Two counts of being concerned in the supply of class A drugs, contrary to section 4(3)(b) of the Misuse of Drugs Act 1971 – 59 months’ imprisonment Judges: Lady Justice Carr DBE Mr Justice Wall Her Honour Judge Dhir QC Citations: [2022] EWCA Crim 83 Links: Bailii Jurisdiction: England and Wales Criminal Sentencing Updated: 07 … Continue reading Morar, Regina v: CACD 28 Jan 2022
A short point as to the direction given in respect of an offence charged under section 4(3)(b) of the Misuse of Drugs Act 1971, namely being concerned in supplying a controlled drug, here a class A drug, to another. Citations: [2019] EWCA Crim 420, [2019] WLR(D) 135 Links: Bailii, WLRD Statutes: Misuse of Drugs Act … Continue reading Coker, Regina v: CACD 28 Feb 2019
The defendant appealed against conviction for possession of controlled substances with intent to supply. He said that he had imported the substances (Class C controlled drugs and counterfeit medecines) but had intended to supply them overseas only. Held: The appeal succeeded. The offence was committed only where the supply was within the jurisdiction. If the … Continue reading Regina v Hussain, S: CACD 28 Jan 2010
On a charge allowing premises to be used for the supply of drugs, the defendant’s belief that he had taken sufficient steps to prevent drugs being supplied, was not a sufficient defence. The standard to be applied was the jury’s assessment, not that . .
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The court considered the burden of proof placed on the prosecution under s28 of the 1971 Act. Held: ‘Subsections (2) and (3) of Section 28 are both designed to come into play at a stage when the Crown have proved all that they need to prove in order to establish guilt either of a contravention … Continue reading Salmon and Moore v Her Majesty’s Advocate: HCJ 13 Nov 1998
Citations: (1977) 65 Cr App R 67 Statutes: Misuse of Drugs Act 1971 28(2) Jurisdiction: England and Wales Cited by: Cited – Salmon and Moore v Her Majesty’s Advocate HCJ 13-Nov-1998 The court considered the burden of proof placed on the prosecution under s28 of the 1971 Act. Held: ‘Subsections (2) and (3) of Section … Continue reading Regina v Ashton-Rickhardt: CACD 1977
Citations: 1983 SLT 121 Statutes: Misuse of Drugs Act 1971 28(2) Cited by: Cited – Salmon and Moore v Her Majesty’s Advocate HCJ 13-Nov-1998 The court considered the burden of proof placed on the prosecution under s28 of the 1971 Act. Held: ‘Subsections (2) and (3) of Section 28 are both designed to come into … Continue reading McKenzie v Skeen: HCJ 1983
In order to establish possession of a controlled drug the Crown merely had to prove that the appellant had the bag in his possession and that the bag in fact contained a controlled drug, in this case cocaine. Thereafter the burden was cast upon the appellant to bring himself within section 28 and prove, on … Continue reading Regina v McNamara: CACD 1988
The applicant had had his premises searched. He sought to challenge the basis on which search warrant had been granted. He argued that under the Convention, it was necessary for the magistrates to provide a written record of the reasons for granting the warrant. Held: Where the information laid was itself sufficient to account for … Continue reading Cronin, Regina (on The Application of) v Chief Constable of South Yorkshire Police and Another: Admn 20 Nov 2002
The Chief Constable appealed against an award of pounds 750 made after a police officer serving a search warrant forgetfully failed to leave a copy with the occupier. Judges: Woolf LJ, Roch LJ, Cotton LJ Citations: [1997] EWCA Civ 2232 Links: Bailii Statutes: Misuse of Drugs Act 1971 23(3) Jurisdiction: England and Wales Cited by: … Continue reading Fisher and Another v Chief Constable of Cumbria Constabulary: CA 29 Jul 1997
Judges: Lord Carloway, Lord Bracadale, Sheriff Principal Lockhart Citations: [2012] ScotHC HCJAC – 104 Links: Bailii Statutes: Misuse of Drugs Act 1971 23, Criminal Justice and Licensing (Scotland) Act 2010 Scotland, Crime Updated: 04 November 2022; Ref: scu.463741
A conviction under section 8(b) for permitting premises to be used for the supply of controlled drugs was correct without evidence of knowledge of the particular drug supplied even though particular drugs were named in the indictments. The section made no distinction. The sentence was however reduced. Judges: Mantell LJ, Gray J, David Clarke QC … Continue reading Regina v Bett: CACD 12 Oct 1998
