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

Question 1

Possession a Controlled Drug for Supply/Administer/Sell/Offer - section and ingredients

Answer 1

Section 6(1)(f) of MODA 1975 - Life/14years/8years

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

Question 2

Possession may be …

Answer 2

actual or constructive

Question 3

possession definition under section 2 of MODA 1975

Answer 3

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

Question 4

What is Actual possession

Answer 4

Actual possession arises where the thing in question is in a persons physical custody, it is on or about their person, or immediately at hand

Question 5

What is ideal possession (actual)

Answer 5

• Complete physical control over it
• Knowledge of its existence, its situation and its qualities

Warner v Metropolitan Police Commissioner

Question 6

What is constructive possession

Answer 6

Constructive possession arises when something is not in a persons physical custody but they have ready access to it or can exercise control over it

Question 7

Controlled drug definition under section 2 of MODA 1975

Answer 7

Means any substance, preparation, mixture or article specified or described in schedule 1, schedule2, or schedule 3 of MODA 1975 and includes any controlled drug analogue

Question 8

What proof is required for “guilty knowledge”

Answer 8

Proof that the defendant:

• knew about the produce/manufacturing, AND
• knew the produce/manufacturing, substance was a controlled drug AND
• intended to cause the produce/manufacturing

Question 9

In any drug offence the quantity of drug involved must be …… and …….

Answer 9

measurable and useable

Question 10

Police v Emerali on quantity

Answer 10

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

Question 11

R v Strawbridgeon establishing the knowledge of the accused

Answer 11

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 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 12

what is the presumption when dealing with controlled drugs

Answer 12

a person is presumed 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, until the contrary is proven

section 6 of MODA 1975