Possession a controlled drug for supply/administer/sell/offer

Question 1

Possession a controlled drug for supply/administer/sell/offer

Answer 1

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

Question 2

Penalty

Answer 2

Life/14 years/8 years

Question 3

Elements

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

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

Actual Possession

Answer 5

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

Question 6

Potential Possession

Answer 6

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

Question 7

Has in his/her possession

Answer 7

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) MODA 1975

Question 8

Any controlled drug

Answer 8

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

Question 9

6 (1) (c)

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. 
Sec 6 (1) (c) MODA 1975.

Question 10

6 (1) (d)

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

6 (1) (e)

Answer 11

Supply or administer or offer to supply or administer any Class C controlled drug to a person of or over 18 years of age.

Question 12

Must prove guilty knowledge

Answer 12

This will involve proof that the defendant:

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

Question 13

Police v Emerali

Answer 13

The quantity of drug involved must be measurable and usable.
“the serious offence of … possessing a narcotic does not extend to some minute and useless residue of the substance”

Question 14

R v Strawbridge

Answer 14

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 15

Presumption

Answer 15

For the purposes of subsection (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 (see S2(1A)).
Sec 6 (6) MODA 1975