Sell Class C to Person Over 18

Question 1

Section 6 (1) (e) - MODA 1975

Answer 1

Sell OR offer to sell
any Class C controlled drug
to a person of or over 18 years of age

Question 2

Define selling

Answer 2

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

Although the consideration will commonly be money, anything of value will suffice - for example exchanging a large quantity of cannabis for some real estate.

Question 3

Proof of age

Answer 3

Where age is an essential element of a charge, the prosecution must prove the victim’s age at the time of the alleged offence, using the best evidence available to do so.

In practice this generally involves producing the victim’s birth certificate in conjunction with independent evidence that identifies the victim as the person named in the certificate. eg. Parent

Question 4

R v Forrest and Forrest

Answer 4

The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victim’s age.