On a charge of possession of a class A controlled drug with intent to supply, it was necessary for the prosecution to show the possession of a controlled drug, but not necessarily to prove which drug within the class was possessed. The prosecution must show an intention to supply the substance found even if the … Continue reading Regina v Leeson: CACD 2 Nov 1999
Court gives guideline sentencing for import of substantial quantities of LSD (10 years or more); how to measure. Citations: Times 03-Oct-1997 Statutes: Misuse of Drugs Act 1971 4(1) Jurisdiction: England and Wales Criminal Sentencing Updated: 11 October 2022; Ref: scu.86913
The ‘production’ of cannabis included the stripping off of leaves after harvesting. Citations: Times 03-Aug-1995 Statutes: Misuse of Drugs Act 1971 37(1) Jurisdiction: England and Wales Crime Updated: 08 October 2022; Ref: scu.86814
The defendant appealed against a confiscation order made on his plea to charges of possession of drugs with intent to supply. The Crown had served its statement under section 16 of the 2002 Act, but it was 14 months’ late. Judges: Jackson LJ, Mitting, Jay JJ Citations: [2015] EWCA Crim 305, [2015] 1 WLR 4149, … Continue reading Guraj, Regina v: CACD 6 Mar 2015
(Trinidad and Tobago) A police officer had unjustifiably roughed up, arrested, taken to the police station and locked up Mr Ramanoop, who now sought constitutional redress, including exemplary damages. He did not claim damages for the nominate torts that had certainly been committed. Counsel for the Attorney General submitted that constitutional redress, in so far … Continue reading Attorney General of Trinidad and Tobago v Ramanoop: PC 23 Mar 2005
The defendant was charged with obstructing a police officer under the 1971 Act. The jury was given a majority direction, but when brought back to court about two hours later, at 3.16 pm, they had still been unable to reach a decision. The judge then told the jury that there was no need to rush, … Continue reading Regina v Russell: CACD 20 Mar 1984
The defendant appealed his conviction after he was found to have offered to supply a controlled drug. At his trial he had claimed that he had not intended to supply the drug. Held: The appeal failed. The trial judge had correctly directed the jury that it was no defence to show that he had not … Continue reading Regina v Goodard: CACD 25 Feb 1992
The defendant appealed a conviction for possession of drugs. Having found himself in possession of some cannabis, he had dug a hole in the ground and buried it. He appealed an order from the judge that he was not entitled to rely on the defence of having destroyed it. Held: The judge was correct. It … Continue reading Regina v Murphy: CACD 18 Jun 2002
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014
The defendant sought judcial review of a decision that he should stand trial on a charge of producing cannabis. He said that having been offered and having refused a caution three times, it was an abuse of process now to prosecute him. He said that the cannabis would have been for his own personal and … Continue reading Stratton, Regina (On the Application of) v Waltham Forest Magistrates Court: Admn 1 Jul 2009
Each defendant appealed against convictions associated variously with the cultivation or possession of cannabis resin. They sought to plead medical necessity. There had been medical recommendations to move cannabis to the list of drugs which might be prescribed by a doctor, but this had been rejected. Held: The appeals failed. There was no over-arching principle … Continue reading Quayle and others v Regina, Attorney General’s Reference (No. 2 of 2004): CACD 27 May 2005
The defendants were to stand trial for drugs offences, but raised a devoltion issue as to the use of police surveillance products gathered under the 2000 Act. They said that the authorisation to carry out the surveillance had been granted on insufficient detail as required under the 2000 Act, infringing their right to a fair … Continue reading Gilchrist and Another v Her Majesty’s Advocate: HCJ 24 Aug 2004
The defendant appealed against her conviction saying that the Sheriff’s admission of certain evidence was a breach of her human rights. A telephone call from prison had been intercepted (routinely), from which the police had anticipated the importation of drugs to the prison by the defendant. Held: The interception was allowed under the 1989 Act, … Continue reading Dudley v Her Majesty’s Advocate: HCJ 7 Feb 2003
