Section 6(1)(e) Sell, Or Offer To Sell, Any Class C Controlled Drug To Person Of Or Over 18 Years

Question 1

Sells meaning?

Answer 1

A sale occurs when a quantity or share in drug is exchanged for some valuable consideration.

Question 2

Section 6(5) ?

Answer 2

Creates the presumption that 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 3

This section relates to what controlled drugs?

Answer 3

Class C controlled drugs only

Question 4

Proof of Age

Answer 4

Where the recipient of Class C drugs is 18 years or over it is only a drug dealing offence under section 6 if the drugs are SOLD our offered for sale to that person.

The supply of Class C to such a person not involving a sale may still incur liability under section 7.

Question 5

Who must prove age?

Answer 5

Prosecution must prove the age of the person whom the drugs were supplied.

Question 6

CL Rv Forest and Forest

Answer 6

The best evidence possible in the circumstances should be adduces by the prosecution in proof of the victims age.