Drug Offences 5

Question 1

S6(1)(d), MODA 1975

Answer 1

S6(1)(d), MODA 1975

Supply or administer,

or offer to supply or administer,

any Class C controlled drug to

a person under 18 years of age.

Question 2

S6(1)(e), MODA 1975

Answer 2

S6(1)(e), MODA 1975

Sell or offer to sell,

any Class C controlled drug to

a person of or over 18 years of age.

***Must prove Guilty Knowledge

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 3

Dealing with Controlled Drug – Presumption – s6(6) MODA 1975

Answer 3

Dealing with Controlled Drug – Presumption – s6(6) MODA 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 4

Definition - Wilful Blindness

Answer 4

Wilful Blindness -

In terms of proving guilty knowledge,

proof that the Defendant

deliberately turned a blind eye to the facts will suffice.

Question 5

Class A Controlled Drugs include:

Answer 5

Class A Controlled Drugs include:

• Cocaine
• Heroin
• Lysergide (LSD)
• Methamphetamine
• Psilocybine (found in magic mushroom)

Question 6

Class B Controlled Drugs include:

Answer 6

Class B Controlled Drugs include:

• Amphetamine
• Cannabis preparations (such as cannabis oil and hashish)
• GHB (Fantasy)
• MDMA (Ecstasy)
• Morphine
• Opium
• Pseudoephedrine

Question 7

Class C Controlled Drugs include:

Answer 7

Class C Controlled Drugs include:

• Cannabis plant
• Cannabis seeds
• Benzylpiperazine (BZP)
• Controlled Drugs analogue

Question 8

Proving Useable quantity

Answer 8

Proving Useable quantity -

While it is necessary that the amount of the controlled drug is of a useable quantity,

under section 29A it is not necessary

for the prosecution to prove that fact unless the Defendant puts the matter in issue.

Question 9

Cannabis Preparations – s29B MODA 1975

Answer 9

Cannabis Preparations – s29B MODA 1975

a. It shall be for the prosecution to prove that the preparation to which the charge relates contains any tetrahydrocannabinols
b. Subject to para (a) of this section, the preparation shall be deemed to have been produced by subjecting cannabis plant material to some kind of processing unless it is in a form that is clearly recognisable as plant material
c. Plant material means the whole or any part of the leaf, flower, or stalk of any plant (of whatever species)
d. The question of whether or not any preparation is in a form that is clearly recognisable as plant material shall, in the event of a dispute between the prosecutor and the Defendant, be determined by the jury (or Judge) by means of visual inspection unaided by any microscope or magnifying glass (other than spectacles ordinarily worn) or by any other device.

Question 10

Definition - Attempted Possession

Answer 10

Attempted Possession -

It is an offence to attempt to gain possession of a drug,

a charge which covers someone obtaining something innocuous

in the mistaken belief that it is a drug.

Demonstrated in R v Jay, when the Defendant

purchased hedge clippings believing it to be cannabis.