Sells Or Offers To Sell Class C Controlled Drug To Persons Of Or Over 18 Years Of Age

Question 1

Name the Act and Section for Sells or Offers to Sell Class C Controlled Drug to Persons of or Over 18 Years of Age:

Answer 1

Section 6(1)(e) Crimes Act 1975

Question 2

Name the term of imprisonment for Sells or Offers to Sell Class C Controlled Drug to Persons of or Over 18 Years of Age:

Answer 2

8 Years

Question 3

Name the 3 ingredients for Sells or Offers to Sell Class C Controlled Drug to Persons of or Over 18 Years of Age:

Answer 3

1. Sells OR Offers to Sell
2. Class C Controlled Drug
3. To Any a Person Of or Over the Age of 18 Years Old

Question 4

Define Sell:

Answer 4

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

Question 5

Define Dealing with Controlled Drugs:

Section 6(5) Misuse of Drugs Act 1975

Answer 5

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 the controlled drug to that other person.

Question 6

Define Offers:

Oxford Dictionary

Answer 6

Express readiness to do something for on behalf of someone.

Question 7

Define Offers to Sell:

The prosecution must prove two elements:

Answer 7

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 8

Must prove guilty knowledge:

This will involve proof that the defendant: (3)

Answer 8

1. Knew about the sale/ offer, and
2. Knew the substance for sale/ offer was a controlled drug, and
3. Intended to cause the sale/ offer

Question 9

Police v Emerali

Answer 9

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.

Question 10

R v Strawbridge

Answer 10

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

Question 11

Define Class C Controlled Drug-

Section 2, Misuse of Drugs Act 1975

Answer 11

Means the controlled drug specified or described in Schedule 3 to this Act, and includes any controlled drug analogue.

Question 12

Define Controlled Drug:

Section 2, Misuse of Drugs Act 1975

Answer 12

Means any substance, predation, mixture or article specified or described in schedule 1, schedule 2, or schedule 3 to this Act and includes any controlled drug analogue.

Question 13

Define Person:

Answer 13

Gender neutral. Proven by judicial notice or circumstantially.

Question 14

Proving Age:

R v Forrest and Forrest

Answer 14

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

Question 15

Proving Age:

In practice this generally involves…

Answer 15

Producing the victims birth certificate in conjunction with independent evidence that identifies the victim as the person named in the certificate.