Supples, administers, offers to supply, offers to administer, or otherwise deals in any controlled drug 6(1)(c) Flashcards
Supplies Class A or Class B controlled drug
Act/ Section/ Elements
HIGHLIGHTED
Misuse of Drugs Act 1975 Section 6(1)(c)
- No person shall
- Supply, Administer, Offers to Supply, Offers to Administer, Or Otherwise deals in
- Any Class A or Class B controlled drug
- To any person
Supply - Definition
HIGHLIGHTED
Supply includes to distribute, give, or sell. It also means to furnish or provide something that is needed or desired.
R v Maginnis
HIGHLIGHTED
Supply involves more than a mere transfer of physical control. It includes enabling the person to apply the thing to a purpose for which he desires.
Distribute, give, and sell - Definitions
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Distribute:
The supply of drugs to multiple people.
Giving:
Involves handing over or in some other way transferring an item to another person.
Selling:
When a drug is exchanged for some valuable consideration.
Administer:
HIGHLIGHTED
To direct and cause a drug to be taken into the system of another person.
Examples of administering a drug:
HIGHLIGHTED
- Injecting a person with heroin
- Heating cannabis resin between two hot knife blades while another inhales the smoke
- Causing a person to consume a date rape drug by putting it into their drink
R v During
HIGHLIGHTED
An offer is an intimation by the person charged to another that he is ready on request to supply drugs of a kind prohibited by the statue.
What are two things that the prosecution must prove for Offering To Supply Or Administer?
HIGHLIGHTED
- Communication of an offer to supply/administer a controlled drug (act)
- Intention that the other believes the offer to be genuine (intent)
Offering to supply/ administer: Caselaw
R v Brown (4 points)
HIGHLIGHTED
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 produced 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
R v Brown
HIGHLIGHTED
The making of such an intimation, with the intention that it should be understood as a genuine offer, is an offence.
Otherwise deals in - Definition
HIGHLIGHTED
Otherwise dealing in a drug means to deal with the drug other than by distributing, giving, selling, administering it or offering to supply or administer it.
Person - Definition
HIGHLIGHTED
Gender neutral. Proven by judicial notice or circumstantial evidence.
