Supply/Administer/Offer Class C Controlled Drug to persons under 18 years Flashcards
Section
Section 6(1)(d) Misuse of Drugs Act 1975
Penalty
8 years
Ingredients
1) Supplies or Administers or Offers to supply OR Administer or otherwise deals in
2) Class c Controlled drug
3) To any person under the age of 18 years old
Are offering to Supply and Offering to Administer the same?
Yes
- 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.
Offers to Administer
It is not necessary to show the person making the offer to supply actually intended to supply the drug.
Offers to supply
R v During
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.
Otherwise deals in
Is aimed at dealing in a drug by some means other than by distributing, giving or selling it, administering it or offering to supply or administer.
The serious offence of ..possessing a narcotic does not extend to some minute and useless residue if the substance
Police v Emerali
- It is not necessary for the Crown to establish knowledge on the part of the accused.
- In the absence to the contrary knowledge on her part will be presumed
- But if there is some evidence that the accused honestly believed on RG’s that her act was innocent
- Then she is entitled to be acquitted unless the jury is satisfied beyond RD that was not so.
R v Strawbridge
Controlled C Drug
Schedule 3 MODA 1975
Controlled Drugs
Schedule 1, 2, 3 MODA 1975
Proving age
R v Forrest and Forrest
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age.
What is general practiced to prove age
- producing the victims birth certificate in conjunction with
- Independent evidence that identifies the victim as the person named in the certificate
