Sell Or Offer To Sell Any Class C Controlled Drug To Person Of Or Over 18 Years

Question 1

Section and Penalty

Answer 1

Section 6(1)(e) MODA 1975 - 8 Years Imprisonment

Question 2

Ingredients

Answer 2

• Sells OR offers to sell
• Any Class C controlled drug
• To a person of or over 18 years of age

Question 3

Define sell

Answer 3

A sale occurs when a quantity or share in a drug is exchanged for some valuable consideration. Will commonly be money anything of value will suffice.

Question 4

Dealing with controlled drugs - Presumption of sale

Answer 4

Section 6(5) MODA 1975
For the purposes of paragraph (e) of subsection (1) of this section, if it is proven that a person has supplied a controlled drug to another person, he shall until the contrary is proven be deemed to have sold that controlled drug to that other person.

Question 5

Define offers

Answer 5

Means to express readiness to do something for or on behalf of someone.

Question 6

In regards to “Offers to Sell” the prosecution must prove:

Answer 6

1. The communicating of an offer to sell a controlled drug (the actus reus)
   AND
2. An intention that the other person believes the offer to be genuine (the mens rea)

Question 7

To prove guilty knowledge will involve proving the defendant:

Answer 7

Knew about the sale/offer
AND
Knew that the substance for sale/offer was a controlled drug
AND
Intended to cause the sale/offer