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 - section and ingredients

Answer 1

Section 6(1)(d) of MODA 1975 - 8 years

1. Supplies or Administers or Offers to Supply or Administer or Otherwise Deals
2. Class C controlled drug
3. To any person under the age of 18 years old

Question 2

Supply definition under section 2 of MODA

Answer 2

Includes to distribute, give or sell

Question 3

R v Maginnis on supply

Answer 3

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 4

What is the definition of administers in the context of drug dealing

Answer 4

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 5

R v During on offers to supply

Answer 5

An offer to supply 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 6

R v Brown on offering to supply

Answer 6

• 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 7

Is it necessary to show the person making the offer to supply actually intended to supply the drug?

Answer 7

No

Question 8

what is offering to administer

Answer 8

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

Question 9

what does “otherwise deals” mean

Answer 9

otherwise deals 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 it

Question 10

What proof is required for “guilty knowledge”

Answer 10

Proof that the defendant:

• knew about the produce/manufacturing, AND
• knew the produce/manufacturing, substance was a controlled drug AND
• intended to cause the produce/manufacturing

Question 11

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

Answer 11

measurable and useable

Question 12

Police v Emerali on quantity

Answer 12

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

Question 13

R v Strawbridge on establishing the knowledge of the accused

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 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 14

Class C controlled drug definition under section 2 of MODA 1975

Answer 14

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

Question 15

Controlled drug definition under section 2 of MODA 1975

Answer 15

Means any substance, preparation, mixture or article specified or described in schedule 1, schedule2, or schedule 3 of MODA 1975 and includes any controlled drug analogue

Question 16

R v Forrest and Forrest on proving age

Answer 16

The best evidence possible in the circumstances should be adduced by the prosecution to prove the victims age

This generally means producing the victims birth certificate in conjunction with independent evidence identifying the victim as the person on the certificate