Supply/Administer/Offer to Supply or Administer Class A or B Controlled Drug Flashcards
Section
Section 6(1)(c) Misuse of Drugs Act 1975
Penalty
Life, 14 years Imprisonment
Ingredients
1) Supplies or Administers OR Offers to supply Or Offers to administer Or Otherwise deals in
2) Class A or B controlled drug
3) To any person
Supply
R v Maginnis
Supply
Includes to distribute, give or sell.
Sec 2, Misuse of Drugs Act 1975
Supply involves more than the mere transfer of physical control… it includes enabling the recipient to apply the thing… to purposes for which he desires.
R v Maginnis
Administers
Black’s 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.
Offers
Oxford dictionary
Express readiness to do something for or on behalf of someone.
Offers to supply
R v During
An offer is an intimation by the person charged to another that he is ready on request to supply to that other, drugs of a kind prohibited by the statute.
Offering to supply
R v Brown
- 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 deceitfully, knowing he will not supply that drug
Supply
Sec 2, Misuse of Drugs Act 1975
Includes to distribute, give or sell.
Otherwise deals in
The term otherwise deals in in paragraph (c) is aimed at dealing in a drug by some means other than by distributing, giving, or selling it, administering it or offering to supply or administer it.
Must Prove Guilty Knowledge
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.
Useable Amount
R v Emerali
In any drug offence, the quantity of the drug involved must be measurable and usable.
The serious offence of possessing a narcotic does not extend to some minute and useless residue of the substance.
R v Strawbridge
It is not necessary for the Crown to establish knowledge on the part ofthe 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.
Class A Controlled Drug
Means any controlled drug as specified or described in schedule 1 to this act.
Sec 2 Misuse of Drugs Act 1975
Class B Controlled Drug
Means any controlled drug as specified or described in schedule 2 to this act.
Sect 2 Misuse of Drugs Act 1975
