Section 6(1)(f) - Possession of Controlled Drugs for Supply Flashcards
What do you need to prove possession?
Prove
- Physical Element
- Mental Element
What is Actual Custody or Control?
Ex) Drug found in pocket OR Drug found in Car that person has keys for.
What is Potential Custody or Control?
Ex) Person storing drugs at their friends house. A defendant can exercise control of property through an agent, however exercise of control must exist.
What is a definition of knowledge?
- Defendant must be aware that they have possession
- Defendant identifies the substance as a Controlled Drug, even if there is no substance to be anaylsed to prove their assertion.
What is a definition of knowledge?
- Defendant must be aware that they have possession
- Defendant identifies the substance as a Controlled Drug, even if there is no substance to be analyzed to prove their assertion.
- Physical custody presumes knowledge, unless otherwise proven
What is the definition of knowledge and intent?
- Knowledge they have the substance
- Know the substance’s nature or qualities
- Intend to use the substance in a way that allows you to charge them with possession.
What is knowledge of qualities?
It is assumed that the person knows the nature of their actions UNLESS they produce evidence that raises reasonable doubt about their guilty intent.
(R v STRAWBRIDGE) Ex) Mum not knowing the plants were cannabis plants.
What is lack of knowledge?
A genuine lack of awareness would exclude “knowing possession” and thereby intent.
What is lack of knowledge caused by memory lapse?
Martin v Police
- Forgotten 200 cannabis seeds in his boots. He remembers he placed them in 4x separate bags but forgotten about them.
- Argued that he shouldn’t be convicted.
Court of Appeal held - whether Defendant’s memory loss was complete OR whether the knowledge of seeds was not at the forefront of the defendant’s mind. Not established at initial trial - Court of appeal ordered a re-trial.
Proof of Possession - R v Cox?
R v Cox (1990)
Possession involves 2 elements. The first, the physical element, is actual or potential physical custody or control. The second, the mental element, combination of knowledge and intention. Knowledge in the sense of an awareness by the accused that the substance is in his possession and an intention to exercise possession.
What is control?
Control something means to exercise authoritative or dominating influence or command over it.
Possession in Drug Cases - What must the Crown prove?
- Knowledge that the drugs exist
- Knowledge that it is a controlled drug
- Actual physical control or some degree of control over it
- An intention to possess it
What are the two specific types of intention?
There must be an intention:
- To commit the act AND
- To get a specific result.
What is Intent (deliberate act)?
Intent means that act or omission must be done deliberately. The act or omission must be more than involuntary or accidential.
Proving Intent?
Onus is generally on the Prosecution to Prove an Offender’s intent BEYOND REASONABLE DOUBT.
