Supply Class A or B Flashcards
Section 6 (1) (c) - MODA 1975
Supply or administer OR
offer to supply or administer
any Class A controlled drug or Class B controlled drug to any other person
or otherwise deal in any such controlled drug
DEFINE SUPPLY *
To supply means to FURNISH or PROVIDE something that is needed or desired.
Section 2 - MODA 1975
Supply includes distribute, give and sell.
Case Law: R v Maginnis
R v Maginnis
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
Define distribute
The supply of drugs to multiple people.
Define giving
Handing over or transferring an item to another person.
Define selling
Drugs exchanged for a valuable consideration or something of value
Define administering
Administering involves introducing a drug directly into another person’s system.
Examples of administering
- injecting a person with heroin
heating cannabis resin between two knife blades while another person inhales the smoke - causing a person to consume a “date rape” drug by slipping it into their drink without their knowledge.
Offering to supply meaning
Act of AROUSING or TEMPTING another persons interest in controlled drugs.
WHAT MUST THE PROSECUTION PROVE IN RELATION TO OFFERING TO SUPPLY? *
- the communicating of an offer to supply or administer a controlled drug (the actus reus)
- an intention that the other person believes the offer to be genuine (the mens rea).
R V DURING *
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.
R V BROWN - GUILTY *
The defendant is guilty in the following instances:
(1) offers to supply a drug that he has on hand
(2) offers to supply a drug that will be procured at some future date
(3) offers to supply a drug that he mistakenly believes he can supply
4) offers to supply a drug deceitfully, knowing he will not supply that drug
R v Brown (offering)
The making of such an intimation, with the intention that it should be understood as a genuine offer, is an offence.
Define ‘otherwise deals’
The term “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.
