S6(1)(f) Possession of Controlled Drug for Supply

Question 1

Possession of Controlled Drug for Supply
Act / Section / Penalty

Answer 1

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

Penalty =
Category A - Life
Category B - 14
Any other - 8

Question 2

Possession of Controlled Drug for Supply
List Elements

Answer 2

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

Question 3

Possession
Definition / R v Cox
Element 1, Card 1/1, S6(1)(f)

Answer 3

R v Cox - Possession involves two elements, Physical and Mental. Physical custody and control. Mental, knowledge and intent.

Question 4

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

Answer 4

(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.

Question 5

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

Answer 5

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

Question 6

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

Answer 6

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

Question 7

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

Answer 7

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

“Usable quantity”.

Question 8

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)

Answer 8

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.