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Lesson 1, Topic 77
In Progress

Possession

Section 3 of CDA 1971 covers the possession or control of property with the intention to use, or allow another to use, the property to commit an offence under section 1 of the Act without a lawful excuse.

AR = Possession or control of the property.

MR = Intention to use the property in possession or control for the purpose of s1 CDA 1971.

In R v Buckingham [1976], the judges confirmed that it was sufficient to convict a defendant on the basis of “conditional intent” (i.e., the intention to commit an offence only in a situation where they have no alternative options).

Section 4 of the Act also confirms that this offence carries a maximum custodial sentence of up to 10 years.