Possession Of A Controlled Drug For Supply / Administer / Sell / Offer

Question 1

Section and act

Answer 1

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

Question 2

Penalty

Answer 2

Life / 14 years / 8 years Imprisonment

Question 3

Ingredients

Answer 3

1) Possession Of
2) Any Controlled Drug
3) For any of the purposes set out in paras (c), (d) or (e)

Question 4

Actual or Constructive

Answer 4

Possession may be actual or constructive

Question 5

Actual Possession

Answer 5

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 6

Ideal Possession: (actual)

Warner v Metropolitan Police Commissioner

Answer 6

The term “possession” must be given a sensible and reasonable meaning in its context. Ideally, a possessor of a thing has:

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

Question 7

Constructive Possession

Answer 7

Constructive possession arises when something is not in a person’s physical custody, but they have ready access to it or can exercise control over it.

Question 8

Possession

Answer 8

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), Misuse of Drugs Act 1975

Question 9

Any Controlled Drug

Answer 9

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

Question 10

Sec 6(1)(c) Misuses of Drugs Act 1975

Answer 10

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

Question 11

Sec 6(1)(d) Misuse of Drugs Act 1975

Answer 11

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

Question 12

Sec 6(1)(e) Misuse of Drugs Act 1975

Answer 12

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

Question 13

Useable Amount

Answer 13

In any drug offence, the quantity of the drug involved must be measurable and useable.

Question 14

Police v Emerali

Answer 14

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

Question 15

Case law:

R v Strawbridge

Answer 15

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 16

Presumption

Answer 16

Dealing with controlled drugs - Presumption

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)).

Sec 6 Misuse of Drugs Act 1975