Permitting premises (Section 12 Misuse of Drugs Act 1975)
Charge 1: Permitting premises to be used for the sale of cannabis under section 12 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. This is called the standard of proof. It means that you must be sure that each element is proved.
| 1. | Are you sure that the Brown Street premises were used for the sale of cannabis between 1 January 2019 and 1 July 2019? |
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If no, find Mr Smith not guilty. If yes, go to question two. |
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| 2. | Are you sure that Mr Smith knew that there were sales of cannabis from the Brown Street premises between 1 January 2019 and 1 July 2019? |
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Mere suspicion or reasonable grounds for suspicion will not do, although knowledge may be inferred from wilful blindness to suspicious circumstances. If no, find Mr Smith not guilty. If yes, go to question three. |
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| 3. | Are you sure that Mr Smith permitted such sales? |
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“Permits” means that Mr Smith had control or a share of control over the premises and he failed to take reasonable steps that were available to him to stop the sales. If no, find Mr Smith not guilty. If yes, find Mr Smith guilty. |