Sec 6 (1) C//D/E/F

Question 1

Supply class A or class B controlled drug

Answer 1

Section (6)(1)(c)

Supply / administer / offer to supply / offer to administer or supply / otherwise deal in
You- Supply def
- Supply case law. R v maginis
OR
- administer def
OR
- offers def
- offers case law - r v during
- offers case law - r v brown
- Supply def
- supply case law r v maginnis
OR
Offers to administer
OR
Otherwise deal in def

Guilty knowledge def
- r v Strawbridge

Any class A or B controlled drug
- def
- class/sched
- useable amount def
- police v Emerali

To any Person

Question 2

Supply includes..

Answer 2

Supply includes to distribute, give or sell

Question 3

Supply def

Answer 3

To provide something that is needed or desired

Question 4

Distribute def

Answer 4

Relates to the supply of drugs to multiple people

Question 5

Giving

Answer 5

Involves handing over or transferring to another person for his or her own purpose

Question 6

Selling def

Answer 6

Quantity or share in a drug is exchanged for a valuable consideration

Question 7

Administering def

Answer 7

Direct and cause a drug to be taken into the system of another person

Question 8

Offer to supply or administer

The prosecution must prove two things…

Answer 8

1: the communication of an offer to supply or administer (actua reus)

2: An intention that the other person believes the offer to be genuine (men’s rea

Question 9

Otherwise deal

Answer 9

To barter or exchange

Question 10

Proving possession

4 points

The crown must prove the defendant had;

Answer 10

1: Knowledge that the drug existed
2: knowledge it is a controlled drug
3: some degree of control over it
4: an intention to possess the it

Question 11

Proving intent

Possess for supply

3 points

Answer 11

1: admissions
2: circumstantial evidence (cash, tick book, scales, baggies etc)
3: Possession of presumptive amount

Question 12

R v Maginnis

Answer 12

Supply/ possession

Supply involves more than the transfer of physical control or custody of the drug, it includes making the drug available for the recipient to use for his/her own purposes

Question 13

R v during

Answer 13

Offers

An offer made, by the person charged, that he is ready on request to supply the controlled drugs

Question 14

R v brown

Answer 14

Offers

Another made with the intention that it should be understood as genuine is an offence.

The defendant is guilty in the following instances
1: offers to supply drug he has on hand
2: offers to supply drug he will come into possession of at a later date
3: offer to supply drug he mistaking believes he will come into possession of
4: offer to supply drug deceitfully, knowing he will not supply that drug

Question 15

R v Strawbridge

Answer 15

Guilty knowledge

If there is some evidence the accused honestly believed on inocent grounds the act was innocent he should be acquitted.

It is up to accused to raise this doubt

Question 16

police v Emerali

Answer 16

Useable quantity

The quantity of the drug must be more than some useless and minute residue of the drug

Question 17

S 29A ( proving useable quantity)

Answer 17

It is not necessary for the prosecution to prove that fact, unless the defendant puts the matter into issue

Question 18

Section 6(6) - Presumption

Answer 18

Person will be presumed to have the drug for the purposes outlined in sections 6(1) c/d/e

But

The presumption the drug is for sale and supply may be rebutted if the person is able to prove, on the balance of probabilities, that they did not intend to commit a drug dealing offence.

Eg large amount possession due to heavy personal usage based on addiction and dependency

Question 19

Supply class c drug to person under 18

Answer 19

MODA 1975 section 6(1)(d)

Same as 6(1)(c) but includes
- Class C only
- Person is under 18
- r v Forrest and Forrest

Question 20

sells / offers to sell class c controlled drug to person over 18

Answer 20

MODA 1975, Section 6(1)(e)

Sell
- Def
- Dealing with controlled drug - def
OR
offers to sell
- offers def
- offers to sell definition
(Does offers case law apply)
- guilty knowledge def
- r v Strawbridge

**Class C Controlled drug **
- def/sched/class
- Usable amount def
- Police v Emerali

**To any person of or over the age of 18 **
- R v Forrest and Forrest

Question 21

Possession of controlled drug for supply

Answer 21

Section 6(1)(f)

has in his/her possession
- R v cox
- actual possession v potential possession
- Sec2(2)

any controlled drug
- def/sched/class

**for any of the purposes set out in C/D/E (name which one)
- guilty knowledge
- r v Strawbridge
- useable amount def
- Police v Emerali
- presumptive amount