Sell or offers to sell Class C to person of or over 18yrs Flashcards Preview

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Flashcards in Sell or offers to sell Class C to person of or over 18yrs Deck (11)
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1
Q

What is the act, section and penalty for sells or offers to sell class c to a person of or over 18yrs?

A
Section 6(1)(e) MODA 75 
8yrs
2
Q

What the 3 elements?

A
1 - Sells 
OR 
offers to sell
2 - Class C controlled drugs 
3 - To any person of or over the ages 18 yrs
3
Q

Sell?

A

Sell
- A sale occurs when a quantity or share in a drug is exchanged of some valuable consideration. Will commonly be money, but anything of value will suffice.

4
Q

Dealing with Controlled drugs?

A

Dealing with controlled drugs - S6(5) MODA 75
- If it is proved that a person has supplied a controlled drug to another person he shall until the contrary be deemed to have sold that drug to that person

5
Q

Offers?

A

Offers

- An express readiness to do something for or on behalf of someone

6
Q

Offers to Sell?

A

Offers to sell
- The prosecution must prove 2 elements Actus Rea and Mens Rea.
1 - the communicating of an offer to sell a controlled drug and (Actus rea)
2- an intention by the person that they believed the offer was genuine (Mens rea)

7
Q

After you have selected a sell or offers to sell what 3 points need to be covered?

A

Guilty knowledge

  • The Crown must prove
  • the defendant knew about the sale or offer to sell
  • knew the substance was a controlled drug
  • Intended to cause the sale or offer to sell

R v Strawbrigde
- It is not necessary to prove knowledge on the part of the accused. Knowledge will be presumed but if there is some evidence that the accused honestly believed on reason grounds that the act was innocent they are entitled to be acquitted unless the jury are satisfied beyond reasonable doubt that this is not so.

Police v Emeralli

  • For every drug offence the amount must be of a measurable and usable amount
  • Possessing a narcotic does not extent to some minute and useless residue of the substance.
8
Q

Explain Class C and Controlled drug?

A

Class C - S2 MODA 75
- Means any controlled drug specified or described in schedule 3 or this act and includes any controlled drug analogue.

Controlled drug - S2 MODA 75
- Means any substance, preparation or mixture specified or described in schedule 1,2 or 3 of this act and includes in controlled drug analogue.

9
Q

Explain person and how you would prove age?

A

Person
- Gender neutral proven by judicial notice or circumstantial evidence

R v Forrest and Forrest

  • The best evidence should be produced when proving the victim age.
  • In practise it generally involves producing the birth certificate along with independent evidence that IDs the victim as the person on the certificate.
10
Q

If you select sell what other point needs to be covered with this?

A

Sell

Dealing with controlled drug - S6(5) MODA75

11
Q

If you select a offer to sell what point needs to be covered with this?

A

Offers- Oxford dictionary

Offers to sell

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