Supplies, administers or offers to supply or administer to persons under 18 years Flashcards
What is the act, section and punishment for ‘supplies class C controlled drug?’
s6(1)(d) Misuse of Drugs Act 1975
8 years imprisonment
What are the elements of ‘supplies class C controlled drug’?
1a) Supplies OR 1b) Administers OR 1c) Offers to Supply OR 1d) Offers to Administer OR 1e) Otherwise deals in
2) Class C controlled drug
3) To any person under the age of 18 years old
Explain the following element of ‘supplies class C controlled drug?’:
1a) Supplies
Includes to distribute, give or sell. - s2 Misuse of Drugs Act 1975
Supply involves more than the mere transfer of physical control, it includes enabling the recipient to apply the things to purposes to which they desire. - R v Maginnis
GUILTY KNOWLEDGE - STRAWBRIDGE
USEABLE QUANTITY - EMERALI
Explain the following element of ‘supplies class C controlled drug?’:
1b) 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. - Black’s Law Dictionary
GUILTY KNOWLEDGE - STRAWBRIDGE
USEABLE QUANTITY - EMERALI
Explain the following element of ‘supplies class C controlled drug?’:
1c) Offers to Supply
Offer:
Express readiness to do something for or on behalf of someone - Oxford English Dictionary.
Offer to Supply:
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 state - R v During
‘Offering’ includes:
- offers to supply a drug they have on hand,
- offers to supply a drug that will be procured at a later date,
- offers to supply a drug that they mistakenly believe they can supply,
- offers to supply a drug deceitfully, knowing he will not supply that drug. - R v Brown
Supply:
Includes to distribute, give or sell. - s2 Misuse of Drugs Act 1975
GUILTY KNOWLEDGE - STRAWBRIDGE
USEABLE QUANTITY - EMERALI
Explain the following element of ‘supplies class C controlled drug?’:
1d) Offers to Administer
Offers:
Express readiness to do something for or on behalf of someone - Oxford English Dictionary.
Administer:
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. - Black’s Law Dictionary
GUILTY KNOWLEDGE - STRAWBRIDGE
USEABLE QUANTITY - EMERALI
Explain the following element of ‘supplies class C controlled drug?’:
1e) Otherwise deals in
The term “otherwise deals” is aimed at dealing a drug by some means other than by distributing, giving or selling it, administering it or offering to supply or administer it.
GUILTY KNOWLEDGE - STRAWBRIDGE
USEABLE QUANTITY - EMERALI
Explain the requirements of ‘guilty knowledge’ and ‘useable quantity’ in relation to drug dealing.
Guilty Knowledge:
Proving guilty knowledge will involve proof that the defendant:
- Knew about the offer/administering/offer to supply/administer, and
- Knew the substance was a controlled drug, and,
- Intended to cause the offer/administering/offer to supply/administer
It is not necessary for the Crown to establish knowledge on the part of the accused. In the absence of evidence to the contrary knowledge will be presumed, but if there is some evidence that the accused honestly believed on reasonable grounds that their act was innocent, then they are entitled to be acquitted unless the jury is satisfied beyond reasonable doubt that this was not so. - R v Strawbridge.
Useable Amount:
In any drug offence the quantity of drug involved must be measurable and useable.
The serious offence of possessing a narcotic does not extend to some minute and useless residue of the substance. Police v Emerali
Explain the following element of ‘supplies class C controlled drug?’:
2) Class C controlled drug
Class C:
Means any controlled drugs specified or described in schedule 3 to this Act. - s2 Misuse of Drugs Act 1975
Controlled Drug:
Means any substance, preparation, mixture or article specified or described in schedule 1, 2 or 3 of this Act and includes any controlled drug analogue. - s2 Misuse of Drugs Act 1975
Explain the following element of ‘supplies class C controlled drug?’:
3) To any person under the age of 18 years old
Person:
Gender neutral, proven by judicial notice or circumstantially.
Proving age:
The best evidence possible in the circustances should be adduced in support of the victim’s age. - R v Forrest and Forrest
In practice this generally involves producing the vicitm’s birth certificate in conjunction with independent evidence that identifies the victim as the person named in the certificate.
