Possession for Supply

Question 1

Section 6 (1) (f) - MODA 1975

Answer 1

Have any controlled drug
in his possession
for any of the purposes set out in paragraphs (c), (d), or (e) of this subsection

Question 2

R v Cox - Proving possession

Answer 2

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 3

What are the components to proving knowledge?

Answer 3

• the defendant must be aware that they possess the substance
• the defendant identifies the substance as a controlled drug, even if there is no substance to be analysed to prove their assertion
• physical custody presumes knowledge, unless otherwise proven.

Question 4

Define actual custody or control

Answer 4

That the person actually has the drug in their custody or control. For example, if the drug is found in their pocket, or in a vehicle that person has the keys for.

Question 5

Define potential custody or control

Answer 5

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

Question 6

Define control

Answer 6

To “control” something means to exercise authoritative or dominating influence or command over it.

Question 7

Define joint possession

Answer 7

Where more than one person has access to drugs of saleable quantity, they may be charged jointly with possession. However, in such a situation you must prove that there was a shared intention to sell the drugs.

Question 8

Attempted possession

Answer 8

It is an offence to attempt to gain possession of a drug, a charge which covers someone obtaining something innocuous in the mistaken belief that it is a drug.

Question 9

Proving intent in drug cases

Answer 9

• admissions
• circumstantial evidence (packaging, scales, cash, tick lists etc)
• the statutory presumption under section 6(6)

Question 10

Statutory presumption

Answer 10

Section 6(6) of the Misuse of Drugs Act 1975 creates a presumption of law that if a person has possession of a specified amount of any drug, that person will be presumed to have that drug for one of the purposes set out in s6(1)(c), (d) or (d), unless they can prove otherwise.