Section 6(1)(f) - Possession for supply

Question 1

Possession for supply liability?

Answer 1

Section 6(1)(f) MODA75

Possession of controlled drug for supply

have in his possession

any controlled drug

for the purposes set out in paragraphs (c), (d), or (e) of section 6(1) of the MODA75

Question 2

R v Cox

Answer 2

Possession involves two elements.

Physical elements: actual or potential physical custody or control
Mental: Combination of knowledge and intention. A knowledge in the sense of an awareness by the accused that the substance is in his possession, and an intention to exercise intention.

Question 3

Potential custody or control meaning?

Answer 3

Section 2(2) of MODA states that “for the purposes of this act, the thins which a person has in his possession include anything subject to his control which is in the custody of another”.

Question 4

What are the three components that prove knowledge of existence?

Answer 4

1. the defendant is aware that they possess the substance
2. the defendant identifies the substance as a controlled drug
3. physical custody presumes knowledge

Question 5

Lack of knowledge?

Answer 5

Someone can possess a substance without knowing it.

A genuine lack of knowledge would exclude ‘knowing possession’ and thereby intent.

Question 6

Definition of control?

Answer 6

To ‘Control” something means to exercise authoritative or dominating influence over it

A person can control an intem that is not in their physical custody

Question 7

Joint possession for 6(1)(f)?

Answer 7

Where more than one person has access to drugs of a saleable quantity, they may be charged jointly with possession.

However must prove there was a shared intention to sell the drugs.

Question 8

Attempted possession

Answer 8

It is an offence to attempt to gain possession of a drug.

Question 9

What four things must the crown prove for possession in drugs cases?

Answer 9

1. knowledge that the drug exists
2. knowledge that it is a controlled drug
3. actual physical control or some degree of control over it
4. an intention to posses it

Question 10

Definition of intent?

Answer 10

an act or omission done deliberately

must be more than involuntary or accidental

intent to produce a specific result

Question 11

Circumstantial evidence from which an offenders intent bay be inferred?

Answer 11

1. the offenders actions or words before, during, or after
2. the surrounding circumstances
3. the nature of the act itself.

Question 12

Proving intent in drugs cases: three types of additional evidence of intent to supply?

Answer 12

1. admission
2. circumstantial evidence (packaging, scales, cash)
3. the statutory presumption under 6(6).

Question 13

Section 6(6)- Presumptive Quantity

Answer 13

A presumption of law that is a person has possession of a specified amount of any drug, that person will be presumed to have it for one of the purposes set out in 6(1) (c), (d), or (f)

Question 14

Presumptive amount of Heroin

Answer 14

0.5 grams

Question 15

Presumptive amount of Cocaine

Answer 15

0.5 grams

Question 16

Presumptive amount of LSD

Answer 16

2.5 milligrams

25 flakes/tablets

Question 17

Presumptive amount of meth

Answer 17

5 grams

Question 18

Presumptive amount of MDMA

Answer 18

5 grams

11 flakes

Question 19

Presumptive amount of cannabis resin

Answer 19

5 grams

Question 20

Presumptive amount of cannabis plant

Answer 20

28 grams

100 or more cigarettes