Possession of a Controlled Drug For Supply / Administer / Sell / Offer

Question 1

Section

Answer 1

Section 6(1)(f) Misuse of Drugs Act 1975

Question 2

Penalty

Answer 2

Life / 14 years / 8 years Imprisonment

Question 3

Ingredients

Answer 3

1) Has in his possession
2) Any Controlled Drug
3) For any of the purposes set out in paras (c), (d) or (e)

Question 4

R v Cox (possession)

Answer 4

Possession involves two elements. The first, the physical element, is actual or potential physical custody or control. The second, the mental element, is a combination of knowledge and intention - knowledge in the sense of an awareness by the accused that the substance is in his possession and an intention to exercise possession.

Question 5

Possession

Answer 5

Possession may be actual or potential

Sec 2(2), Misuse of Drugs Act 1975

For the purposes of this Act, the things which a person has in his possession include any thing subject to his control which is in the custody of another.

Question 6

Actual Possession

Answer 6

The person actually has the drug in their custody or control

Question 7

Potential Possession

Answer 7

Potential possession arises when the person has the potential to have the thing in question in their control

Question 8

Any Controlled Drug

Answer 8

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

Sec 2 Misuse of Drugs Act 1975

Question 9

For any of the purposes set out in paras (c), (d) or (e)

Define ingredients with the following

Answer 9

.

Question 10

Sec 6(1)(c) Misuses of Drugs Act 1975

Answer 10

Supply or administer, or offer to supply or administer, any Class A controlled drug or Class B controlled drug to any other person, or otherwise deal in any such controlled drug;

Sec 6(1)(c), Misuse Drugs Act 1975

Question 11

Sec 6(1)(d) Misuse of Drugs Act 1975

Answer 11

Supply or administer, or offer to supply or administer; any Class C controlled drug to a person under 18 years of age.

Sec 6(1)(d) Misuse of Drugs Act 1975

Question 12

Sec 6(1)(e) Misuse of Drugs Act 1975

Answer 12

Sell, or offer to sell, any class C controlled drug to a person of or over 18 years of age.

Sec 6(1)(e) Misuse of Drugs Act 1975

Question 13

Must prove guilty knowledge

Answer 13

This will involve proof that the defendant:

• knew about the Possession, and
• knew the possessed substance was a controlled drug, and
• intended to carry out either (c), (d) or (e),

Question 14

Usable amount

Police v Emerali

Answer 14

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 15

Dealing with controlled drugs - Presumption

Answer 15

Sec 6 Misuse of Drugs Act 1975

For the purposes of subsection (1)(f), a person is presumed until the contrary is proved to be in possession of a controlled drug for any of the purposes in subsection (1)(c),(d), or (e) if he or she is in possession of the controlled drug in an amount, level, or quantity at or over which the controlled drug is presumed to be for supply (see section 2(1a)).

Question 16

R v Strawbridge

Answer 16

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.