Sells or Offers to sell Class C Controlled Drug to persons of or over 18 years of age Flashcards
Sells or Offers to sell Class C Controlled Drug to persons of or over 18 years of age - section and ingredients
Section 6(1)(e) of MODA 1975 - 8 years
- Sells OR Offers to Sell
- Class C Controlled Drug
- To any person of or over the age of 18 years old
What constitutes sell (a sale)
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
what is presumed if it is proven that person A has supplied a controlled drug to person B
It is presumed that person A sold the controlled drug to person B, until the contrary is proven
What elements must the prosecution prove for offers to sell
They must prove 2:
- the communicating of an offer to sell a controlled drug (the actus reus) AND
- an intention that the other person believes the offer to be genuine (mens rea)
R v During on offers to supply
An offer to supply 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 statute
R v Brown on 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
What proof is required for “guilty knowledge”
Proof that the defendant:
- knew about the produce/manufacturing, AND
- knew the produce/manufacturing, substance was a controlled drug AND
- intended to cause the produce/manufacturing
In any drug offence the quantity of drug involved must be …… and …….
measurable and useable
Police v Emerali on quantity
The serious offence of possessing a narcotic does not extend to some minute and useless residue of the substance
R v Strawbridge on establishing the knowledge of the accused
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 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
Class C controlled drug definition under section 2 of MODA 1975
Means the controlled drugs specified or described in Schedule 3 to this Act, and includes any controlled drug analogue
R v Forrest and Forrest on proving age
The best evidence possible in the circumstances should be adduced by the prosecution to prove the victims age
This generally means producing the victims birth certificate in conjunction with independent evidence identifying the victim as the person on the certificate
