when is it intent to supply

feckinguards

Hi,

I'm wondering are there any guidelines when it comes to whether an amount of drugs is considered intent to supply, specifically cannabis.

IE. Is there a specific amount of a drug that has to be seized before it becomes intent to supply?

For example, lets say there is no evidence that person X is involved in the supply of drugs. During a search the gardai find 0.001g of cannabis stuck to the bottom of person X's shoe. Can they charge him with intent to supply?

johnnyskeleton

Edit: legal discussion not legal advice. Get a solicitor.

drunkmonkey

In that scenario no, this isn't Dubai.

Barrel

feckinguards wrote: »

The guard said to me in a phone call I luckily recorded

It's also against the law to record phone calls without the other persons consent ... see you in 20 years :pac:

drunkmonkey

Get a prescription from a Doctor for it and you'll be fine. A lot has changed since you left.

feckinguards

drunkmonkey wrote: »

Get a prescription from a Doctor for it and you'll be fine. A lot has changed since you left.

AFAIK we don't have proper medical cannabis in Ireland yet (it's only for people with MS), do we?

Bepolite

Barrel wrote: »

It's also against the law to record phone calls without the other persons consent ... see you in 20 years :pac:

Oh rly? O.o

dobman88

The Garda sounds like a bit of a dick tbh, let your solicitor look after it. It probably wont go to court if it was such a small amount but if it does go to court you will most likely have to pay to the overflowing "poor box" to avoid a conviction. It's a great money spinner for the courts.

I really doubt you will get any formal criminal conviction for that.

johnnyskeleton

Have you considered reading the charter and stop giving out pseudolegal advice?

dobman88

johnnyskeleton wrote: »

Have you considered reading the charter and stop giving out pseudolegal advice?

Me?? Where am I giving legal advice? I said let the persons solicitor look after it. Does that count? I then made a comment about a poor box. Does that count? I then said I would doubt he would get a criminal conviction. That is my opinion, not advice.

So what is the point to your post?

feckinguards

dobman88 wrote: »

The Garda sounds like a bit of a dick tbh, let your solicitor look after it. It probably wont go to court if it was such a small amount but if it does go to court you will most likely have to pay to the overflowing "poor box" to avoid a conviction. It's a great money spinner for the courts.

I really doubt you will get any formal criminal conviction for that.

Well TBH I wasn't really looking for legal advice about my case in particular, was mainly curious how the intent charged worked and if its common for people to be charged with supply for such little amounts. I understand now that yes you could technically be charged for intent regardless of the amount seized, its up to the judge to decide whether its intent or not 1g could be sufficient for supply in one case and 100g may not in another.

About the poor box thing, you would be surprised. I have friends who have received convictions for possession of as little as 1 joint, the papers also are full of names of people receiving convictions for ridiculous amounts, even according to my solicitor its actually quite difficult to avoid a conviction for possession when you enter a guilty plea, it's entirely up to the judge whether they feel like probation act applies or not, certain judges rarely (never) apply it. I don't mind about getting a possession charge, I did the crime I knew at the time that I could get a possesion charge for it, its a ridiculous charge for supply and a likely suspended sentence/community service that I definitely do not want!

the_syco

How much cash did you have on you at the time? From watching UK Police shows, over there if X person has some drugs and lots of money, they sometimes consider that the person may have been dealing. Again, this is only from watching UK Police shows.

feckinguards

the_syco wrote: »

How much cash did you have on you at the time? From watching UK Police shows, over there if X person has some drugs and lots of money, they sometimes consider that the person may have been dealing. Again, this is only from watching UK Police shows.

In my case in particular, not a penny, no phone, no scales, nothing else was found during the search other than a bag of weed.

its me_330

I got a conviction for possesion and all i had was a half smoked spliff. I proved through the courts i was no longer smoking with weekly tests for 4 weeks but still got a €200 fine for first offence. Its all down to the judge on the day.

Pro Hoc Vice

feckinguards wrote: »

Yes I was found in possession of a small amount of cannabis approx a year ago, have no idea how much it was but it was less than 10 grams anyways (I had bought 10 grams but much of it had already been consumed). Been living abroad, just came back for a while and now I'm staring at a summons for intent to supply. The guard said to me in a phone call I luckily recorded that it was because of the weight and that I didn't name the person I got it off. Solicitor is as baffled as me really and there is an investigation by the ombudsman pending so thats all I'm going to say.

Have no previous with gardai, never got into trouble.



Thats what I thought, but I was wondering if there was a guideline figure. Surely people found in possession of 10 grams aren't usually charged with supply?

So a member of AGS forms an opinion on intention to supply based on two bits of information 1 amount 2 refusal to name supplier. The Garda then prosecutes on that basis. (Not sure why ombudsman is involved) the matter will go to court depending on the Judge the charge will stick or it won't, it's really that simple, I can't see any issue with the Garda charging as he has.

dees99

Just as long as you didn't tell them the bag of weed was for your friend..

xtine123

i know this has nothing to do with this thread but wondered if somebody could enlighten me about this:

when you have been stopped by the guards and didn't have your license on you at the time and have to go to the guarda station to show your license and insurance slip do they input it into a computer system or how does this work? or do they just have a look at it?

Muahahaha

xtine123 wrote: »

i know this has nothing to do with this thread but wondered if somebody could enlighten me about this:

when you have been stopped by the guards and didn't have your license on you at the time and have to go to the guarda station to show your license and insurance slip do they input it into a computer system or how does this work? or do they just have a look at it?

They both inspect the license and they also input it into the system to register that you produced it. I guess if you don't show up within the 10 days they give you then the system will alert them to your no-show and then they will be looking for you quicker. By inputting it into the system they are telling it that you produced it in time and everything is ok.

downonthefarm

sorry you got busted dude,hopefully you wont get a judge with his finger on the trigger