R v Wright [2011] EWCA Crim 139

Court: Court of Appeal

Facts: D was arrested and charged with possession of cannabis plants with intent to supply. However, the cannabis plants seized from D were in an immature state and not yet classified as a controlled Class B drug under the law. The question was whether D’s intent to supply could align with the actus reus of possessing a controlled substance, given the plants' immature state.

Held: The Court of Appeal quashed D’s conviction, ruling that there was no temporal concurrence between the actus reus (possession of cannabis plants) and the mens rea (intent to supply). The law concerned the end-product, not immature plants, and therefore, D could not be convicted based on the immature state of the cannabis plants.

💡Levelup: This case clarifies the importance of concurrence between mens rea and actus reus in drug offences, particularly in relation to the classification of substances.