Supply, administer or offer Class C to U18 Flashcards
Act and section
S6(1)(d) MODA 1975
Penalty
8 years
Ingredients
Supplies or Administers or Offers to supply or administer or Otherwise deals in Any class C controlled drug To any person under the age of 18 years
Supplies
S2 MODA 1975
To distribute, give or sell
R v Maginnis
More than a mere transfer of control enabling the recipient to apply the thing for which he desires
Administer
Blacks law
To direct or cause a drug to be taken into the system of another person
Offers to supply or administer
- offer to supply drug now
- offer to supply drug in the future
- offer to supply drug but can not
- offers to supply drug but will not
R v Durring
A suggestion from one person to another that he is ready to supply drugs which are prohibited under statue
Other wise deal in
To deal with in a manner other than distribute, give sell, supply administer or offer
Guilty knowledge
The prosecution must prove three elements about the defendant
1 knew about the supply administer or offer
2 knew the supply administer offer was for controlled drugs
3 intended to cause the supply administer or offer
R v Strawbridge
If the accused believed on reasonable grounds that her act was innocent then she may be acquitted unless the jury believes it is not so
Useable amount
There must be a useable and measurable amount
Police v Emerali
Passion of a narcotic does not extend to a minute amount
Class C
S2 MODA 1975
Class c is described in schedule 3 of this act
S2 MODA 1975
A controlled drug is any substance, perpetration, mixture or article as described in schedule 1, 2 or 3 of this act and includes any controlled drug analogue
S2 MODA 1975
Means any substance that has a substantially similar structure to any controlled drug. There are some exceptions
Person under the age of 18
Gender neutral etc
R v Forrest and Forrest
The best possible evidence should be adduced by the prosecution in proof of age
The birth certificate along with in dependant evidence such as a mother or care giver.
