Section 6(1)(c) - Supplies Class A or Class B Controlled Drug Flashcards
What is the definition for Supply?
Supply includes distribute, give and sell.
What is the definition for Distribution?
Distribution relates to supply of drugs to multiple people.
What was found in R v Donald?
Defendant caught measuring out 35 grams of heroin in smaller quantities.
Defendant denied supplying, stating that he was dividing up for distribution between joint owners. Court found that supply also includes distribution between it’s co-owners.
What is the definition for Giving?
Giving involves handling over in some other way transferring an item to another person.
What was found R v Knox?
Received LSD in mail from girlfriend in Amsterdam. When arrested he stated that he was holding them until his girlfriend comes back to NZ.
What was found R v Wildbore?
Defendant kept a supply of LSD in a locked shed on her property. Left key in a location where a friend (joint owner of LSD) had access to the shed and help herself.
What is “Passive Custodian”
Someone who relinquishes custody of a drug to meets the needs of another, has the necessary intent to supply.
What is selling?
Sale occurs when a quantity or share in a drug is exhanged for some valuable consideration.
What is the definition for Administering?
Is distinguished from supplying in that it involves introducing a drug directly into another person’s system.
Example for Administering?
- Injecting a person with heroin.
- Heating cannabis resin between two knife blades while another person inhales the smoke.
- Causing a person to consume a “date rape” drug by slipping it into their drink without their knowledge.
Offering to supply OR administer? What must the Prosecution Prove (two elements)?
- The communicating of an offer to supply or administer a controlled drug (actus reus)
- An intention that the other person believes the offer to be genuine (mens rea)
What is the case law R v During (1973)?
“(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”.
What was found R v Brown?
Defendant charged with offering to supply LSD to undercover police officer. Upon analysis, LSD not found but a substance that is not found in a controlled drug.
The representation that it is a drug is the whole point of the offer.
What is the case law R v Brown?
R v Brown (1978)
The Defendant is guilty in the following reasons:
a) Offers to supply drug that he has on hand
b) Offers to supply drug that will be procured at a future date
c) Offers to supply drug that he mistakenly believes he can supply
d) Offers to supply a drug deceitfully, 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”.
What is the definition for “Otherwise” deals?
Aimed at dealing in a drug by some other means other than distributing, giving or selling it, administering it or offering to supply or administer it.
