Supply, Administer - Offer to Supply/Administer - Class A or B Controlled Drug

Question 1

Section

Answer 1

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

Question 2

Penalty

Answer 2

Life, 14 years Imprisonment

Question 3

Ingredients

Answer 3

1) Supplies or Administers OR

Offers to supply or administer OR

Otherwise deals in

2) Class A or B controlled drug
3) To any person

Question 4

Supply

Answer 4

Includes to distribute, give or sell

Sec 2, Misuse of Drugs Act 1975

Question 5

R v Magginis

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

Administers

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.

Black’s Law Dictionary

Question 7

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

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 knowing that 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

Offering to Administer

Answer 10

• 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 11

R v During

Answer 11

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 12

Administer

Answer 12

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.

Black’s Law Dictionary

Question 13

Otherwise Deals In

Answer 13

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 to supply or administer it.

Question 14

Must Prove Guilty Knowledge

Answer 14

This will involve proof the defendant:

1) knew about the supply / administering / offer and
2) knew that the supply / administering / offer substance was a controlled drug and
3) intended to cause the supply / administering / offer.

Question 15

Useable Amount

Answer 15

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

Question 16

Police v Emerali

Answer 16

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

Question 17

R v Strawbridge

Answer 17

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 18

Class A Controlled Drug

Answer 18

Means any controlled drug listed in schedule 1 to this act.

Sec 2 Misuse of Drugs Act 1975

Question 19

Class B Controlled Drug

Answer 19

Means any controlled drug listed in schedule 2 to this act.

Sect 2 Misuse of Drugs Act 1975

Question 20

Controlled Drug

Answer 20

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 drugs analogue.

Sec 2 Misuse of Drugs Act 1975

Question 21

Person

Answer 21

Gender neutral. Proven by judicial notice or circumstantial evidence.