Drug Dealing Flashcards
R v Maginnis
More than transfer of physical control.
Define: Administer
To direct and cause drug to be taken into the system of another person
Case Law: Offer to Supply
R v During
R v Brown
R v During
Ready on request to supply drug.
R v Brown
Offense of supply exists when offer is made with intention that it should be understood as genuine.
Define: Supply
Supply includes distribute, give and sell.
Define: Distribute
Supply to multiple.
Define: Give
Hand over to enable use.
Define: Sell
Exchange for valuable consideration.
Case Law: Supply
R v Maginnis
Class A Controlled Drugs
Methamphetamine
LSD
Heroin
Cocaine
Magic Mushroom
Class B Controlled Drug
Cannabis Oil
Ecstasy
MDMA
Morphine
Amphetamine
Class C Controlled Drug
Cannabis plant
Cannabis leaf
Define: Controlled Drug
SPAM & CDA
(Substance, preparation, mixture, article specific / controlled drug analogue)
R v Strawbridge
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.
Case law: Guilty Knowledge
R v Strawbridge
Guilty Knowlegde
(KKI)
Knew about offence
Knew the substance was a controlled drug
Intent to commit offence
R v Emerali
Possession doesn’t extend to some minute or useless residue.
Case law: Useable Quantity
R v Emerali
R v Forest and Forest
Best evidence possible adduced from prosecution regarding age (birth certificate and ID of that person named on certificate)
Case Law: Proving Age
R v Forest and Forest
Case Law: Posession
R v Cox
R v Cox
2 elements
- mental: custody / control
- physical: knowledge / intent
Define: Intent
Intention to commit the act
Intention to get a specific result
Elements: s6(1)(b), MODA 1975
Drug Dealing (Produce/Manufacture)
- no person shall
- produce OR manufacture
- any controlled drug
Elements: s6(1)(c), MODA 1975
Drug Dealing (Supply Class A or Class B)
- 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
Elements: s6(1)(d), MODA 1975
Drug Dealing (Supply Class C to under 18)
- 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
Elements: s6(1)(e), MODA 1975
Drug Dealing (Sell Class C to over 18)
- no person shall
- sell OR offer to sell
- any Class C Controlled drug
- to a person of OR who is 18 years of age
Elements: s6(1)(f), MODA 1975
Drug Dealing (Possession for Supply)
- 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
