Supply/Administer/Offer to supply Class C Controlled Drug To Persons Under 18 Years Of Age

Question 1

Section

Answer 1

Sec 6(1)(d) Misuse of Drugs Act 1975

Question 2

Penalty

Answer 2

8 Years Imprisonment

Question 3

Ingredients

Answer 3

1) Supplies 
or 
Administers      
OR
Offers to supply
Or
Offers to administer 
Or 
Otherwise deals in

2) Class C Controlled Drug
3) To any person under the age of 18 years old

Question 4

Supply

R v Maginnis

Answer 4

Supply

Includes to distribute, give or sell.

Sec 2 Misuse of Drugs Act 1975

Supply involves more than the mere transfer of physical control. In includes enabling the recipient to apply the thing, to purposes for which he desires

Question 5

Administer

Answer 5

Blacks Law Dictionary

In the context of drug dealing, the appropriate meaning of administer is to direct and cause a drug to be taken into the system of another person.

Question 6

Offers

Answer 6

Oxford dictionary

Express readiness to do something for or on behalf of someone

Question 7

R v During

Answer 7

An offer is an intimation by the person charge to another that he is ready on request to supply to that other, drugs of a kind prohibited by the statute.

Question 8

R v Brown

Answer 8

• offers to supply a drug that he has on hand
• offers to supply a drug that will be procured at some future date
• offers to supply a drug that he mistakenly believes he can supply
• offers to supply a drug knowing that he will not supply that drug

Question 9

Otherwise deals in

Answer 9

The term otherwise deals in paragraph (c) is aimed at dealing in a drug by some other means other than by distributing, giving or selling it, administering it or offering to supply or administer it.

Question 10

Must Prove Guilty Knowledge

Answer 10

This will involve proof the defendant:

1) knew about the supply / administering / offer and
2) knew that the supply / administering / offer substance was a controlled drug and
3) intended to cause the supply / administering / offer.

Question 10

Usable amount

Police v Emerali

Answer 10

In any drug offence, the quantity of the drug involved must be measurable and useable.

The serious offence of possessing a narcotic does not extend to some minute and useless residue of the substance.

Question 11

R v Strawbridge

Answer 11

It is not necessary for the Crown to establish knowledge on the part of the accused. In the absence of evidence to the contrary knowledge on her part will be presumed, but if there is some evidence that the accused honestly believed on reasonable grounds that her act was innocent, then she is entitled to be acquitted unless the jury is satisfied beyond reasonable doubt that this was not so.

Question 12

Class C Controlled Drug

Answer 12

Means any drug specified or described in Schedule 3 to this Act, and includes any controlled drug analogue.

Sec 2 Misuse of Drugs Act 1975

Question 13

Controlled Drug

Answer 13

Means any substance, preparation, mixture or article specified or described in Schedule 1, Schedule 2 or Schedule 3 to this Act and includes any controlled drug analogue.

Sec 2 Misuse of Drugs Act 1975

Question 14

Person

To Any Person Under The Age Of 18 Years Old

Answer 14

Gender Neutral. Proven by judicial notice or circumstantial evidence.

Question 15

R v Forrest and Forrest

Answer 15

The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victim’s age.

Question 16

Proving Age

Answer 16

In practice, this generally involves producing the victim’s birth certificate in conjunction with independent evidence that identifies the victim as the person named in the certificate.