Supply/Administer U18

Question 1

Section/Act/Ingredients

Answer 1

S6(1)(d) Supply Class C Controlled Drug to Person Under 18
Misuse of Drugs Act 1975

• Supply OR Administer OR Offer to supply OR Offer to administer
• Any Class C Controlled Drug
• To any person under 18

Question 2

Supply

Answer 2

Distribute - Supply multiple
Give - hand over to enable use
Sell - exchange for valuable consideration

Question 3

Case law ‘Supply’

Answer 3

R v Maginnis - More than transfer of physical control

Question 4

Administer

Answer 4

Cause drug to be taken into the system

Question 5

Case Law 1 ‘Offer to supply’

Answer 5

R v During - Ready on request to supply drug

Question 6

Case Law 2 ‘Offer to supply’

Answer 6

R v Brown - Offence of supply exists when offer is made with intention that is should be understood as genuine.

Question 7

RTS Class C Controlled Drug

Answer 7

Specified in scheduled 3 of the MODA 75

Question 8

Guilty Knowledge

Answer 8

Crown must prove defendants conduct contributed to importation as well as:

Knew about the importation AND
Knew the imported substance was a controlled drug AND
Intended to cause the importation

Question 9

Case law ‘Knowledge’

Answer 9

R v Strawbridge: Crown does not need to establish Knowledge. Knowledge will be presumed if there is no evidence to the contrary. The accused needs to prove they acted innocently and had no knowledge to be acquitted.

Question 10

Case Law ‘Useable Quantity’

Answer 10

R v Emerali: Possession doesn’t extend to some minute or useless residue. “Useable Quantity”.

Question 11

Case Law ‘RTS Under 18’

Answer 11

Person must be under 18yrs old.

R v Forrest & Forrest - Best evidence possible should be adduced by Prosecutor and circumstantial evidence. E.g person who was in the room when child was born & Birth Cert