PC High Court of Justiciary (Scotland) The defendant said that a trial under the section infringed his right to a fair trial, because of a ten month delay by the prosecutor. On arrest he had been recalled to serve the remainer of a sentence, and served longer than the 110 day maximum before his case … Continue reading Gary Follen v Her Majesty’s Advocate: PC 8 Mar 2001
(Cayman Islands) The Attorney General appealed against the overturning of a conviction of the defendant for the supply of drugs. A substance had been found under a stone in the defendant’s yard, which had been certified to contain cocaine hydrochloride. The defendant challenged the assertion that this proved the case. Notice of the intention to … Continue reading The Attorney General for the Cayman Islands v Roberts: PC 21 Mar 2002
Opium has a considerably lower street value than other class A drugs, including particularly heroine and cocaine. Sentences for possession with intent to supply must reflect this lower value. On a contested case involving 40kg would be 14 years and upwards, and for 4kg was 10 years and upwards. Though equally harmful in principle, there … Continue reading Regina v Behrooz Mashaollahi: CACD 25 Jul 2000
The defendant and another had vitamin C tablets which were believed to be ecstacy. The defendant was arrested on trying to sell a tablet. He appealed a conviction for conspiracy to offer to supply a controlled drug. Held: The appeal failed. The offence was committed on the making of the offer, and irrespective of whether … Continue reading Regina v Gill: CACD 21 Dec 1992
An offence charged was a contravention of the 1971 Act. Observing that the criminal enterprise with which the appellants were concerned was the whole network or chain of supply, right up to the end of the chain where the harmful effects were to be felt, the court. Held: ‘The underlying mischief at which these provisions … Continue reading Clements v HM Advocate: 1991
The appellant had been convicted of assaulting a female police officer in the course of her duty when attempting to search her at a police station under section 23(2). She said that the police officers had not been acting in the execution of their duty because a search imposed a restraint on a person’s freedom … Continue reading Brazil v Chief Constable of Surrey: QBD 1983
The court discussed the nature of a document as applied to an electronic notebook seized under the 1971 Act: ‘It seems to us that the essential essence of a document is that it is something containing recorded information of some sort. It does not matter if, to be meaningful, the information requires to be processed … Continue reading Rollo v HM Advocate: 1997
The court head a renewed application in person for leave to appeal a conviction for producing cannabis. The defendant sought to rely on a defence of necessity, saying that cannabis was the only way available to him to control the pain of his multiple sclerosis. The judge had been invited to rule whether, as a … Continue reading Regina v Brown: CACD 2003
The appellant had been convicted under the 1952 Act of being knowingly concerned in the fraudulent importation of controlled drugs. She was sentenced to imprisonment on her plea. More than three months later, application was made to forfeit the money found on arrest. The court inferred that the whole of the money had been provided … Continue reading Commissioners of Customs and Excise v Menocal: HL 1979
The laws against the misuse of cannabis did not infringe the defendant’s human rights to freedom of religion. The defendant asserted that his use of cannabis was in accordance with the exercise of his Rastafarian religion. In the light of international convention, it could be seen that the control of the use of marijuana could … Continue reading Regina v Taylor (Paul Simon): CACD 23 Oct 2001
The defendant appealed against his conviction for being an occupier of premises used for smoking cannabis. The Appellant lived at the premises together with his common law wife and children as a family. On the facts the magistrates found that the nature, extent and degree of the Appellant’s possession was sufficient to find that he … Continue reading Read v Director of Public Prosecutions: Admn 20 Jun 1997
