S6(1)(d) Supplying any Class C Drug (under 18) Flashcards
Supplies, Administers, OR Offers to Supply or Administer to persons under 18
Act / Section / Penalty
Misuse of Drugs Act 1975
S 6 (1) (d)
Penalty = 8 years imp
Supply any Class C Drug to under 18 yo
List Elements
1) Supply, Administer, Offer to Supply, Offer to Administer
2) Any Class C Controlled Drug
3) To any person under 18 years old
Supply
Definition
Element 1, Card 1/4, S6(1)(d)
Supply - includes distribute, give, sell
Supply
R v Maginnis
Element 1, Card 2/4, S6(1)(d)
R v Maginnis - More than transfer of physical control
Offer to supply
R v During
Element 1, Card 3/4, S6(1)(d)
R v During - ready on request to supply drug
Offer to supply
R v Brown
Element 1, Card 4/4, S6(1)(d)
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)(d)
(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)(d)
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)(d)
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)(d)
Police v Emerali – Possession doesn’t extend to some minute or useless residue.
“Usable quantity”.
Any person Under 18 years old
Definition / R v Forrest and Forrest
Element 3, Card 1/1, S6(1)(d)
Any person = Gender neutral. Accepted by JN/CE
R v Forrest and Forrest - Best evidence possible from prosecution regarding age.
MODA 6(1)(d)
List elements
1) Supply, administer, offer to supply, offer to administer
2) any class C controlled drug
3) to any person under 18