Possession of Controlled Drugs for Supply

Question 1

What is the act, section and punishment for ‘possession of controlled drugs for supply’?

Answer 1

s6(1)(f) MODA 1975

Class A: Life
Class B: 14 years
Class C: 8 years

Question 2

What are the elements of ‘possession of controlled drugs for supply’?

Answer 2

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

Question 3

Explain the following element of ‘possession of controlled drugs for supply’:

1) Has in his possession

Answer 3

Possession:
Possession involves two elements. The first element is the physical element, which is actual or potential physical custody or control. The second element is the mental element, which is a combination of knowledge and intent. The accused must know that the item is in their possession and intend to exercise possession. - R v Cox

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. - s2(2) MODA 1975

Question 4

Explain the following element of ‘possession of controlled drugs for supply’:

2) Any controlled drug

Answer 4

Controlled Drug:
Means any substance, preparation, mixture or article specified or described in schedule 1, 2 or 3 of this Act and includes any controlled drug analogue. - s2 Misuse of Drugs Act 1975

Question 5

Explain the following element of ‘possession of controlled drugs for supply’:

3) For any of the purposes set out in para (c), (d) or (e).

Answer 5

6(1)(c): Supplies class A or B

6(1)(d): Supplies class C to U18

6(1)(e): Sells class C to over 18

Presumption:
A person is presumed, until the contrary is proved, to be in possession of a controlled drug for any of the purposes in ss(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 s2(1A). - s6 MODA 1975

Guilty Knowledge:
Proving guilty knowledge will involve proof that the defendant:
- Knew about the importation/exportation, and
- Knew the imported/exported substance was a controlled drug, and,
- Intended to cause the importation/exportation.

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 will be presumed, but if there is some evidence that the accused honestly believed on reasonable grounds that their act was innocent, then they are entitled to be acquitted unless the jury is satisfied beyond reasonable doubt that this was not so. - R v Strawbridge.

Useable Amount:
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. Police v Emerali