Section 6(1)(d) and Section 6(1)(e)

Question 1

“Any controlled drug” as it pertains to 6(1)(d)

Answer 1

Paragraph (d) refers to Class C controlled drugs only

Question 2

R v Forrest and Forrest

Answer 2

proof of age

“the best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age

Question 3

Supply/administer to a person under 18 liability?

Answer 3

Section 6(1)(d) MODA75

Supplying a Class C Drug to a Person Under 18 Years

no person shall supply, or administer, or offer to supply or administer

any class c controlled drug

to a person under 18 years of age

Question 4

Sell/offer to sell to a person over 18 liability?

Answer 4

Section 6(1)(e) MODA 75

Sell/Offer to Sell Class C Controlled Drug to a person 18+

no person shall sell, or offer to sell

any class C controlled drug

to a person of or over 18 years of age

Question 5

Presumption of selling

Answer 5

For the purposes of section 6(1)(e), if it is proved that a person has supplied a controlled rug to another person he shall, untill the contrary is proved, be deemed to have sold that controlled drug to another person

the effect of this is that the defendant is required to prove on the balance of probabilities that there was no sale.