Supply/administer/offer to supply or administer Class A or B controlled drug

Question 1

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

Penalty

Answer 2

Life / 14 years

Question 3

Elements

Answer 3

1. Supplies/Administers, OR Offers to supply/administer/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 Maginnis

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

Appropriate meaning is “to direct and cause a … drug to be taken into the system” of another person
Black Law’s Dictionary

Question 7

Offers

Answer 7

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

Question 8

Offers to Supply - R v During

Answer 8

“[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 9

R v Brown

Answer 9

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 deceitfully, knowing he will not supply that drug

Question 10

Supply

Answer 10

Includes to distribute, give or sell.

Sec 2, Misuse of Drugs Act 1975

Question 11

Offers

Answer 11

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

Question 12

Administer

Answer 12

Appropriate meaning is “to direct and cause a … drug to be taken into the system” of another person
Black Law’s Dictionary

Question 13

Otherwise deals in

Answer 13

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

• knew about the supply/administering/offer
• knew the supply/administering/offer substance was a controlled drug
• intended to cause the supply/administering/offer

Question 15

R v Emerali

Answer 15

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

Question 16

R v Strawbridge

Answer 16

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 was not so.

Question 17

Class A controlled drug

Answer 17

controlled drugs specified or described in Schedule 1 to this Act
Section 2, Misuse of Drugs Act 1975

Question 18

Class B controlled drug

Answer 18

controlled drugs specified or described in Schedule 2 to this Act
Section 2, Misuse of Drugs Act 1975

Question 19

Controlled Drug

Answer 19

Means any substance, preparation, mixture or article specified or described in Schedule 1, Schedule 2, or Schedule 3 of this Act and includes any controlled drug analogue.
Section 2, Misuse of Drugs Act 1975

Question 20

Person

Answer 20

Gender Neutral. Proven by judicial note or circumstantially.