Chapman & Ors, R v (Rev 1)

Chapman & Ors, R v (Rev 1)

Nitrous oxide in the circumstances of these cases was not a medicinal product because it was manufactured and supplied for recreational use, not for medical or therapeutic purposes, and brought no beneficial effects to health. Therefore, it was not an exempted substance under the Psychoactive Substances Act 2016.

Parties
Respondent: Regina; Applicant: Sonny Chapman; Applicant: Abel Tesfay; Applicant: Nicholas Chroussis; Applicant: Armande Bryce
Jurisdiction
England and Wales
Judgment Date
01 November 2017
Procedural Posture
Criminal Appeal / Application for Permission to Appeal Against Conviction
Outcome
Applications for permission to appeal against conviction dismissed
Legal Topics
Psychoactive Substances Act 2016, Definition of Medicinal Product, Interpretation of Exempted Substances, Nitrous Oxide Regulation
Criminal Law Psychoactive Substances Act 2016 Definition of Medicinal Product Interpretation of Exempted Substances Nitrous Oxide Regulation

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Parties

Regina

Respondent

Sonny Chapman

Applicant

Abel Tesfay

Applicant

Nicholas Chroussis

Applicant

Armande Bryce

Applicant

Procedural Posture

Criminal Appeal / Application for Permission to Appeal Against Conviction

Legal Issues

  1. 1 Whether nitrous oxide is an 'exempted substance' under the Psychoactive Substances Act 2016 as a 'medicinal product' within the Human Medicines Regulations 2012
  2. 2 Whether the convictions for possession with intent to supply nitrous oxide are valid in law

Ratio Decidendi

Nitrous oxide in the circumstances of these cases was not a medicinal product because it was manufactured and supplied for recreational use, not for medical or therapeutic purposes, and brought no beneficial effects to health. Therefore, it was not an exempted substance under the Psychoactive Substances Act 2016.

Court Disposition

Applications for permission to appeal against conviction dismissed