Possession of Controlled Drug for Supply/Adminster/Sell/ Offer

Question 1

Section

Answer 1

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

Question 2

Penalty

Answer 2

Life-14 years-8 years

Question 3

Ingredients

Answer 3

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

Question 4

Possession

Answer 4

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

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

Warner v Metropolitan Police Commissioner

Answer 6

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 ins qualities.

Question 7

Constructive Possession

Answer 7

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

Question 8

Paragraph c
Section 6(1)(c) MODA 1975

Answer 8

Supply or Adminster, or Offer to Supply or Administer, Any Class A controlled drug of Class B Controlled drug to any other person or, otherwise deal in such controlled drug

Question 9

Paragraph d 
Section 6(1)(d) MODA 1975

Answer 9

Supplu or Administer, or offer to Supply or Administer, Any Class C controlled drug to a person under 18 years of age

Question 10

Paragraph e
Section 6(1)(e) MODA 1975

Answer 10

Sell or offer to sell, any Class C controlled drug to a person of or over 18 years of age

Question 11

Must prove guilt

Answer 11

The Defendant
Knew about the supply/administering/offer and
-knew the supply/administering/offer substance was a controlled drug and
-intended to cause supply/administering/offer

Question 12

Dealing with controlled drugs-Presumption

Answer 12

For the purposes of subsection (1)(f), a person is presumed until the contrary is proven

• to be in possession of a controlled drug for any of the purposes in subsection (1)(c),(d), or (e)
• If he/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 (refer section 2(1A)

Question 13

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

Answer 13

R v Emerali

Question 14

• It is not necessary for the Crown to establish knowledge on the part of the accused.
• In the absence to the contrary knowledge on her part will be presumed
• But if there is some evidence that the accused honestly believed on RG’s that her act was innocent
• Then she is entitled to be acquitted unless the jury is satisfied beyond RD that was not so.

Answer 14

R v Strawbridge