S6(1)(C) - Supplies Class A or Class B Controlled Drug Flashcards
What is the definition of Supply
To “supply” means “to furnish or provide something that is needed or desired”.
Supply includes distribute, give, and sell
What is the definiton of Distribution
The term “distribution” relates to the supply of drugs to multiple people.
The distribution is complete when the defendant has done all that is necessary to accomplish delivery of the drug to others
What is the definition of “Giving”
“Giving” involves handing over or in some other way transferring an item to another person.
The act of giving is complete when the recipient accepts possession, or where the drug is placed under the control of a willing recipient.
What is the definition of “Selling”
A sale occurs when a quantity or share in a drug is exchanged for some valuable consideration.
What is the definition of Administring
Administering is distinguished from supplying in that it involves introducing a drug directly into another person’s system.
What two elements must the prosecution prove in relation to an Offer to supply/administer
The prosecution must prove two elements:
- The communicating of an offer to supply or administer a controlled drug (the actus reus)
- An intention that the other person believes the offer to be genuine (the mens rea).
Definition of “To any other person”
The prosecution must prove that the drugs were supplied to another person, although it is not necessary to identify that person.
The offence is gender neutral, and the fact that the person supplied is a “person” is generally accepted by judicial notice or proved by circumstantial evidence.
How to establish proof of age
In practice this generally involves producing the victim’s birth certificate in conjunction with independent evidence that identifies the victim as the person named in the certificate.
Explain the presumtion of a sale in relation to s6(1)(e)
For the purposes of this offence, section 6(5) creates the presumption that in the absence of evidence to the contrary a drug supplied to a person over 18 years of age has been sold to that person.
The effect of this provision is to require the defendant to prove on the balance of probabilities that there was no sale.
Name 3 components that provide knowledge of existance re possession
- the defendant must be aware that they possess the substance
- the defendant identifies the substance as a controlled drug
- pysical custody presumes knowledge unless otherwise proven
Proving guilty knowledge in drug cases
The crown must prove the defendant had:
- Knowledge that the drug exists
- Knowledge that it is a controlled drug
- Actual physical control ot some degree of conrol over it.
- An intention to possess it
Presumptive amounts for supply
- Heroin - 0.5 grams
- Cocaine - 0.5 grams
- LSD - 2.5grams or 25 flakes/tablets
- Methamphetamine - 5 grams
- MDMA - 5 grams or 100 flakes tables
- Cannabis resin and extract - 5 grams
- Cannabis plant - 28 grams or 100 cigarettes
- Not specified - 56 grams
