Possession For Supply

Question 1

Section/Act/Ingredients (Possession)

Answer 1

S6(1)(f) Possession of Controlled Drugs for Supply
Misuse of Drugs Act 1975

• Have in their possession
• Any Controlled Drug
• For any purpose set out in paragraphs (c)(d) or (e) of S6(1) MODA75.

Question 2

Case Law ‘Possession’

Answer 2

R v Cox - 2 Elements:
Mental: custody/control
Physical: Knowledge/Intent

Question 3

RTS Any Controlled Drug

Answer 3

Class A/B/C Controlled Drug specified in Sch 1/2/3 of the MODA75.

Question 4

Guilty Knowledge

Answer 4

Crown must prove defendants conduct contributed to importation as well as:

Knew about the importation AND
Knew the imported substance was a controlled drug AND
Intended to cause the importation

Question 5

Case law ‘Knowledge’

Answer 5

R v Strawbridge: Crown does not need to establish Knowledge. Knowledge will be presumed if there is no evidence to the contrary. The accused needs to prove they acted innocently and had no knowledge to be acquitted.

Question 6

Case Law ‘Useable Quantity’

Answer 6

R v Emerali: Possession doesn’t extend to some minute or useless residue. “Useable Quantity”.

Question 7

RTS For any Purpose

Answer 7

Aim/intention to supply in one way set out in 6(1)(c)(d)(e).
Intent to :
Commit the act
Get a result.