Sells or Offers to sell Class c Controlled Drug to persons of or over 18 years of age Flashcards
Section
Section 6(1)(e), Misuse of Drugs Act 1975
Penalty
8 years
Ingredients
1) Sells OR Offers to sell
2) Class C controlled Drug
3) To Any person of or over the age of 18 years old
Sell
A sell 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.
Dealing in controlled drugs
For the purpose of paragraph (1) and subsection(e)
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 MODA 1975
Offers to sell
Prosecution must prove
- The communication of an offer to sell a controlled drug (the actus reus) and
- An intention that the other person believes the offer to be genuine (the mens rea)
R v During
An offer is..an intimation by the person charged to another that he is ready on request to supply to that other, drugs of a kind prohibited by the statue.
R v Brown
Offering to supply
- Offers to supply a drug that he has on hand
- Offers to supply a drug that will be procured at some future date.
- Offers to supply a drug that he mistakenly believes he can supply
- Offers to supply a drug deceitfully, knowing he will not supply that drug.
Must prove knowlege
Knew about the supply/administering/offer and
- knew the supply/administering/offer substance was a controlled drug and
- intended to cause supply/administering/offer
What is the case law for quantity
R v Emerali
What is the case law for knowledge
R v Strawbridge
Class C
Schedule 3 MODA 1975
Controlled drug
Schedule 1,2,3 MODA 1975
Proving age
R v Forrest v Forrest
Birth Cert + independent evidence that identifies the victim as the person name on the birth cert
