Sell or Offer to Sell Class C

Question 1

SELLS

Answer 1

See the discussion earlier in this lesson note on selling. For the purposes of this offence, section 6(5) creates the presumption that, in the absence of evidence to the contrary, a drug supplied to a person over 18 years of age has been sold to that person.

Question 2

ANY CLASS C CONTROLLED DRUG

Answer 2

Paragraph (e) relates to Class C controlled drugs only.

Question 3

TO A PERSON OF OR OVER 18 YEARS OF AGE

Answer 3

Where the recipient of Class C controlled drugs is 18 years of age or over, it is only a drug dealing offence under section 6 if the drugs are sold or offered for sale to that person – note, however, that the supply of Class C controlled drugs to such a person not involving a sale may still incur liability under section 7.
As age is an essential element of a charge under paragraph (e) the prosecution must prove the age the person