Supply/Administer/Offer to Supply or Administer Class A or B controlled drugs

Question 1

Section

Answer 1

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

Question 2

Penalty

Answer 2

Life-14years

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

R v Strawbridge

Answer 4

• It is not necessary for the Crown to establish knowledge on the part of the accused.
• In the absence to the contrary knowledge on her part will be presumed
• But if there is some evidence that the accused honestly believed on RG’s that her act was innocent
• Then she is entitled to be acquitted unless the jury is satisfied beyond RD that was not so.

Question 5

Supply

Answer 5

Includes to distribute, give or sell

Sec 2 MODA

Question 6

R v Maginnis

Answer 6

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 7

Administers

Black’s Law Dictionary

Answer 7

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

Question 8

Offer 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 statue.

Question 9

R v Brown

Offering to supply

Answer 9

• 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

Offering to administer

Answer 10

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 11

Otherwise deals in

Answer 11

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.

Question 12

Must prove guilty knowledge

Answer 12

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

Question 13

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

Answer 13

Police v Emerali

Question 14

Class A controlled drug

Answer 14

Schedule 1 of MODA 1975

Question 15

Class B controlled drug

Answer 15

Schedule 2 MODA 1975

Question 16

Controlled drug

Answer 16

Schedule 1,2,3 MODA 1975