Supply/Administer/Offer Class C Controlled drug to persons under 18 years of age

Question 1

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

Penalty

Answer 2

8 year

Question 3

Elements

Answer 3

1. Supplies/Administers OR offers to supply/administer/otherwise deals in
2. Class C controlled drug
3. To any person under the age of 18 years old

Question 4

Supply

Answer 4

Includes to distribute, give or sell.

Sec 2, Misuse of Drugs Act 1975

Question 5

R v Maginnis

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

Offers

Answer 6

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

Question 7

Offers to Supply - R v During

Answer 7

“[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 statute”

Question 8

Offering to supply - R v Brown

Answer 8

• Offers to supply a drug that he has on hand
• Offers to supply a drug that will be procured at some future date
• Offers to supply a drug that he mistakenly believes he can supply
• Offers to supply a drug deceitfully, knowing he will not supply that drug

Question 9

Supply

Answer 9

Includes to distribute, give or sell.

Sec 2, Misuse of Drugs Act 1975

Question 10

Offers

Answer 10

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

Question 11

Administer

Answer 11

Appropriate meaning is “to direct and cause a … drug to be taken into the system” of another person
Black Law’s Dictionary

Question 12

Otherwise Deal

Answer 12

dealing in a drug by some means other than by distributing, giving or selling it, administering it or offering to supply or administer it

Question 13

Must prove guilty knowledge

Answer 13

• knew about the supply/administering/offer
• knew the supply/administering/offer substance was a controlled drug
• intended to cause the supply/administering/offer

Question 14

Police v Emerali

Answer 14

“the serious offence of … possessing a narcotic does not extend to some minute and useless residue of the substance”

Question 15

R v Strawbridge

Answer 15

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 beyond reasonable doubt that this was not so.

Question 16

Class C controlled drug

Answer 16

Means the controlled drugs specified or described in Schedule 3 to this Act, and includes any controlled drug analogue.
Section 2, Misuse of Drugs Act 1975

Question 17

Controlled drug

Answer 17

Means any substance, preparation, mixture or article specified or described in Schedule 1, Schedule 2, or Schedule 3 of this Act and includes any controlled drug analogue.
Section 2, Misuse of Drugs Act 1975

Question 18

Person

Answer 18

Gender Neutral. Proven by judicial note or circumstantially.

Question 19

Proving Age - R v Forrest & Forrest

Answer 19

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

Question 20

Evidence of age

Answer 20

Best practice - birth certification in conjunction with independent evidence that identifies the victim as the person named in the certificate.