Drug Dealing

Question 1

R v Maginnis

Answer 1

More than transfer of physical control.

Question 2

Define: Administer

Answer 2

To direct and cause drug to be taken into the system of another person

Question 3

Case Law: Offer to Supply

Answer 3

R v During
R v Brown

Question 4

R v During

Answer 4

Ready on request to supply drug.

Question 5

R v Brown

Answer 5

Offense of supply exists when offer is made with intention that it should be understood as genuine.

Question 6

Define: Supply

Answer 6

Supply includes distribute, give and sell.

Question 7

Define: Distribute

Answer 7

Supply to multiple.

Question 8

Define: Give

Answer 8

Hand over to enable use.

Question 9

Define: Sell

Answer 9

Exchange for valuable consideration.

Question 10

Case Law: Supply

Answer 10

R v Maginnis

Question 11

Class A Controlled Drugs

Answer 11

Methamphetamine
LSD
Heroin
Cocaine
Magic Mushroom

Question 12

Class B Controlled Drug

Answer 12

Cannabis Oil
Ecstasy
MDMA
Morphine
Amphetamine

Question 13

Class C Controlled Drug

Answer 13

Cannabis plant
Cannabis leaf

Question 14

Define: Controlled Drug

Answer 14

SPAM & CDA
(Substance, preparation, mixture, article specific / controlled drug analogue)

Question 15

R v Strawbridge

Answer 15

Knowledge will be presumed if there is no evidence to the contrary. The accused need to prove they acted innocently AND had no knowledge to be acquitted.

Question 16

Case law: Guilty Knowledge

Answer 16

R v Strawbridge

Question 17

Guilty Knowlegde
(KKI)

Answer 17

Knew about offence
Knew the substance was a controlled drug
Intent to commit offence

Question 18

R v Emerali

Answer 18

Possession doesn’t extend to some minute or useless residue.

Question 19

Case law: Useable Quantity

Answer 19

R v Emerali

Question 20

R v Forest and Forest

Answer 20

Best evidence possible adduced from prosecution regarding age (birth certificate and ID of that person named on certificate)

Question 21

Case Law: Proving Age

Answer 21

R v Forest and Forest

Question 22

Case Law: Posession

Answer 22

R v Cox

Question 23

R v Cox

Answer 23

2 elements
- mental: custody / control
- physical: knowledge / intent

Question 24

Define: Intent

Answer 24

Intention to commit the act
Intention to get a specific result

Question 25

Elements: s6(1)(b), MODA 1975
Drug Dealing (Produce/Manufacture)

Answer 25

• no person shall
• produce OR manufacture
• any controlled drug

Question 26

Elements: s6(1)(c), MODA 1975
Drug Dealing (Supply Class A or Class B)

Answer 26

• no person shall
• supply OR administer OR offer to supply or administer OR otherwise deal in
• any Class A Controlled drug OR Class B Controlled drug
• to any other person

Question 27

Elements: s6(1)(d), MODA 1975
Drug Dealing (Supply Class C to under 18)

Answer 27

• no person shall
• supply OR administer OR offer to supply or administer
• any Class C Controlled drug
• to a person under 18 years of age

Question 28

Elements: s6(1)(e), MODA 1975
Drug Dealing (Sell Class C to over 18)

Answer 28

• no person shall
• sell OR offer to sell
• any Class C Controlled drug
• to a person of OR who is 18 years of age

Question 29

Elements: s6(1)(f), MODA 1975
Drug Dealing (Possession for Supply)

Answer 29

• no person shall
• have in his possession
• any controlled drug
• for any of the purposes set out in paragraphs (c) OR (d) OR (e) of s6(1), MODA 1975