Supply, Administer - Offer To Supply/Administer - Class A Or B Controlled Drug Flashcards
Section and Act
Section 6(1)(c) Misuse of Drugs Act 1975
Penalty
Life / 14 Years Imprisonment
Ingredients
SOAOOTSOAOODI
CAOBDTAP
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
Definition of “Supply” under the act
Includes to distribute, give or sell
Sec 2, Misuse of Drugs Act 1975
Case law:
R v Magginis
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.
Definition of “Administers” under the act
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
Case law:
R v During
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.
Offering To Supply
- 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
Otherwise Deals In
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.
Must Prove Guilty Knowledge
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.
Useable Amount
In any drug offence, the quantity of the drug involved must be measurable and useable.
Case law:
Police v Emerali
The serious offence of possessing a narcotic does not extend to some minute and useless residue of the substance.
R v Strawbridge
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.
Class A Controlled Drug
Means any controlled drug listed in schedule 1 to this act.
Sec 2 Misuse of Drugs Act 1975
Class B Controlled Drug
Means any controlled drug listed in schedule 2 to this act.
Sect 2 Misuse of Drugs Act 1975
