Possession of controlled drug for supply/administer/sell/offer

Question 1

Act and section

Answer 1

S6(1)(f) MODA 1975

Question 2

Penalty

Answer 2

Class A Life
Class B 14 years
Class C 8 years

Question 3

Ingredients

Answer 3

Possession of
Any controlled drug
For any of the purposes set out in paragraph (c)(d)or(e)

Question 4

Possession

Answer 4

Possession may be actual or constructive

Actual possession is in a persons physical control and immediately at hand

Warner v Metro Police Comm
Ideally a possessor will have
1 complete physical control over it
2 knowledge of it exists acne, situation and qualities

Constructive possession
It is not in there physical control but they have access to it and exercise control over it

Question 5

Any controlled drug

Answer 5

S2 MODA 1975
Any substance, mixture, perpetration or article described or specified in S1,2 or 3 of this act and includes any controlled drug analogue

S2 MODA 1975
Any substance that has a structure significantly similar to that of any controlled drug. There are some exceptions

Question 6

Guilty knowledge

Answer 6

Must prove defendant
1 knew about the possession
2 knew the possession was of a controlled drug
3 intended to carry out either c, d or e

R v Strawbridge
If the accused believes on reasonable grounds that her actions were innocent then she may be acquitted unless the jury are satisfied that it was not so.

Question 7

Useable amount

Answer 7

There must be a useable and measurable amount

Police v Emerali
Possession of a narcotic does not extend to a minute quanity