Supply/Administer Flashcards

1
Q

Def of supply

A

Furnish or provide something that is desired

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2
Q

RV MAGINNIS

SUPPLY

A

“More than the mere transfer of physical control it includes enabling the recipient to apply the thing…. To purposes for which he desires

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3
Q

Def of administer

A

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

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4
Q

R v DURING

OFFERS

And what was held

A

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)

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5
Q

R v BROWN

OFFERS

A
  • 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
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6
Q

What 2 elements must the prosecution prove?

For offers

A

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

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7
Q

Otherwise deals in

A

Means other then distributing giving or selling, administering or offering to supply or administer

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8
Q

MUST prove guilty knowledge

A

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

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9
Q

Proving intent in drugs cases

A

Admissions

Circumstantial evidence

Statutory presumption under sec 6(6)

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