6 (1)(c) Flashcards
CL: Definition of supply
R v Maginnis
Supply includes distribute, give or sell.
“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”
Definition of distribute
The term distribution relates to the supply of drugs to multiple people.
Example:
Dividing up meth into small quantities to distribute between several joint owners.
Definition of giving
Giving involves handing over or in some other way transferring an item to another person.
The act of giving is complete when the recipient accepts possession
Or where the drug is placed under the control of a willing recipient.
Definition of selling
A sale occurs when a quantity or share in a drug is exchanged for some valuable consideration.
Although the consideration will commonly be money, anything of value will suffice.
Definition of administering
Administering is distinguished from supplying in that it involves introducing a drug directly into another persons system.
Examples:
Injecting a person with heroin
Heating cannabis resin between 2 knives whilst another person inhaled the smoke
Causing a person to consume a date rape drug by slipping it into their drink without their knowledge.
CL: Definition of Offering to supply or administer
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 that are prohibited by the statute.”
What should prosecution prove when it comes to offering to supply or administer?
The communicating of an offer to supply or administer a controlled drug
(Actus reus)
An intention that the other person believes the offer to be genuine
(Mens rea)
CL: R v Brown
Offering to supply or administer
“The defendant is guilty in the following circumstances:
1) offers to supply a drug that he has on hand
2) offers to supply a drug that will be procured at some future date
3) offers to supply a drug that he mistakenly believes he can supply
4) offers to supply a drug deceitfully knowing he will not supply that drug”
CL: R v Brown
Offer to supply
“The making of such an intimation
With the intention that it should be understood as a genuine offer
Is an offence”
Definition of otherwise deals
This is when someone is dealing in a drug by some means other than
Distributing Giving Selling it Or Administering it Or Offering to supply or administer it.
Examples:
Barter
Exchange
Proving guilty knowledge
1) knew about the substance
2) knew the substance was a controlled drug
3) intended to cause the substance to be supplied
