Liability 6(1)(f)

Question 1

Possession of Controlled Drug for Supply / Administer / Sell / Offer

Section and Penalty

Answer 1

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

Life Imp / 14 Years / 8 Years

Question 2

Possession of Controlled Drug for Supply / Administer / Sell / Offer

Ingredients

Answer 2

.1 Has in his possession

.2 Any controlled drug

.3 For any of the purposes set out in paras (c), (d) or (e)

Question 3

.1 Has in his possession

Answer 3

Possession:
Involves two elements. Physical element is actual or potential physical custody or control. 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.
R v Cox

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Possession may be actual or potential.

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Actual possession:
Means the person actually has the drug in their custody or control.

OR

Potential possession:
When the person has the potential to have the thing in question in their control.

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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.
Sec. 2(2), Misuse of Drugs Act 1975

Question 4

.2 Any controlled drug

Answer 4

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 5

.3 For any of the purposes set out in paras (c), (d) or (e)

Answer 5

Supply, administer, offers to supply, offers to administer, otherwise deals in Class A or B controlled drug, to any person.
Sec. 6(1)(c), Misuse of Drugs Act 1975

OR

Supply, administer, offers to supply, offers to administer, otherwise deals in Class C controlled drug, to any person under the age of 18 years old.
Sec. 6(1)(d), Misuse of Drugs Act 1975

OR

Sells, offers to sell Class C controlled drug, to any person of or over the age of 18 years old.
Sec. 6(1)(e), Misuse of Drugs Act 1975

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Must prove guilty knowledge that defendant:

• knew about the possession, and
• knew the possessed substance was a controlled drug, and
• intended to carry out (c), (d) or (e).

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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

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Presumption:
For the purposes of 6(1)(f), a person is presumed until the contrary is proved to be in possession of a controlled drug for any of the purposes in subsection 1(c), (d) or (e) if he or she is in possession of the controlled drug in an amount, level, or quantity at or over which the controlled drug is presumed to be for supply.
Sec. 6(6), Misuse of Drugs Act 1975