Sell, or Offer to Sell, any Class C Controlled Drug to Person Of or Over 18 Years Flashcards Preview

CIB 011 - Drug Offences > Sell, or Offer to Sell, any Class C Controlled Drug to Person Of or Over 18 Years > Flashcards

Flashcards in Sell, or Offer to Sell, any Class C Controlled Drug to Person Of or Over 18 Years Deck (15)
Loading flashcards...
1

Section and penalty

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

8 years imp

2

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

3

Sell

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.

4

Dealing with controlled drugs

Presumption of sale

Sec 6(5) Misuses of Drugs Act 1975

For the purposes of paragraph (e) of subsection (1) of this section, if 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.

5

Offers

Express readiness to do something for or on behalf of someone

6

Offers to Sell

Prosecution must prove

The prosecution must prove two elements:

1) the communicating of an offer to sell a controlled drug (the actus reus)

and

2) an intention that the other person believes the offer to be genuine (the mens rea)

7

Must Prove Guilty Knowledge

This will involve proof the defendant:

1) knew about the sale / offer
and
2) knew that the substance for sale/offer was a controlled drug
and
3) intended to cause the sale/offer

8

R v Strawbridge

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.

9

Useable Amount

In any drug offence, the quantity of the drug involved must be measurable and useable.

10

Police v Emerali

The serious offence of possessing a narcotic does not extend to some minute and useless residue of the substance.

11

Class C Controlled Drug

Means any drug specified or described in Schedule 3 to this Act, and includes any controlled drug analogue.

Sec 2 Misuse of Drugs Act 1975

12

Controlled Drug

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

13

Person

Gender Neutral. Proven by judicial notice or circumstantial evidence.

14

R v Forrest and Forrest

Proving Age

The best possible evidence in the circumstances should be adduced by the prosecution in proof of the victim's age.

15

Proving Age

In practice, this generally involves producing the victim's birth certificate in conjunction with independent evidence that identifies the victim as the person named in the certificate.