Supply/ Administer/ Offer Class C Controlled Drug To Persons Under 18 Years Of Age

Question 1

Name the Act and Section for Supply/ Administer/ Offer Class C Controlled Drug To Persons Under 18 Years Of Age:

Answer 1

Section 6(1)(d) Misuse of Drugs Act 1975

Question 2

Name the term of imprisonment for Supply/ Administer/ Offer Class C Controlled Drug To Persons Under 18 Years Of Age:

Answer 2

8 years

Question 3

Name the 3 ingredients for Supply/ Administer/ Offer Class C Controlled Drug To Persons Under 18 Years Of Age:

Answer 3

1. Supplies OR Administers OR Offers to Supply Or Offers to Administer Or Otherwise Deals in
2. Class C Controlled Drug
3. To Any Person Under The Age of 18 Years Old

Question 4

Define Supply:

Section 2 Misuse of Drugs Act 1975

Answer 4

Includes to distribute, give or sell.

Question 5

R v Maginnis

Supply involves..

Answer 5

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..

Question 6

Define Administer:

Black’s law dictionary

Answer 6

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.

Question 7

Define Offers:

Oxford Dictionary:

Answer 7

Express readiness to do something for or on behalf of someone.

Question 8

Define Offers to Supply:

R v During

Answer 8

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 statue.

Question 9

R v Brown

Offering to Supply (4)

Answer 9

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 mistakenly believes he can supply
4. Offers to supply a drug deceitfully, knowing he will not supply that drug

Question 10

Define Otherwise Deals:

Answer 10

The term otherwise deals in paragraph (c) is aimed at dealing in a drug by some means other than by distributing, giving or selling it, administering it or offering or administer it.

Question 11

Must prove guilty knowledge:

This will involve proof that the defendant: (3)

Answer 11

1. Knew about the supply/ administer/ offer, and
2. Knew the supply/ administer/ offer substance was a controlled drug, and
3. Intended to cause the supply/ administer/ offer

Question 12

Police v Emerali

Answer 12

Police v Emerali

In any drug offence the quantity of drug involved must be measurable and useable.

The serious offence…Possessing a narcotic does not extend to some minute and useless residue of substance.

Question 13

R v Strawbridge

Answer 13

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 on her part will be presumed, but if there is some evidence that the accused honestly believed on reasonable grounds that her act was innocent, then she is entitled to be acquitted unless the jury is satisfied be beyond reasonable doubt that this was not so.

Question 14

Define Class C Controlled Drug-

Sec 2 Misuse Drugs Act 1975

Answer 14

Means the controlled drugs specified or described in schedule 3 to this Act, and includes any controlled drug analogue.

Question 15

Define Controlled Drug

Sec 2 Misuse of Drugs Act 1975

Answer 15

Means any substance , preparation, mixture or article specified or described in Schedule 1, Schedule 2, or Schedule 3 to this Act and includes any controlled drug analogue.

Question 16

Define Person:

Answer 16

Gender neutral. Proven by Judicial notice or circumstantially

Question 17

R v Forrest and Forrest

Proving Age:

Answer 17

The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victim’s age.

Question 18

Proving Age:

In practice this generally involves…

Answer 18

In practice this generally involves producing the victims birth certificate in conjunction with independent evidence that identifies the victim as the person named in the certificate.