Sells or Offers To Sell Class C Controlled Drug To Persons Of or Over 18 Years Of Age Flashcards Preview

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Flashcards in Sells or Offers To Sell Class C Controlled Drug To Persons Of or Over 18 Years Of Age Deck (17):
1

Section

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

2

Penalty

8 Years

3

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

4

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.

5

Dealing with controlled drugs

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.

Sec 6(5) Misuses of Drugs Act 1975

6

OR
Offers to Sell

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

R v During

Offers to Supply

An offer is an intimation by the person charged to another that he is ready on request to supply to that other, drugs of a kind prohibited by the statute.

8

Offering to Supply

* offers to supply a drug that he has on hand
* offers to supply a drug that will be procured at some future date
* offers to supply a drug that he mistakenly believes he can supply
* offers to supply a drug knowing that he will not supply that drug

9

Must Prove Guilty Knowledge

This will involve proof the defendant:

1) knew about the supply / administering / offer and

2) knew that the supply / administering / offer substance was a controlled drug and

3) intended to cause the supply / administering / offer.

10

Useable Amount

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

11

Police v Emerali

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

12

R v Strawbridge

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.

13

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

14

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

15

Person

Gender Neutral. Proven by judicial notice or circumstantial evidence.

16

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.

17

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.