Sells or offers to sell class C to persons of or over 18 years

Question 1

Act and section

Answer 1

S6(1)(e) MODA 1975

Question 2

Penalty

Answer 2

8 years

Question 3

Ingredients

Answer 3

Sells or
Offers to sell
Any class c controlled drug
To any person of or over the age of 18 years

Question 4

Sells

Answer 4

A sale occurs when a quanity or share in a drug is exchanged for valuable consideration. Usually money or but anything of value will do.

Question 5

Offers to sell

Answer 5

Must prove two elements
1 the communication of an offer
2 an intention that the other person believes the offer to be genuine

R v Durring
A suggestion from one person to another that he is ready to supply drugs which are prohibited under statue

Offers drugs now
Offer drugs later
Offer drugs but can not
Offer drugs but will not

Question 6

Guilty knowledge

Answer 6

Must have proof the defendant
1 knew of the offer
2 Knew the offer was for drugs
3 intended to cause the offer

R v Strawbridge
If the accused believes on reasonable grounds that her act was innocent then she may be acquitted unless the jury is satisfied that it is not so.

Question 7

Useable amount

Answer 7

The must be a useable and measurable amount

R v Emerali
Possession of narcotics does not extend to a minute quanity

Question 8

Class C

Answer 8

S2 MODA 1975
A class c controlled drug is listed in schedule 3 of this act and also includes any controlled drug analogue

S2 MODA 1975
Controlled drug is any substance, mixture, perpetration or article as described in schedule 1 2 or 3 of this act and includes any controlled drug analogue.

S2 MODA 1975
Any substance that has a substantially similar structure to any controlled drug. There are some exceptions.

Question 9

Person of or over 18 years

Answer 9

Gender neutral etc

R v Forrest and Forrest
The best evidence should be adduced by the prosecution as to the age of the victim

The birth certificate along with independent evidence such as the mother or care giver.