S6(1)(c) Supplies Class A or B, Controlled Drug Flashcards
Supply any Class A/B
Act / Section / Penalty
Misuse of Drugs Act 1975
S 6 (1) (c)
Category A - Life
Category B - 14
Supply any Class A/B
List Elements
1) Supply, Administer, Offer to Supply, Offer to Administer, otherwise deal in
2) Any Class A Controlled Drug
OR
Any Class B controlled Drug
3) To any person
Supply
Definition
Element 1, Card 1/4, S6(1)(c)
Supply - includes distribute, give, sell
Supply
R v Maginnis
Element 1, Card 2/4, S6(1)(c)
R v Maginnis - More than transfer of physical control
Offer to supply
R v During
Element 1, Card 3/4, S6(1)(c)
R v During - ready on request to supply drug
Offer to supply
R v Brown
Element 1, Card 4/4, S6(1)(c)
R v Brown - offence of supply exists when offer is made with intention that it should be understood or genuine.
Any Controlled Drug
Definition
Element 2, Card 1/4, S6(1)(c)
(SPAM + CDA) S2 MODA 1975
Any substance, preparation, mixture, or article specified or described in schedule 1, 2, 3 and includes any temporary class drug and any controlled drug analogue.
Any Controlled Drug
Guilty Knowledge - KKI
Element 2, Card 2/4, S6(1)(c)
KKI - Knew about offence, knew the substance was a controlled drug and intent to commit offence.
Any Controlled Drug
Guilty Knowledge - R v Strawbridge
Element 2, Card 3/4, S6(1)(c)
R v Strawbridge – Knowledge will be presumed if there is no evidence to the contrary.
Any Controlled Drug
Usable Quantity
Element 2, Card 4/4, S6(1)(c)
Police v Emerali – Possession doesn’t extend to some minute or useless residue.
“Usable quantity”.
Any person
Definition
Element 3, Card 1/1, S6(1)(c)
Any person = Gender neutral. Accepted by JN/CE