Possession of Controlled Drugs for Supply

Question 1

Section and penalty

Answer 1

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

Life/14/8 years imp

Question 2

Ingredients

Answer 2

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

Question 3

R v Cox

Answer 3

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

Question 4

Actual Possession

Answer 4

The person actually has the drug in their custody or control

Question 5

Potential Possession

Answer 5

Sec 2(2), Misuse of Drugs Act 1975

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.

Question 6

Any Controlled Drug

Answer 6

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 7

Must prove guilty knowledge

Answer 7

This will involve proof that the defendant:

• knew about the possession and,
• knew the possessed substance was a controlled drug and,
• intent to carry out either (c), (d) or (e)

Question 8

R v Strawbridge

Answer 8

It is not necessary for the Crown to establish knowledge on the part of the accused. In the absence of evidence to the contrary knowledge on her part will be presumed, but 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 9

Useable Amount

Answer 9

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

Question 10

Police v Emerali

Answer 10

In any drug offence the quantity of drug involved must be measurable and useable.The serious offence of possessing a narcotic does not extend to some minute and useless residue of the substance.

Question 11

Dealing with controlled drugs

Presumption of possession for supply

Answer 11

Sec 6(6) Misuse of Drugs Act 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 (see section 2(1a)).

Question 12

List the four things you have to prove to convict someone of possessing a controlled drug.

Answer 12

1. Had complete physical control of the drug
2. Knew that the drug existed, where it was and what its qualities were
3. Received the drug from a person who intended to hand over possession
4. Held the drug with the intention to possess it exclusively of others.

Question 13

How do you prove knowledge and intent

Answer 13

1. The defendant must be aware that they possess the substance
2. The defendant identifies the substance as a controlled drug, even if there is no substance to be analysed to prove their assertion
3. Physical custody presumes knowledge, unless otherwise proven.