Sells or offers to sell any Class C controlled drug to a person over 18 years 6(1)(e) Flashcards

1
Q

Sells, or offers to sell Class C controlled drug to a person over 18 years

Act/ Section/ Elements

HIGHLIGHTED

A

MODA 1975, S6(1)(e)

  1. No person shall
  2. Sell or offer to sell
  3. Any class C controlled drug
  4. To a person of or over 18 years of age
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2
Q

Offers to sell - Definition

HIGHLIGHTED

A

Offer means to express readiness to do something for or on behalf of another. A sale occurs when a quantity or share in a drug is exchanged for some valuable consideration.

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3
Q

For the purpose of this offence, there is the presumption that in the. absence of evidence to the contrary, a drug supplied to a person over 18 years has been SOLD to that person.

What is the definition of this?

HIGHLIGHTED

A

MODA 1975, S6(5)

For the purpose of section (1)(e), 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.

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