Possession of a precursor substance (Section 12A(2)(b) Misuse of Drugs Act 1975)
Charge 1: Possession of a precursor substance under section 12A(2)(b) of the Misuse of Drugs Act 1975
The Crown must prove each element of the offence. That is called the burden of proof. The Crown carries that burden. Also, the Crown must prove each element beyond reasonable doubt. That is called the standard of proof. It means that you must be sure that each element is proved.
| 1. | Are you sure that Mr Smith had 100 tablets of Sudafed in his possession? |
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To have possession of Sudafed, Mr Smith must: (a) Have been aware of where the Sudafed was; and (b) Have been aware that the tablets were Sudafed; and (c) Have had control of the Sudafed, either through personal or shared custody or by having the ability to direct another who had personal custody; and (d) Have intended to exercise personal or shared control over the Sudafed. If no, find Mr Smith not guilty. If yes, go to question two. |
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| 2. | Are you sure that the tablets contained pseudoephedrine? |
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If no, find Mr Smith not guilty. If yes, go to question three. |
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| 3. | Are you sure that Mr Smith intended that either he or someone else would use the tablets to produce or manufacture methamphetamine? |
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If no, find Mr Smith not guilty. If yes, find Mr Smith guilty. |