Section 6(1)(e) Supplies Class C to person over 18

Question 1

Liability s6(1)(e)

Answer 1

MODA75 s6(1)(e)
sell, 
or offer to sell, 
any Class C controlled drug 
to a person of or over 18 years of age

Question 2

Liability for offering Class C to over 18? With the appropriate case law?

Answer 2

MODA75 s6(1)(e)
sell, (Maginnis)(s6(5))
or offer to sell, (During, Brown)
any Class C controlled drug (Schedule, Emirali, Strawbridge)
to a person (accepted by judicial notice or by circumstantial evidence)
of or over 18 years of age (Forrest and Forrest)

Question 3

What does ‘Sell’ mean for the purpose of section 6(1)(e)?

Answer 3

Section 6(5) In the absence of evidence to the contrary, a supplied drug is presumed to be sold.
It is for the defendant to prove on the balance of probabilities that there was no sale.

Question 4

If the Class C drug is supplied but not sold, then what section should be used?

Answer 4

MODA75 s7(1)(b)
supply or administer, or offer to supply or administer, any Class C controlled drug to any other person, or otherwise deal in any such controlled drug.