S6(1)(e) Sell/offer to Sell Class C Drug Flashcards
Sell/Offer to Sell Class C Drug
Act / Section / Penalty
Misuse of Drugs Act 1975
S 6 (1) (e)
Penalty = 8 years imp
Sell/Offer to Sell Class C Drug
List Elements
1) Sell OR Offer to Sell
2) Any Class C Controlled Drug
3) To Any person over 18
Sell
Definition
Element 1, Card 1/2, S6(1)(e)
Sell - S6(5) MODA 1975
If a person is supplied, then deemed to have sold. Exchanged for valuable consideration.
Offer to Sell
Definition / R v During
Element 1, Card 2/2, S6(1)(e)
R v During - ready on request to supply drug
Any Controlled Drug
Definition
Element 2, Card 1/4, S6(1)(e)
(SPAM + CDA) S2 MODA 1975
Any substance, preparation, mixture, or article specified or described in schedule 1, 2, 3 and includes any temporary class drug and any controlled drug analogue.
Any Controlled Drug
Guilty Knowledge - KKI
Element 2, Card 2/4, S6(1)(e)
KKI - Knew about offence, knew the substance was a controlled drug and intent to commit offence.
Any Controlled Drug
Guilty Knowledge - R v Strawbridge
Element 2, Card 3/4, S6(1)(e)
R v Strawbridge – Knowledge will be presumed if there is no evidence to the contrary.
Any Controlled Drug
Usable Quantity
Element 2, Card 4/4, S6(1)(e)
Police v Emerali – Possession doesn’t extend to some minute or useless residue.
“Usable quantity”.
Any person Over 18 years old
Definition / R v Forrest and Forrest
Element 3, Card 1/1, S6(1)(e)
Any person = Gender neutral. Accepted by JN/CE
R v Forrest and Forrest - Best evidence possible from prosecution regarding age.