Liability - Section 6(1)(e)

Question 1

Section and penalty

Answer 1

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

8 years imp

Question 2

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

Sell

Answer 3

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 4

Dealing with controlled drugs

Presumption of sale

Answer 4

Sec 6(5) Misuses of Drugs Act 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 5

Offers

Answer 5

Express readiness to do something for or on behalf of someone

Question 6

Offers to Sell

Prosecution must prove

Answer 6

The prosecution must prove two elements:

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

and

2) an intention that the other person believes the offer to be genuine (the mens rea)

Question 7

Must Prove Guilty Knowledge

Answer 7

This will involve proof the defendant:

1) knew about the sale / offer    
and
2) knew that the substance for sale/offer was a controlled drug     
and
3) intended to cause the sale/offer

Question 8

R v Strawbridge

Answer 8

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.

Question 9

Useable Amount

Answer 9

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

Question 10

Police v Emerali

Answer 10

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

Question 11

Class C Controlled Drug

Answer 11

Means any drug specified or described in Schedule 3 to this Act, and includes any controlled drug analogue.

Sec 2 Misuse of Drugs Act 1975

Question 12

Controlled Drug

Answer 12

Means any substance, preparation, mixture or article specified or described in Schedule 1, Schedule 2 or Schedule 3 to this Act and includes any controlled drug analogue.

Sec 2 Misuse of Drugs Act 1975

Question 13

Person

Answer 13

Gender Neutral. Proven by judicial notice or circumstantial evidence.

Question 14

R v Forrest and Forrest

Proving Age

Answer 14

The best possible evidence in the circumstances should be adduced by the prosecution in proof of the victim’s age.

Question 15

Proving Age

Answer 15

In practice, this generally involves producing the victim’s birth certificate in conjunction with independent evidence that identifies the victim as the person named in the certificate.