drugs Act 1975

Question 6

.3 To any person of or over the age of 18 years old

Answer 6

Gender neutral. Proven by judicial notice or circumstantial evidence.

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Proving age:
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victim’s age.
R v Forrest and Forrest

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Involves producing the victim’s birth certificate in conjunction with independent evidence that identifies the victim as the person named in the certificate.