S6(1)(f) Possession of Controlled Drug for Supply Flashcards
Possession of Controlled Drug for Supply
Act / Section / Penalty
Misuse of Drugs Act 1975
S 6 (1) (f)
Penalty =
Category A - Life
Category B - 14
Any other - 8
Possession of Controlled Drug for Supply
List Elements
1) Have in their possession
2) Any Controlled Drug
3) For any purpose set out in paragraphs (c)(d)(e) of S6(1) of MODA
Possession
Definition / R v Cox
Element 1, Card 1/1, S6(1)(f)
R v Cox - Possession involves two elements, Physical and Mental. Physical custody and control. Mental, knowledge and intent.
Any Controlled Drug
Definition
Element 2, Card 1/4, S6(1)(f)
(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)(f)
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)(f)
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)(f)
Police v Emerali – Possession doesn’t extend to some minute or useless residue.
“Usable quantity”.
For any purpose set out in paragraphs (c)(d)(e) of S6(1) of MODA
Definition / R v Collister
Element 3, Card 1/1, S6(1)(f)
Intent: R v Collister - Intent can be inferred from the offenders words/actions before/during/after the incident, the surrounding circumstances, and the nature of the act itself.