Section 6(1)(f) Possession of controlled drugs for supply

Question 1

What is the liability for Possession for supply?

Answer 1

MODA75 S6(1)(f)
have in their possession
any controlled drug 
for any of the purposes set out in paragraphs (c), (d), or (e).
i.e for the purpose of supply

(Has control, knows posses, knows CD, willing to posses) (Cox)
(schedule 1,2,3 or analogue)
(intends purposes c,d or e)

Question 2

What are the two elements of Possession?

Answer 2

Physical Element:
Physical control over the drug; either actual or potential

Mental Elements: (Knowledge and Intention)
Knowledge that it is in his possession (often inferred or presumed)
Knowledge that it is a controlled drug
Intention - the willingness to possess

Question 3

What is meant by Potential Custody or Control?

And what section would you refer to?

Answer 3

Section 2(2)
"...anything subject to his control which is in the custody of another"

Question 4

Section 2(2)

Answer 4

“…anything subject to his control which is in the custody of another”

Question 5

Does physical custody presume concurrent knowledge of the contents?

Answer 5

Yes. Unless real doubt arises. Julian v Green.

Question 6

Is forgetting that you have possession a defense?

Answer 6

Yes. According to Martin the accused no longer had the requisite knowledge.

Question 7

What case law applies to Possession?

Answer 7

R v Cox
Possession involves two elements:

The first, the physical element, is actual or potential physical control or custody.

The second, the mental element, is a combination of knowledge and intention: knowing in the sense of an awareness by the accused that the substance is in his possession and an intention to exerciser possession.

Question 8

Possession is:

Answer 8

(1) Knowledge that the drug exists in his possession
(2) Has an intention to possess it
(3) Has control over it (actual or potential)
(4) Knowledge that it is a controlled drug

Question 9

For the purposes… Means?

Answer 9

Purpose equates to “Aim” or “Intention” to supply

Question 10

Intent

Answer 10

a DELIBERATE ACT for a SPECIFIC RESULT

Question 11

Proving Intent

Circumstantial evidence from which an offender’s intent may be inferred can include:

Answer 11

(1) the offenders actions and words before, during and after the event
(2) the surrounding circumstances
(3) the nature of the act itself

Question 12

In drug cases additional evidence of intent to supply may be inferred from:

Answer 12

(1) admissions
(2) circumstantial evidence (packaging, scales, large amounts of cash, tick lists etc)
(3) the statutory presumption under section 6(6)

Question 13

Is quantity relevant?

If so, what case law deals with quantity and which sections of the Act deal with quantity?

Answer 13

Yes. If it is a minute and useless residue then the offense is not complete. Emirali.

Schedule 5 lists the presumptive amounts

6(6) refers to presumption of possession for offenses against paragraphs c,d and e of 6(1) and section 9 if they have a quantity at or above the amount presumed fro supply.