Supply/Administer Flashcards
Def of supply
Furnish or provide something that is desired
RV MAGINNIS
SUPPLY
“More than the mere transfer of physical control it includes enabling the recipient to apply the thing…. To purposes for which he desires
Def of administer
Direct and cause a drug to be taken into the system of another person
Eg
injecting heroin into someone
A person to consume “date rape” drug by slipping it into their drink
R v DURING
OFFERS
And what was held
ready on request to supply drug
Prosecution must prove 2 elements:
Communication of an offer to supply/administer a controlled drug (actus rea)
Intention other person believes the offer to be genuine (men’s team)
R v BROWN
OFFERS
- Offer to supply a drug that he has on hand
- Offer to supply a drug that will be procured at some future date
- Offer to supply a drug that he mistakenly believes he can supply
- Offers to supply a drug deceitfully knowing he will not supply that drug
What 2 elements must the prosecution prove?
For offers
ACTUS REA
the communicating of an offer to supply or administer a controlled drug
MENS REA
intention that the other person believes the offer to be genuine
Otherwise deals in
Means other then distributing giving or selling, administering or offering to supply or administer
MUST prove guilty knowledge
the defendant:
Knew about the supply/administer/offer
Knew the supply/administer/offer substance was a controlled drug
Intended to cause the supply/administer/offer
Proving intent in drugs cases
Admissions
Circumstantial evidence
Statutory presumption under sec 6(6)