Supplies a Class A or Class B Controlled Drug Flashcards
Section and penalty
Section 6(1)(c) MODA 1975- Life/14 years
Ingredients
- Supplies or administers OR offers to supply or administer OR otherwise deal in
- Any class A or B controlled drug
- To any other person
Define supply
Includes to distribute, give or sell
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.
Define administers
In the context of drug dealing, the appropriate meaning of ‘administer’ is to direct and cause a drug to be taken into the system of another person.
Define offers
Express readiness to do something for or on behalf of someone.
In relation to offering to supply or administer, the prosecution must prove:
The communication of an offer to supply or administer a controlled drug (acts reus)
AND
an intention that the other person believes the offer to be genuine
R V During
An offer is the 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 in the following circumstances:
- Offers to supply a drug that he has on hand
- Offers to supply a drug that will be procured at some stage in the future
- Offers to supply drugs that he mistakenly believes he can supply
- Offers to supply a drug deceitfully, knowing that he will not supply that drug
Define Class A controlled drug
Means any controlled drug as specified or described in Schedule 1 of this act.
Define Class B controlled drug
Means any controlled drug as specified or described in Schedule 2 of this act.
Define Person
Gender neutral. Proven by judicial notice or circumstantial evidence.
What is meant by ‘Otherwise deals in’?
An example of this is to barter or exchange.
