Liability - Section 6(1)(c) Flashcards
Section and penalty
Section 6(1)(c) Misuse of Drugs Act 1975
Life, 14 years imp
Ingredients
1) Supplies or Administers OR Offers to supply or administer OR Otherwise deal in
2) Any Class A or B controlled drug
3) To any person
Supply
Sec 2, Misuse of Drugs Act 1975
Includes to distribute, give or sell.
R v Maginnis
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.
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.
Offering to Supply/Administer
Prosecution must prove
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
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.
R v Brown
The defendant is guilty in the following instances
- 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
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.
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.
Useable Amount
In any drug offence, the quantity of the drug involved must be measurable and useable.
Police v Emerali
The serious offence of possessing a narcotic does not extend to some minute and useless residue of the substance.
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