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

Possession for supply

Must prove guilty knowledge

Answer 7

• Know they have the substance
• Know the substance’s nature or qualities
• Intend to use the substance in a way that allows you to charge them with possession

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

Possession

Prosecution must prove guilty knowledge

Answer 12

• knew the drug exists
• knew that it was a controlled drug
• intended to possess it and had some degree of control over it

Question 13

Intent

Answer 13

Intent to commit an act and intent to obtain a specific result

Question 14

Proving Intent

Answer 14

• Admission
• Circumstantial Evidence - words and actions before during and after
• Presumption (amount)

Question 15

Presumption

Answer 15

Heroin .5
Cocaine .5
LSD 2.5
Meth 5
MDMA 5
Cannabis Resin 5
Cannabis Plant 28 grams 100 cigarettes
controlled drug not listed 56 grams

Question 16

Ingredients

Answer 16

Has in is possession

• Possession Def
• Actual Possession (ideal/constructive)

Any controlled drug
- Controlled drug def

For any of the purposes set out in para (c) (d) or (e)
- Supply and Administer Def re class A or B
or C
- Guilty Knowledge
-Police v Emerali
- R v Strawbridge
- Presumption amount