Possession of controlled drugs for supply 6(1)(f) Flashcards
Possession of Controlled Drugs for Supply etc.
Act/ Section/ Elements
HIGHLIGHTED
MODA 1975, S6(1)(f)
- No person shall
- Have in their possession
- Any controlled drug
- For any of the purposes set out in paragraphs (c), (d), or (e)
R v Cox
HIGHLIGHTED
Possession involves two elements physical and mental. The physical element includes actual or potential physical custody or control and the mental element is a combination of knowledge and intention. Knowledge that the thing is in his possession and an intention to exercise possession.
For possession in drugs cases, it is necessary for the crown to prove the defendant had:
HIGHLIGHTED
- Knowledge that the drug exists
- Knowledge that it is a controlled drug
- Actual physical control or some degree of control over it
- An intention to possess it
Control over - Definition
HIGHLIGHTED
To exercise authoritative or dominating influence or command over it.
Intent defintion
HIGHLIGHTED
In a criminal law context there are two specific types of intention in an offence. Firstly, an intention to commit the act and secondly, an intention to get a specific result.
Circumstantial evidence from which an offenders intent may be referred include:
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- Offender’s actions and words, before, during or after the event
- Surrounding circumstances
- Nature of act itself
Statutory presumption - Dealing with controlled drugs
Act/ Section
HIGHLIGHTED
MODA 1975, S6(6)
For the purpose of (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 (1)(c), (d), or (e) if they are 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.
Presumptive amounts - 7 Examples
HIGHLIGHTED
Heroin/cocaine - 0.5g
LSD - 2.5mg or 25 tabs
Meth/MDMA/cannabis resin or oil - 5g
Cannabis plant - 28g of 100 cigarettes
Where not specified in schedule 5 the presumptive amount of that drug is 56grams.
Can a person be charged with Possession For Supply if the drug is found in an amount less than the presumptive amount?
HIGHLIGHTED
Yes, if other circumstances provide RGTS the offence, such as admissions, tick books or packaging.
Is it possible to charge a person with attempted possession?
HIGHLIGHTED
Yes.
Police v Jay - The defendant bought hedge clippings believing they were cannabis.
The court held that the offence of receiving cannabis was not legally impossible, but physically impossible. Found guilty of attempted possession as he had the required intent and did an act for the purpose of accomplishing his object.
The presumption that a drug is for sale/supply may be rebutted if the person is able to prove:
HIGHLIGHTED
If they can prove on the balance of probabilities, that they did not INTEND to commit a drug dealing offence.
EG. The defence may argue that the defendant was heavily addicted and required large amounts for personal use.
Control over - Definition
HIGHLIGHTED
To exercise authoritative or dominating influence or command over it.
In drug cases, additional evidence of intent to supply may be inferred from:
HIGHLIGHTED
- Admissions
- Circumstantial evidence (packaging, cash, tick book)
- Statutory presumption S6(6)
For joint possession, where more than one person has access to the drugs, can they be charged?
HIGHLIGHTED
Yes, where more than one person has access to drugs of saleable quantity, they can be jointly charged with possession, but you must prove there was a shared intention to SELL the drugs. It is not enough to show they knew the drugs existed.
