Possession of a Controlled Drug For Supply / Administer / Sell / Offer Flashcards
Section
Section 6(1)(f) Misuse of Drugs Act 1975
Penalty
Life / 14 years / 8 years Imprisonment
Ingredients
1) Has in his possession
2) Any Controlled Drug
3) For any of the purposes set out in paras (c), (d) or (e)
R v Cox (possession)
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.
Possession
Possession may be actual or potential
Sec 2(2), Misuse of Drugs Act 1975
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.
Actual Possession
The person actually has the drug in their custody or control
Potential Possession
Potential possession arises when the person has the potential to have the thing in question in their control
Any Controlled Drug
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.
Sec 2 Misuse of Drugs Act 1975
For any of the purposes set out in paras (c), (d) or (e)
Define ingredients with the following
.
Sec 6(1)(c) Misuses of Drugs Act 1975
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), Misuse Drugs Act 1975
Sec 6(1)(d) Misuse of Drugs Act 1975
Supply or administer, or offer to supply or administer; any Class C controlled drug to a person under 18 years of age.
Sec 6(1)(d) Misuse of Drugs Act 1975
Sec 6(1)(e) Misuse of Drugs Act 1975
Sell, or offer to sell, any class C controlled drug to a person of or over 18 years of age.
Sec 6(1)(e) Misuse of Drugs Act 1975
Must prove guilty knowledge
This will involve proof that the defendant:
- knew about the Possession, and
- knew the possessed substance was a controlled drug, and
- intended to carry out either (c), (d) or (e),
Usable amount
Police v Emerali
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.
Dealing with controlled drugs - Presumption
Sec 6 Misuse of Drugs Act 1975
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 section 2(1a)).