Possession A Controlled Drug For Supply/ Administer/ Sell/ Offer

Question 1

Name the act and section for Possession a Controlled Drug for Supply/ Administer/ Sell/ Offer:

Answer 1

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

Question 2

Name the penalty for Possession a Controlled Drug for Supply/ Administer/ Sell/ Offer:

Answer 2

Life/ 14 year/ 8 years

Question 3

Name the 3 ingredients for Possession a Controlled Drug for Supply/ Administer/ Sell/ Offer:

Answer 3

1. Has in his possession
2. Any controlled drug
3. For any of the purposes set out in paras (c), (d) or (e)

Question 4

Define Possession:

R v Cox

Answer 4

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 5

Possession maybe actual or potential.

Define Actual possession:

Answer 5

Actual possession arises where the thing in question is in a person’s physical custody; it is on or about their person or immediately at hand.

Question 6

Possession may be actual or potential.

Define Potential possession:

Answer 6

Potential possession arises when the person has the potential to have the thing in question in their control.

Question 7

Section 2(2)Misuse of Drugs Act 1975

Answer 7

The things which a person has in his possession include.. Any thing subject to his control which is in the custody of another.

Question 8

Define Controlled Drug:

Sec 2, Misuse of Drugs Act 1975

Answer 8

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.

Question 9

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

Answer 9

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.

Question 10

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

Answer 10

Supply or administer, or offer to supply or administer, any class C controlled drug to a person under 18 years of age.

Question 11

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

Answer 11

Sell or offer to sell, any class C controlled drug to a person of or under 18 years of age.

Question 12

Must Prove Guilty Knowledge:

This will involve proof that the defendant: (3)

Answer 12

1. Knew about the Possession, and
2. Knew the possessed substance was a controlled drug, and
3. Intended to carry out either (c), (d) or (e)

Question 13

R v Strawbridge

Answer 13

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 14

Police v Emerali

Answer 14

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.