Sell, or offer to sell, any class C controlled drug to any person of or over 18 years

Question 1

What is the act, section and punishment for ‘sell, or offer to sell, any class C controlled drug to any person of or over 18 years’

Answer 1

s6(1)(e) Misuse of Drugs Act 1975

8 years

Question 2

What are the elements of ‘sell, or offer to sell, any class C controlled drug to any person of or over 18 years’

Answer 2

1a) Sells
OR
1b) Offers to sell

2) Class C controlled drug
3) To any person of or over the age of 18 years old

Question 3

Explain the following element of ‘sell, or offer to sell, any class C controlled drug to any person of or over 18 years’:

1a) Sells

Answer 3

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

For the purposes of paragraph (e) of subsection (1) of this section if it is proved that a person has supplied a controlled drug to another person he shall, until the contrary is proved, be deemed to have sold that controlled drug to that other person. - s6(5) MODA 75

GUILTY KNOWLEDGE - STRAWBRIDGE
USEABLE QUANTITY - EMERALI

Question 4

Explain the following element of ‘sell, or offer to sell, any class C controlled drug to any person of or over 18 years’:

1b) Offers to sell

Answer 4

Offers:
Express readiness to do something for or on behalf of someone. - Oxford Dictionary.

Offers to sell:
The prosecution must prove two elements:
1. Actus: The communicating of an offer to sell a controlled drug.
2. Mens: An intention that the other person believes the offer to be genuine.

GUILTY KNOWLEDGE - STRAWBRIDGE
USEABLE QUANTITY - EMERALI

Question 5

Explain the following element of ‘sell, or offer to sell, any class C controlled drug to any person of or over 18 years’:

2) Class C controlled drug

Answer 5

Class C:
Means any controlled drugs specified or described in schedule 3 to this Act. - s2 Misuse of Drugs Act 1975

Controlled Drug:
Means any substance, preparation, mixture or article specified or described in schedule 1, 2 or 3 of this Act and includes any controlled drug analogue. - s2 Misuse of Drugs Act 1975

Question 6

Explain the following element of ‘sell, or offer to sell, any class C controlled drug to any person of or over 18 years’:

3) To any person of or over the age of 18 years old

Answer 6

Person:
Gender neutral, proven by judicial notice or circumstantially.

Proving age:
The best evidence possible in the circustances should be adduced in support of the victim’s age. - R v Forrest and Forrest

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

Question 7

Explain the requirements of ‘guilty knowledge’ and ‘useable quantity’ in relation to drug dealing.

Answer 7

Guilty Knowledge:
Proving guilty knowledge will involve proof that the defendant:
- Knew about the importation/exportation, and
- Knew the imported/exported substance was a controlled drug, and,
- Intended to cause the importation/exportation.

It is not necessary for the Crown to establish knowledge on the part of the accused. In the absence of evidence to the contrary knowledge will be presumed, but if there is some evidence that the accused honestly believed on reasonable grounds that their act was innocent, then they are entitled to be acquitted unless the jury is satisfied beyond reasonable doubt that this was not so. - R v Strawbridge.

Useable Amount:
In any drug offence the quantity of drug involved must be measurable and useable.

The serious offence of possessing a narcotic does not extend to some minute and useless residue of the substance. Police v Emerali