Concerned in supply of cocaine

Points to prove

• 1. A controlled drug was supplied to another person in contravention of s 4(1) Misuse of Drugs Act 1971
• 2. The drug supplied was cocaine, a controlled drug of Class A
• 3. The defendant was concerned in the supplying of the drug, i.e. took some identifiable part in the supply
• 4. The defendant knew the nature of the enterprise, i.e. that it involved the supply of a controlled drug (R v Hughes (1985) 81 Cr App R 344)

Defences

• Statutory defence — s 28(2)/(3) MDA 1971 (applies to s 4(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)
• Supply authorised by regulations under s 7 MDA 1971 (e.g. pharmacist/practitioner acting under the Misuse of Drugs Regulations 2001) is not in contravention of s 4(1), so no offence is committed

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/schedule/2
• www.legislation.gov.uk/ukpga/1971/38/section/4
• www.legislation.gov.uk/ukpga/1971/38/section/28