Section 6(1)(e) - Sell, or offer to sell, any Class C controlled drug to person of or over 18 years

Question 1

What is the penalty for 6(1)(e)?

Answer 1

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

8 years imprisonment

Question 2

What are the ingredients of sell, or offer to sell, any Class C controlled drug to a person of or over 18 years of age?

Answer 2

1) Sell
OR
Offer to sell

2) Any Class C controlled drug
3) To a person of or over 18 years of age.

Question 3

What is selling?

Answer 3

When a quantity or share in a drug is exhanged for some valuable consideration.

Anything of value will suffice - for example exhanging a large quantity of cannabis for some real estate.

Question 4

What is the presumption created in S6(5)?

Answer 4

In the absence of evidence to the contrary, a drug supplied to a person over 18 years of age has been sold to that person.

Question 5

What is a controlled drug?

Answer 5

Any substance, preparation, mixture or article specified or described in Schedule 1, Schedule 2 or Schedule 3 to this Act and includes any controlled drug analogue.

Note that paragraph (e) relates to Class C controlled drugs only.

Question 6

What essential element must the prosecution prove when someone is charged with selling or offering to sell a Class C controlled drug to a person of or over 18 years of age?

Answer 6

The prosecution must prove the age of the person to whom the drugs were supplied.

Question 7

What is the caveat around proof of age and someone 18 years or over receiving Class C controlled drugs?

Answer 7

It is only a drug dealing offence under S6 if the drugs are sold or offered for sale to that person.

Question 8

R v Forrest and Forrest

(Forest, trees, paper)

Answer 8

The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victim’s age.

Application: proving age