Section 6(1)(c) Supplies Class A or Class B controlled drugs Flashcards
Does distributing amongst joint owners qualify as supply?
Yes. The distribution is complete when the defendant has done all that is necessary to accomplish delivery of the drug to others.
Does holding onto a drug with the intent of giving it back to the to the owner quality as supply?
Yes. R v Knox - received LDS from Amsterdam to give back to his girlfriend who sent it.
Does holding onto a drug for safekeeping with the intent to return it to the person who deposited it with him quality as intent to supply?
Yes.
Does passively permitting another person to help themselves qualify as giving (or supply)?
Yes. It is giving and giving is supply. R v Wildbore - who had LDS in her shed.
Does the accused need to perform some positive act of transmission to be guilty of giving?
No. It is sufficient if there is a transfer of physical custody. This qualifies as meeting the wants or needs of another person.
When a person enables the recipient to apply the thing to purposes for which he desires, what case law could be used? (Enabling a drug to be used).
R v Maginnis.
Intimation that he is ready on request to supply a controlled drug. What case law would you use?
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”.
Offering to supply or administer. What elements must you prove? Act and intent.
(1) Communication of an offer to supply or administer a controlled drug (actus reus)
(2) An intention that the other person believes the offer to be genuine. (mens rea).
What case law applies to Offering to Supply? and what does it say?
R v Brown
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 at some future date
(3) offer to supply a drug that he mistakenly believes he can supply
(4) offers to supply a drug deceitfully, know that 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 offense.”
What is the liability for offering to supply or administer a class A or B controlled drug? What are the case law examples for this liability?
Supply (Maginnis) or Administer
or Offer (During and Brown) to Supply or Administer
Any Class A or Class B Controlled Drug
or Otherwise Deals in any such controlled drug
To any other person
What does “Otherwise Deals in any such controlled drug”, mean?
It refers to such things as Barter or Exchange. But if there is evidence of a sale then the more specific charge wording of ‘Sale’ is preferred over the generic wording.
What does “any other person” mean and what does the prosecution need (or not need) to prove?
The prosecution must prove that the drugs were supplied to another person. Judicial notice or circumstantial evidence that it is a person is enough.
But it is not necessary to identify that person.
