S6(1)(e) Sell/offer to Sell Class C Drug Flashcards

1
Q

Sell/Offer to Sell Class C Drug
Act / Section / Penalty

A

Misuse of Drugs Act 1975
S 6 (1) (e)

Penalty = 8 years imp

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2
Q

Sell/Offer to Sell Class C Drug
List Elements

A

1) Sell OR Offer to Sell
2) Any Class C Controlled Drug
3) To Any person over 18

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3
Q

Sell
Definition
Element 1, Card 1/2, S6(1)(e)

A

Sell - S6(5) MODA 1975
If a person is supplied, then deemed to have sold. Exchanged for valuable consideration.

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4
Q

Offer to Sell
Definition / R v During
Element 1, Card 2/2, S6(1)(e)

A

R v During - ready on request to supply drug

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5
Q

Any Controlled Drug
Definition
Element 2, Card 1/4, S6(1)(e)

A

(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.

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6
Q

Any Controlled Drug
Guilty Knowledge - KKI
Element 2, Card 2/4, S6(1)(e)

A

KKI - Knew about offence, knew the substance was a controlled drug and intent to commit offence.

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7
Q

Any Controlled Drug
Guilty Knowledge - R v Strawbridge
Element 2, Card 3/4, S6(1)(e)

A

R v Strawbridge – Knowledge will be presumed if there is no evidence to the contrary.

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8
Q

Any Controlled Drug
Usable Quantity
Element 2, Card 4/4, S6(1)(e)

A

Police v Emerali – Possession doesn’t extend to some minute or useless residue.

“Usable quantity”.

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9
Q

Any person Over 18 years old
Definition / R v Forrest and Forrest
Element 3, Card 1/1, S6(1)(e)

A

Any person = Gender neutral. Accepted by JN/CE

R v Forrest and Forrest - Best evidence possible from prosecution regarding age.

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