Possession of Drugs in UK Law

Leading Cases
  • R v Grant
    • Court of Appeal
    • 27 Feb 1995

    If, on the other hand, the jury were to come to the conclusion that the presence of the money indicated not merely past dealing, but an ongoing dealing in drugs, then finding the money, together with the drugs in question, would be a matter which the jury could take into account in considering whether the necessary intent had been proved.

  • R v Lambert
    • House of Lords
    • 05 Jul 2001

  • R v Buswell
    • Court of Appeal
    • 12 Nov 1971

    But if you have got it in your custody and you put it in some safe place, and then forget you have got it, and discover a year or two later, when you happen to look in that particular receptacle that it is still there, it seems to this Court idle to suggest that during those two years it has not been in your possession. If it has not been in your possession, in whose possession has it been?

  • R v Delgado
    • Court of Appeal
    • 21 Nov 1983

    The word "supply" in the judgment of this Court, in section 5(3) of the Act covers a similarly wide range of transactions. A feature common to all of those transactions is a transfer of physical control of a drug from one person to another. In our judgment questions of the transfer of ownership or legal possession of those drugs are irrelevant to the issue whether or not there was intent to supply.

  • Warner v Metropolitan Police Commissioner; R v Warner
    • House of Lords
    • 02 May 1968

    Whether he possessed them with an innocent or guilty mind or for a laudable or improper purpose is immaterial since he is not allowed to possess them. There is a very strong inference of fact in any normal case that a man who possesses a parcel also possesses its contents, an inference on which a jury would in a normal case be justified in finding possession. A man who accepts possession of a parcel normally accepts possession of the contents.

    The question, to which an answer is required, and in the end a jury must answer it, is whether in the circumstances the accused should be held to have possession of the substance, rather than mere control. In order to decide between these two, the jury should, in my opinion, be invited to consider all the circumstances—to use again the words of Pollock and Wright—the "Modes or events" by which the custody commences and the legal incident in which it is held.

  • R v McNamara
    • Court of Appeal
    • 12 Feb 1988

    That, in our judgment, establishes the necessary possession. They must also of course prove that the box in fact contained the drug alleged, in this case cannabis resin. If any of those matters are unproved, there is no case to go to the jury.

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Books & Journal Articles
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Law Firm Commentaries
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    • Mondaq UK
    • 27 de Junio de 2019
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    • Hogan Lovells
    • 14 de Junio de 2019
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