Possession of Controlled Drugs for Supply

Question 1

Section and Penalty

Answer 1

Section 6(1)(f) MODA 1975 - Life/14/8

Question 2

Ingredients

Answer 2

• Has in his possession
• Any controlled drug
• For any of the purposes set out in paragraphs (c), (d) or (e)

Question 3

R V Cox

Answer 3

Possession involves two elements. 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 awareness by the accused that the substance is in his possession and an intention to exercise possession.

Question 4

Define Actual Possession

Answer 4

The person actually has the drug in their custody or control.

Question 5

Define Potential Possession

Answer 5

For the purposes of this Act, the things which a person has in his possession include anything subject to his control which is in the custody of another.

Question 6

Dealing with controlled drugs - Presumption of Possession for Supply

Answer 6

Section 6(6) MODA 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.

Question 7

In relation to Possession, to prove guilty knowledge, the Prosecution must prove that the defendant:

Answer 7

• Knew the drug exists
• Knew that it was a controlled drug
• Intended to possess it and had some degree of control over it.