Section 6(1)(c) Supplied Class A OR Class B Controlled Drug Flashcards
To supply means?
To furnish or provide something that is needed or desired.
Supply Section 2 MODA 1975?
Supply includes distribute, give and sell
R v Maginnis
Supply involves more that the mere transfer of physical control.. It includes enabling the recipient to apply the thing to purposes for which he desires.
Context only …. In R v Maginnis the defendant was charged with possession of cannabis resin with intent to supply it to another after a package containing 227 grams of they’d rug was found in his car. He claimed the package had been left there by a friend and that he expected the friend would at some stage come and collect the drugs from him.
The House of Lords held that the return of the drugs for his own purposes and the defendant therefore had the necessary intent for supply.
What does the term distribution relate to?
Distribution relation to the supply of drugs to multiple people.
Example. A person was caught in the process of measuring out 35 grams of heroin into smaller quantities. He denied intending to supply the drug saying he was simply dividing it up for distribution between several joint owners. The court held that supply includes the distribution of jointly owned property between co -owners.
When is distribution complete?
When the defendant has done all that is necessary to accomplish delivery of the drug to others.
Giving involves…?
Handing over or in some other way transferring an item to another person
When is the act of giving complete?
When the recipient accepts possession or where the drug is placed under the control of a willing recipient.
Selling. A sale occurs when…?
A quantity or share in a drug is exchanged for some valuable consideration.
Will usually be money, but anything of value will suffice.
What is administering?
Administering is distinguished from supplying in that it involved introducing a drug directly into another persons system.
Ie, injecting a person with heroin, heating cannabis resin between to knife blades while another person inhales.
In relation to offering to supply to administer prosecution must prove two elements what are they?
Actus Reus - The communicating of an offer to supply or administer a controlled drug.
Mens Rea - 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
Does offer to supply include to arrange for someone else to hand over a drug?
Yes
Offer to supply in section 6 and 7 of MODA 1975 has a wide meaning and includes an offer to arrange for someone sales to have over a drug to the person to be supplied.
R v Brown (2)
The making of such an intimation, with the intention that it should be understood as a genuine offer, is an offence.
In relation to offer what must the Crown prove?
That the defendant intended the other person to believe the offer, it is not necessary to prove that he actually had the capacity to supply the drugs.
