Section 6(1)(c) - Supplies Class A or Class B controlled drug Flashcards
What is the penalty for 6(1)(c)?
Section 6(1)(c):
- Class A: Life
- Classs B: 14 years imprisonment
What are the ingredients of S6(1)(c)?
1) No person shall -
2) Supply or administer
OR
Offer to supply or administer
3) Any Class A controlled drug or Class B controlled drug
4) To any other person
5) Or otherwise deal in any such controlled drug
How is supply defined in S2 of MODA?
Supply includes distribute, give or sell.
What else does the definition of supply extend to?
It includes conferring on the recipient the ability to use the drugs for his or her own purposes.
What is the key case law with regards to supply?
R v Maginnis (1987)
R v Maginnis (1987)
(It’s ‘mah friend’s Guinness. He was coming back to pick it up’).
“[Supply involves] more than the mere transfer of physical control … [it includes] enabling the recipient to apply the thing … to purposes for which he desires …”
What was the gist of Maginnis?
The House of Lords held that the return of drugs to the friend would have restored the friend’s ability to use the drugs for his own purposes, and the defendant therefore had the necessary intent for supply.
What is distribution?
The supply of drugs to multiple people.
R v Donald
(After investing in Wilson parking buildings, Donald Trump is now sitting in his Trump Towers with a mountain of cocaine for supply)
Supply includes the distribution of jointly owned property between its co-owners.
Application: Distribution (drug dealing)
What is the gist of Donald?
That supply includes the distribution of jointly owned property between its co-owners.
When is distribution complete?
When the defendant has done all that is necessary to accomplish delivery of the drug to others.
What is giving?
Giving involves the handing over or in some other way transferring an item to another person.
When is giving complete?
When the recipient accepts possession, or where the drug is placed under the control of a willing recipient.
R v Knox
(Knox - No X - giving the X back to it’s original possessor)
“A person who is in unlawful possession of a controlled drug, which has been deposited for safekeeping, has the intent to supply that drug to another if his intention is to return the drug to the person who deposited it with him.”
Application: Giving
What is the gist of Knox?
A person who is in unlawful possession of a controlled drug, which has been deposited for safe keeping, has the intent to supply that drug to another if his intention is to return the drug to the person who deposited it with him.
R v Wildbore
(scenario - out in the WILD with the boar, shed on property, key in hiding spot, LSD kept in shed … tells offender where the key is and permits them to access the drugs)
A “passive custodian” who relinquishes custody of a drug to meet the needs of another, has the necessary intent for supply.
Application: intent to supply (drug dealing)
R v During (1973)
(During this time I can now offer to supply you drugs)
Application: offer to supply
“[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.”
Application: offer to supply
R v Brown (1978)
(H G M C - High Girls Motorcycle Club)
The defendant is guilty in the following instances:
(1) offers to supply a drug that he has on hand
(2) offers to supply a drug that will be procured (that he can get) at some future date
(3) offers to supply a drug that he mistakenly believes he can supply
(4) offers to supply a drug deceitfully (cunningly), knowing he will not supply that drug.
**
“… The making of such an intimation, with the intention that it should be understood as a genuine offer, is an offence.”
Application: Offer to supply