The section recognised the inherent danger of supplying a drug to the public, where neither the supplier nor the recipient could know the danger of ingesting it. Ketamine, intended for horses, was not a controlled drug under the Misuse of Drugs Act 1971, and there were no sentencing guidelines available. In this case, in the … Continue reading Regina v Sabeddu: CACD 30 Nov 2000
In the supply of drugs, rather than possession, the defendant asserted that his consent to acting to take care of the drugs, was given only under duress. Consent was not required of both parties. Supply was to be given its ordinary meaning, and according to the context. Beyond mere transfer was required only that the … Continue reading Regina v Panton: CACD 27 Mar 2001
The defendant sought judicial review of his caution for possession of cannabis, saying that it went again the national guidance against such decisions after the reclassification of cannabis as a Class C banned substance. He had been arrested for a more serious allegation which could not be proved. Held: If the policy said that no … Continue reading Mondelly, Regina (on the Application of) v the Commissioner of the Police for the Metropolis: Admn 29 Sep 2006
The claimant sought an order quashing a search warrant, and for damages. The officer had said that he had evidence that the claimants were storing an distributing from the premises large quantities of counterfeit goods and drugs. Held: The warrants were unlawful, in that the magistrates had applied the wrong test for their issue, in … Continue reading Global Cash and Carry Ltd, Regina (on The Application of) v Birmingham Magistrates’ Court and Others: Admn 19 Feb 2013
Consultation to be Early and Real Listening The claimant was severely disabled as a result of a road traffic accident. She and others were placed in an NHS home for long term disabled people and assured that this would be their home for life. Then the health authority decided that they were in need of … Continue reading Regina v North and East Devon Health Authority ex parte Coughlan and Secretary of State for Health Intervenor and Royal College of Nursing Intervenor: CA 16 Jul 1999
[2015] EWCA Crim 1268, [2015] WLR(D) 252 Bailii, WLRD Misuse of Drugs Act 1971 4(1) England and Wales Criminal Sentencing Updated: 12 January 2022; Ref: scu.561468
Defendants had been convicted of offences involving supply of cannabis and cocaine, including the evasion of import controls and conspiracy. The sentences were appealed as too lenient. Held: Where a prosecutor was aware that a plea of guilty was being entered because a defendant expected to have a particular sentence passed (in that case a … Continue reading Attorney General’s Reference (Number 8 of 2004) (Dawson and Others): CANI 15 Apr 2005
Lord Justice Popplewell, , Mr Justice Spencer, , His Honour Judge Kearl QC Recorder of Leeds [2021] EWCA Crim 1921 Bailii Misuse of Drugs Act 1971 4(3)(b) England and Wales Criminal Sentencing Updated: 02 January 2022; Ref: scu.670485
Lord Brodie [2015] ScotHC HCJAC – 26 Bailii Misuse of Drugs Act 1971 5(2) Scotland, Crime Updated: 28 December 2021; Ref: scu.544196
The defendant had been convicted of an offence of supplying drugs whilst on licence for a similar offence. The court considered a request for an order under the 2002 Act. Lord Boyd of Duncansby [2014] ScotHC HCJ – 112 Bailii Criminal Procedure (Scotland) Act 1995 76, Misuse of Drugs Act 1971 4(3)(b), Proceeds of Crime … Continue reading HM Advocate v McAllister: HCJ 7 Oct 2014
Restraint on Interference with Burden of Proof The defendant had been convicted for possessing drugs found on him in a bag when he was arrested. He denied knowing of them. He was convicted having failed to prove, on a balance of probabilities, that he had not known of the drugs. The case was heard before … Continue reading Regina v Lambert: HL 5 Jul 2001
The defendant appealed against his conviction for growing cannabis with intent to supply. He was found to have 35 plants and appropriate equipment for preparing the produce for division and supply. He said that since the plants had no flowering . .
The defendant had been accused of attempting to import controlled drugs, but the substances actually found were not in fact a controlled drug, though he had believed and intended them to be. He appealed saying that he should not be conviced of an . .
The defendant appealed against his conviction of obstructing police officers under section 23(4) of the 1971 Act. . .
Appeal from conviction for supply of controlled drugs . .
