[2004] EWCA Crim 1147

The defendant's conviction for offering to supply heroin was safe as the offence was made out whether or not the offer was genuine. The prosecution did not have to prove mens rea in the sense of intention to make an offer of drugs that the offeree would believe to be genuine. Whether or not the words used constituted an offer was a matter of fact for the jury and the judge was right to refuse a submission of no case to answer.

CA (Crim Div) (Auld LJ, Elias J, Sir Edwin Jowitt)

29/03/2004