Section 6(1)(c) - Supplies Class A or Class B Flashcards
Definition of supply?
“to furnish or provide something that is needed or desired”
includes distribute, give, sell
includes conferring on the recipient the ability to use the drugs for his or her own purposes
R v Maginnis
“supply involves more than the mere transfer of physical control … it includes enabling the recipient to apply the thing to the purposes for which he desires”
Definition of distributing?
Relates to the supply of drugs to multiple people
Supply includes the distribution of jointly owned property between its co-owners
The distribution is complete when the defendant has done all that is necessary to accomplish delivery of the drug to others.
Definition of giving?
Involves handing over or in some way transferring an item to another person.
Act of giving is complete when the recipient accepts possession, or when the drug is placed under the control of a willing recipient.
What is the significance of a “passive custodian” with relation to supplying?
A “passive custodian” who relinquishes custody of a drug to meet the needs of another, has the necessary intent for supply.
Definition of selling?
A sale occurs when a quantity or share in a drug is exchanged for some valuable consideration.
Valuable consideration - anything of value will suffice.
Definition of administering?
Introducing a drug directly into another persons system
“to direct and cause a drug to be taken into the system of another person”
What are the actus reus and mens rea of offering to supply or administer?
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
and offer is an intimation by the person charged to another that he he is ready on request to supply that other drugs of a kind prohibited by statute
R v Brown (4 pts)
When offering to supply or administer, the defendant is guilty in the following instances:
- offers to supply a drug he has on hand
- offers to supply a drug that will be procured at a later date
- offers to supply a drug he mistakenly believes he can supply
- offers to supply a drug deceitfully, knowing he will not supply that drug
In the case of R v Marr and Wilkinson, the court of appeal set four propositions regarding an ‘offer to supply’:
- “offer to supply” is ti be given its ordinary meaning, not a technical one
- more than one person may be guilty of offering to supply in any one transaction
- an intermediary agent may be guilty
- offer to supply has a wide meaning and includes an offer to arrange
R v Brown (1 pt)
offer to supply
“the making of such an intimation, with the intention that it should be understood as a genuine offer, is an offence”
Meaning of “otherwise deals”
dealing in a drug by some means other than distributing, giving, selling, administering, or offering to supply or administer.
