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
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
Appeal from conviction of possession of an imitation firearm with intent to cause fear of violence, contrary to section 16A of the Firearms Act 1969 and two offences of possession of a controlled drug of Class A, cocaine and diamorphine, with intent to supply, contrary to section 5(3) of the Misuse of Drugs Act 1971. … Continue reading Thomas v Regina: CACD 25 Mar 2020
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
The court considered the meaning of ‘supply’ under the 1971 Act: ‘Thus we are driven back to considering the word ‘supply’ in its context. The judge himself relied upon the dictionary definition, which is a fairly wide one. This court has been referred to the Shorter Oxford English Dictionary, which gives a large number of … Continue reading Regina v Delgado: CACD 1984
The word ‘cocaine’ when used in Part I of Schedule 2 to the Misuse of Drugs Act 1971 is used in the generic sense so that it includes the specific forms, derivatives or preparations of it which come within the wording of paragraphs 2 to 5 of Part I of the Schedule.Lawton LJ said: ‘It … Continue reading Regina v Greensmith: CACD 1983
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
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 . .
