Supply/Administer/offer to supply class A or B Flashcards
What is the charge, act, section and penalty for supply, offer to supply, administer class a or b controlled drug
Supply/Administer/offer to supply class A or B
S6(1)(c) MODA 75
Life
14 years
What the 3 elements
1- Supplies or Administers or Offers to supply
2- Class A or B controlled drug
3- To any person
Supply
Supply - S2 MODA 75
- Includes to distribute, give or sell
Case law that goes with supply? R v Maginis
R v Maginis
- supply involves more than the mere transfer of physical control. It includes enabling the person to apply the thing to purposes for which they desire
Offers?
Express redness to do something for or on behalf of someone
Offers to supply Case law? R v During
R v During
- an offer is an intimidation by the person charged that he is ready on request to supply to another drugs of a kind prohibited by the act
Offering to supply case law? R v Brown
R v Brown
- offers to supply a drug that is on hand
- offers to supply a drug that will be produced at some future date
- offer to supply a drug that he mistakenly believed he could supply
- offers to supply a drug knowing he will not supply that drug
Supply plus section
Supply -S2 MODA 75
Includes to distribute, give or sell
Once you have chosen a supply, offer to supply or administer what 3 points need to be covered?
Guilty knowledge
R v Strawbrigde
Police v Emerali (useable amount)
Then decide is it class a or b controlled drug
Class A - S2 MODA 75
- means any controlled drug specified or described in schedule 1 of this act
Or
Class B - S2 MODA 75
- means any controlled drug specified or described in schedule 2 of this act
Controlled drug -S2 MODA 75
- means any substance, preparation or mixture specified or described in schedule 1, 2 or 3 of this act and includes any controlled drug analogue
Person
- gender neutral proved by judicial notice or circumstantial evidence.
If you select offers to supply what 4 points need to be covered?
Offers
R v During
R v Brown
Supply - S2 MODA 75
If you select supply what 2 points need to be covered?
Supply - S2 MODA 75
R v Maginis
Meaning of Admininster?
The meaning of administer is to direct and cause a drug to be taken into the system of another person.