Possession of Controlled drug for supply

Question 1

What is the act, section and penalty for possession of a controlled drug for supply/Administer/offer?

Answer 1

Section 6(1)(f) MODA 75
A- life
B - 14yrs
C- 8yrs

Question 2

What are the 3 elements?

Answer 2

1- Had in his possession
2- Any controlled drug
3- For any of the purposes set out in para (c), (d) or (e)

Question 3

Explain possession and case law?

Answer 3

Possession - R v Cox
- Possession involves 2 elements. The first being the physical element is actual or potential physical custody or control. The second being the mental element is a combination of knowledge and intention. Knowledge in the sense of an awareness that the substance is in his possession and an intent to exercise possession.

Question 4

Possession maybe actual or potential. Explain them both plus S2(2) MODA 75

Answer 4

Actual
- Means that the person actually has the drug in their custody or control

Potential
- Aries when the person has the potential to have the thing in question in their control.

Section 2(2) MODA 75 
- The things which a person has in his possession include anything subject to his control which is in the custody of another.

Question 5

Controlled drug?

Answer 5

Controlled drug - S2 MODA 75
- Means any substance, preparation or mixture specified or described in schedule 1,2 or 3 of this act and includes any controlled drug analogue

Question 6

Explain Section 6(1)(c) MODA 75

Answer 6

• Supply or administer or offer to supply class A or B controlled drug to any person or otherwise deals in any such controlled drug

Question 7

Explain Section 6(1)(d) MODA 75

Answer 7

• Supply or administer or offer to supply or administer any class C controlled drug to a person under 18yrs

Question 8

Explain Section 6(1)(e) MODA 75

Answer 8

• Sell or offer to sell class C controlled drug to a person of or over 18yrs

Question 9

Once you selected if it is para (c) or (d) or (e) what 4 points need to be covered?

Answer 9

Guilty knowledge
R v Strawbrigde
Police v Emeralli

Presumption - S6 MODA75
- 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 an amount, level or quantity is at or over which the controlled drug is presumed to be for supply.