Aid abet counsel procure possession with intent to supply a controlled drug of Class A - other

Points to prove

• 1. Another person (the principal) had a controlled drug in his possession
• 2. The drug was a controlled drug of Class A
• 3. The principal intended to supply the drug to another in contravention of s 4(1) Misuse of Drugs Act 1971
• 4. The defendant aided, abetted, counselled or procured the commission of that offence by the principal
• 5. The defendant knew the essential circumstances of the principal's offence (possession of a controlled drug with intent to supply) and intended to assist or encourage its commission

Defences

• Statutory defence — s 28(2)/(3) MDA 1971 (applies to s 5(3) offences): the defendant proves he neither knew of nor suspected nor had reason to suspect the existence of some fact alleged by the prosecution which it must prove (e.g. that the substance was a controlled drug)

Mode of trial & maximum penalty

Either way — Summary: 6/12 months' imprisonment and/or a fine; Indictment: life imprisonment

Sources

• www.legislation.gov.uk/ukpga/1971/38/schedule/4
• www.legislation.gov.uk/ukpga/1971/38/section/5
• www.legislation.gov.uk/ukpga/1971/38/section/28
• www.legislation.gov.uk/ukpga/Vict/24-25/94/section/8