Section 6(1)(d) Supplies, administers Class C to under 18 Flashcards
What is the liability for Supplying Class C to under 18?
MODA75 Section 6(1)(d) No person shall: Supply or administer, or offer to supply or administer, any Class C controlled drug to a person under 18 years of age
What is the liability for Supplying Class C to under 18?
With the appropriate case law?
MODA75 Section 6(1)(d)
No person shall:
Supply or administer, (Maginnis)
or offer to supply or administer, (During)(Brown)
any Class C controlled drug (Schedule 3)
to a person (JN, Circumstances)
under 18 years of age (Forrest and Forrest)
R v Forrest and Forrest
”..the best possible evidence in the circumstances should be adduced by the prosecution in proof of [the victim’s] age”.
What must be proved by the prosecution?
Age is an essential element.
Proof generally involves the birth certificate and an independent witness identifying the person as that named on the certificate. R v Forrest and Forrest is the case law used.
R v Maginnis
[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…”
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 of offering in instances:
(1) offers to supply a drug that he has on hand
(2) offers to supply a drug that will be produced at some point at some future date
(3) offers to supply a drug that he mistakenly believes he can supply
(4) offers to supply a drug deceitfully, knowing he will not supply that drug.
”.. the making of such an intimation, with the intention that is should be understood as a genuine offer, is an offense”.
How is a person proved to be a person?
It is generally accepted by Judicial Notice or Circumstantial evidence.
