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
Citations:
Times 11-Nov-1998, Gazette 25-Nov-1998, [1998] EWCA Crim 2875
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Shivpuri HL 15-May-1986
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 . .
Cited – Regina v Souter CACD 1971
The word ‘permitting’ connotes knowledge of that which is said to be permitted. . .
Cited – Regina v Thomas and Thomson 1976
The word ‘suffers’ adds nothing to to the word ‘permits’ in the context of preises being used for the consumption of unlawful drugs, since each carries the same meaning. . .
Cited – Regina v Courtie HL 1984
The House considered how to frame an indictment in a case of buggery where the prescribed punishment differed depending on the particular factual ingredients.
Held: Lord Diplock said: ‘Where it is provided by a statute that an accused person’s . .
Cited – Warner v Metropolitan Police Commissioner HL 1968
The appellant had been convicted of an offence contrary to section 1 of the 1964 Act, of having been found in possession of drugs.
Held: (Reid dissenting) The prosecution had only to prove that the accused knew of the existence of the thing . .
Cited – Regina v Hussain CACD 1969
The only mens rea necessary for proof of any offence of importing drugs was the knowledge that the goods were subject to a prohibition on importation. The accused must know ‘that what is on foot is the evasion of a prohibition against importation . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 25 October 2022; Ref: scu.86125