Sale of drugs to a person over 18 (Section 6(1)(e) Misuse of Drugs Act 1975

Charge 1: Sale of drugs to a person over 18 years old under section 6(1)(e) 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 the substance in the plastic bags was cannabis?
	If no, find Mr Smith not guilty. If yes, go to question two.
2.	Are you sure that Mr Smith sold the cannabis to Ms Jones?
	If no, find Mr Smith not guilty. If yes, go to question three.
3.	Are you sure that Mr Smith knew the substance sold was a controlled drug or was reckless as to whether it was a controlled drug?
	[Note: The mental element of the offence is assumed in the absence of evidence suggesting otherwise. Therefore, this issue will only need to be put to the jury where the defendant has pointed to some evidence to raise the issue. If there is such evidence, the Crown is required to prove the mental element beyond reasonable doubt.] “Reckless” means that Mr Smith recognised that there was a real possibility that the substance sold was a controlled drug and, having regard to that possibility, his actions were unreasonable. “Unreasonable” actions are actions that a reasonable and prudent person would not have taken. If no, find Mr Smith not guilty. If yes, find Mr Smith guilty.