Section 6(1)(f) Possession Of Controlled Drugs For Supply Flashcards
Proving possession of controlled drugs required proof of two seperate elements what are they?
Physical element and mental element
Describe the physical element.
This element requires the physical custody or control over the drugs. This can be either actual or potential.
Actual control means - Person actually has the drug in their control i in their pocket or car.
Potential custody or control - Things which a person has in his possession include anything subject to his control which is in the custody of another. Ie storing drugs at mates place.
Describe the Mental element
This requires a combination of knowledge and intention.
Knowledge - an awareness by the accused that the substance is in his possession AND that what is in his possession is a controlled drug.
Intention - willingness to posses. The defendant must have intended to exercise possession.
What are the three components the provide knowledge or existence?
The defendant must be aware that they possess the substance
The defendant identifies the substance as a controlled drug, even if there is no substance to be analysed to prove their assertion
Physical custody presumes knowledge, unless otherwise proven.
In considering whether a person knows the qualities of a substance you need to establish that they?
- know 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
R v Cox
Possession involves two elements. The first, then physical element, is actual or potential physical custody or control. The second, the mental element, is a combination of knowledge and intention: knowledge in the sense of an awareness by the accused that the substance is in his possession and and intention to exercise possession.
To control means?
To exercise authoritative or dominating influence or command over it.
Where more than once person has access to drugs of saleable quantity they may be charged jointly with possession however in such situation you must prove what?
That there was a shared intention to sell the drugs.
Is it an offence to attempt to gain possession of a drug?
Yes, a charge which covers someone obtaining innocuous in the mistaken belief that it is a drug.
Ie - Attempt to commit an offence
Possession in drugs cases.
It is necessary for the Crown to prove that the defendant had?
- knowledge that the drug exists
- knowledge that it is a controlled drug
- actual physical control or some degree of control over it
- an intention to possess it
Give definition of intent
A deliberate act to get a specific outcome
Who need to prove the offenders intent and at what threshold?
The Crown must prove an offenders intent beyond reasonable doubt.
While an offenders admissions as to their intent are potentially good evidence it is good to support these with circumstantial evidence from which their intent can be inferred this can include?
The offenders actions and words before, during and after the event
The surrounding circumstances
The nature of the act itself
In drugs cases additional evidence of intent to supply may be inferred from ?
Admissions
Circumstantial evidence
The statutory presumption under section 6(6)
Section 6(6) is?
A person is presumed until the contrary is proved to be in possession of a controlled drug for any of the purposes in sections 6(1)(c)(d)and (e) if he/she is in possession of the controlled drug in an amount, level or quantity which the controlled drug is presumed to be for supply.
