CriminalPossession of drugs with intent to supply - involuntary custodier intending to return drugs to depositor - custodier having intent to supply.R v Panton: CA (Lord Justice Dyson, Mr Justice Richards and Judge Allen): 13 March 2001 The defendant was tried on an indictment alleging possession of controlled drugs with intent to supply them to another person.
His case at trial was that the drugs had been deposited with him and that: the deposit had taken place because of threats (duress being raised); and he had intended to return the drugs to the depositors.
The judge ruled that even if the defendant were an involuntary custodier of the drugs, if he had intended to return them to the persons who placed them in his custody he had an intention to 'supply' them; and he directed the jury accordingly.
The defendant was convicted.
He appealed.Mark Summers (assigned by the Registrar of Criminal Appeals) for the defendant.
Rosemary Burns (instructed by the Crown Prosecution Service, Maidstone) for the prosecution.Held, dismissing the appeal, that a custodier of drugs who intended to return them to the person who had given them to him had an intent to supply, whether or not he had received them voluntarily; and that since possession had been admitted and the jury had rejected the defence of duress, the offence was made out.
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