Victoria Goldsmith v R
In a section 4A hearing under the Criminal Procedure (Insanity) Act 1964 for an offence of possession with intent to supply under section 5(3) Misuse of Drugs Act 1971, the jury is not permitted to consider the defendant’s intent to supply; their enquiry is limited to whether the defendant was in possession of a...
Source-derived case information.
- Parties
- Appellant: Victoria Goldsmith; Respondent: Rex
- Jurisdiction
- England and Wales
- Judgment Date
- 07 December 2024
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- Appeal dismissed
- Legal Topics
- Unfitness to Plead, Trial of Facts, Possession With Intent to Supply, Mens Rea, Actus Reus
Source-derived case record
Summary, issues, holding and outcome
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Parties
Victoria Goldsmith
Appellant
Rex
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether intent to supply forms part of the act charged in a section 4A Criminal Procedure (Insanity) Act 1964 trial for possession with intent to supply under section 5(3) Misuse of Drugs Act 1971
Ratio Decidendi
In a section 4A hearing under the Criminal Procedure (Insanity) Act 1964 for an offence of possession with intent to supply under section 5(3) Misuse of Drugs Act 1971, the jury is not permitted to consider the defendant’s intent to supply; their enquiry is limited to whether the defendant was in possession of a controlled drug, as intent to supply is the mens rea and not part of the actus reus for section 4A purposes.
Court Disposition
Appeal dismissed
Orders
- Hospital order under section 5(2)(a) Criminal Procedure (Insanity) Act 1964
- Forfeiture and destruction of drugs seized
Full Case Text
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