Onder 2.2.3. Hoge Raad 1 juli 2014

12. To satisfy its burden of proof and convict [betrokkene 1], [betrokkene 2] and [de opgeëiste persoon], on the charge contained in Count Two of the indictment, possession with the intent to distribute a controlled substance on board a vessel subject to the jurisdiction of the United States, the government, at trial, must establish the following elements: (1) that the defendant was on board a vessel and at that time possessed a controlled substance; (2) that the defendant did so with the specific intent to distribute the controlled substance; and that the defendant did so knowingly and intentionally. This statute further provides that jurisdiction of the United States with respect to a vessel subject to this statute is not an element of the offense. To prove possession of a controlled substance with intent to distribute, the government must demonstrate that the defendant knowingly and intentionally possessed a controlled substance and intended to distribute the controlled substance. The term "to possess" means to exercise control or authority over something at a given time. There are several types of possession, including constructive, sole, and joint. The "possession" is considered to be actual when a person knowingly has direct physical control or authority over something. The "possession" is called constructive when a person does not have direct physical control over something, but can knowingly control it and intends to control it, sometimes through another person. The "possession" may be knowingly exercised by one person exclusively which is called sole possession, or the "possession" may be knowingly exercised jointly when it is shared by two or more persons. To distribute means to deliver or transfer possession or control from one person to another. To find that the defendant had the intent to distribute, means that the defendant had in mind or planned in some way to deliver or transfer possession of control to someone else. In determining whether the defendant had the intent to deliver, consideration is given to all the facts and circumstances including, the defendant's words and actions, the quantity and purity of the controlled substance, the manner in which the controlled substance was packaged and the presence or absence of weapons, large amounts of cash or equipment used in the processing or sale of controlled substances. To act knowingly means that the defendant was conscious and aware that he was engaged in the act charged in the indictment. Knowingly does not mean that the defendant knew that the acts charged amounted to a crime. To act intentionally means to act deliberately and not by mistake. Intentionally does not mean that the defendant intended to violate the law. In deciding whether the defendant acted knowingly and intentionally, the law allows consideration of what the defendant said, what the defendant did or failed to do, how the defendant acted and all of the other facts and circumstances shown to prove what was in the defendant's state of mind at the time. Knowing and intentional participating in drug trafficking may be proved by circumstantial evidence. Factors that can establish this knowledge include length of the voyage, close relation and proximity of the crew, size and condition of the vessel, the quantity of drugs on board, value of the contraband, absence of valid vessel registration on board the vessel, absence of supplied or equipment necessary for vessel's legitimate use, vessel profile such as color or markings and the presence of large fuel tanks.

$ curl -s https://bron.page/api/v1/blobs/e23027c35a3d16a740f341ec1f073bcfe36f24c0f0ced7b5838e811628a2c678 | shasum -a 256