Liability 6(1)(c) Flashcards
Supply / Administer / Offer to Supply or Administer Class A or B Controlled Drug
Section and Penalty
Section 6(1)(c) Misuse of Drugs Act 1975
Life Imp / 14 Years
Supply / Administer / Offer to Supply or Administer Class A or B Controlled Drug
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
.1 Supplies
Supply:
Includes to distribute, give or sell.
Sec. 2, Misuse of Drugs Act 1975
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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
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Must prove guilty knowledge that defendant:
- knew about the supply / administer / offer, and
- knew the supplied / administered / offered substance was a controlled drug, and
- intended to cause the supply / administer / offer.
_____
It is not necessary for the Crown to establish the knowledge of the accused. In the absence of evidence to the contrary, knowledge on her part will be presumed, but if there are 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.
R v Strawbridge
_____
Useable Amount
In any drug offence, the quantity of 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.
Police v Emerali
.1 Administers
Administers:
In the context of drug dealing, the appropriate meaning of administers is to direct and cause a drug to be taken into the system of another person.
Black’s Law Dictionary
_____
Must prove guilty knowledge that defendant:
- knew about the supply / administer / offer, and
- knew the supplied / administered / offered substance was a controlled drug, and
- intended to cause the supply / administer / offer.
_____
It is not necessary for the Crown to establish the knowledge of the accused. In the absence of evidence to the contrary, knowledge on her part will be presumed, but if there are 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.
R v Strawbridge
_____
Useable Amount
In any drug offence, the quantity of 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.
Police v Emerali
.1 Offers to supply
Offers:
Expressed readiness to do something for or on behalf of someone.
Oxford Dictionary
_____
Supply:
Includes to distribute, give or sell.
Sec. 2, Misuse of Drugs Act 1975
_____
Offers to supply:
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.
R v During
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Offering to supply:
- 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.
R v Brown
_____
Must prove guilty knowledge that defendant:
- knew about the supply / administer / offer, and
- knew the supplied / administered / offered substance was a controlled drug, and
- intended to cause the supply / administer / offer.
_____
It is not necessary for the Crown to establish the knowledge of the accused. In the absence of evidence to the contrary, knowledge on her part will be presumed, but if there are 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.
R v Strawbridge
_____
Useable Amount
In any drug offence, the quantity of 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.
Police v Emerali
.1 Offers to administer
Offers:
Expressed readiness to do something for or on behalf of someone.
Oxford Dictionary
_____
Administers:
In the context of drug dealing, the appropriate meaning of administers is to direct and cause a drug to be taken into the system of another person.
Black’s Law Dictionary
_____
Must prove guilty knowledge that defendant:
- knew about the supply / administer / offer, and
- knew the supplied / administered / offered substance was a controlled drug, and
- intended to cause the supply / administer / offer.
_____
It is not necessary for the Crown to establish the knowledge of the accused. In the absence of evidence to the contrary, knowledge on her part will be presumed, but if there are 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.
R v Strawbridge
_____
Useable Amount
In any drug offence, the quantity of 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.
Police v Emerali
.1 Otherwise deals in
Otherwise deals in:
Paragraph (c) is aimed at dealing in a drug by some means other than by supplying, administering, offering to supply or administer it.
_____
Must prove guilty knowledge that defendant:
- knew about the supply / administer / offer, and
- knew the supplied / administered / offered substance was a controlled drug, and
- intended to cause the supply / administer / offer.
_____
It is not necessary for the Crown to establish the knowledge of the accused. In the absence of evidence to the contrary, knowledge on her part will be presumed, but if there are 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.
R v Strawbridge
_____
Useable Amount
In any drug offence, the quantity of 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.
Police v Emerali
.2 Class A or B controlled drug
Class A controlled drug:
Means any controlled drug specified or described in schedule 1 of this Act.
Sec. 2, Misuse of Drugs Act 1975
OR
Class B controlled drug:
Means any controlled drug specified or described in schedule 2 of this Act.
Sec. 2, Misuse of Drugs Act 1975
_____
Means any substance, preparation, mixture or article specified or described in schedule 1, 2 or 3 of this Act and includes any controlled drug analogue.
Sec. 2, Misuse of Drugs Act 1975
.3 To any person
Gender neutral. Proven by judicial notice or circumstantial evidence.
