Supply/ Administer/ Offer To Supply Or Administer Class A Or B Controlled Drug

Question 1

Name the Act and Section for Supply/ Administer/ offer to Supply or Administer Class A or B Controlled Drug

Answer 1

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

Question 2

Name the three ingredients for Supply/ Administer/ Offer to Supply or Administer Class A or B Controlled Drug

Answer 2

1. Supplies OR Administers OR Offers to Supply Or Offers to Administer Or Otherwise deals in
2. Class A or B Controlled Drug
3. To Any Person

Question 3

Define Supply:

Sec 2, Misuse of Drugs Act 1975

Answer 3

Includes to distribute, give or sell.

Question 4

R v Maginnis

Supply involves..

Answer 4

“More than mere transfer of physical control… It includes enabling the recipient to apply the thing .. To purposes for which he desires…”

Question 5

Define Administers…

Answer 5

“administers” is “to direct and cause a … Drug to be taken into the system” of another person.

Question 6

Define Offers:

Oxford Dictionary

Answer 6

Express readiness to do something for or on behalf of someone.

Question 7

Define Supply

Sec 2, Misuse of Drugs Act 1975

Answer 7

Includes to distribute, give or sell.

Question 8

R v During

Define Offers to Supply

Answer 8

(An offer is) an intimation by the person charged to another that he is ready on request to supply to that offer, drugs of a kind prohibited by the statute.”

Question 9

R v Brown

Define Offering to Supply (4)

Answer 9

1. Offers to supply a drug he has on hand
2. Offers to supply a drug he will produce at some future date
3. Offers to supply a drug he mistakenly believes he can supply
4. Offers to supply a drug deceitfully, knowing he will not supply that drug

Question 10

Define Otherwise Deals In:

Answer 10

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 11

Must prove guilty knowledge:

This will involve proof that the defendant.. (3)

Answer 11

1. Knew about the supply/ administering/ offer, and
2. Knew the supply/ administer/ offer substance was a controlled drug, and
3. Intended to cause the supply/ administering/ offer

Question 12

Define Class A Controlled Drug:

Sec 2, Misuse of Drugs Act 1975

Answer 12

Means any controlled drug specified or described in Schedule 1 to this Act.

Question 13

Define Class B Controlled Drug:

Sec 2 Misuse of Drug Act 1975

Answer 13

Means any controlled drug specified or described in Schedule 2 of this Act.

Question 14

Define Controlled Drug:

Section 2 Misuse of Drugs Act 1975

Answer 14

Means Any substance, preparation, mixture or article specified or described in Schedule 1, Schedule 2, or Schedule 3 of this Act and includes any drug analogue.

Question 15

Define Person:

Answer 15

Gender neutral. Proven by judicial notice or circumstantially

Question 16

Police v Emerrali

Answer 16

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

“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

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 on her part 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 is no so.