Sells or Offers to Sell Class C controlled drug to persons of or over 18 years of age

Question 1

Sells or Offers to Sell Class C controlled drug to persons of or over 18 years of age

Answer 1

Section 6 (1) (e), Misuse of Drugs Act 1975

Question 2

Penalty

Answer 2

8 years

Question 3

Elements

Answer 3

1. Sells OR Offers to Sell
2. Class C controlled drug
3. To any person of or over the age of 18 years old

Question 4

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 value will suffice.

Question 5

Dealing with Controlled Drugs

Answer 5

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. 
Section 6 (5) MODA 1975

Question 6

Offers

Answer 6

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

Question 7

Offers to Sell

Answer 7

the prosecution must prove two elements. 1) the communicating of an offer to sell a controlled drug (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

Answer 8

This will involve proof that the defendant:

• knew about the sale/offer;
• knew the substance for sale/offer was a controlled drug;
• and intended to cause the sale/offer.

Question 9

Police vs Emerali

Answer 9

In any drug offence the quantity of drug involved must be measurable and usable.

“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 the 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 was not so.

Question 11

Class C Controlled Drug

Answer 11

Means the controlled drugs specified or described in Schedule 3 to this Act and includes any controlled drug analogue.
Sec 2 MODA 1975

Question 12

Controlled Drug

Answer 12

Means any substance, preparation, mixture or article specified or described in Schedule 1, Schedule 2, or Schedule 3 of this Act and includes any controlled drug analogue.
Section 2, Misuse of Drugs Act 1975

Question 13

Person

Answer 13

Gender Neutral. Proven by judicial note or circumstantially.

Question 14

Proving Age - R v Forrest & Forrest

Answer 14

The best evidence possible in the circumstances should be adduced by the prosecution in proof of [the victim’s] age.
e.g birth cert in conjunction with independent evidence of the victims age.