Supplying Flashcards
Supply
To “supply” means “to furnish or provide something that is needed or desired”.
In the context of section 6(1)(c) it includes a broad range of activities designed to effect the transfer of controlled drugs from one person to another.
However supply involves more than just handing drugs over; it includes conferring on the recipient the ability to use the drugs for his or her own purposes.
Supply Example
In R v Maginnis10 the defendant was charged with “possession of cannabis resin with intent to supply it to another” after a package containing 227 grams of the drug was found in his car. He claimed the package had been left there by a friend, and that he expected his friend would at some stage come and collect the drugs from him. The House of Lords held that the return of the drugs to the friend would have restored the friend’s ability to use the drugs for his own purposes, and the defendant therefore had the necessary intent for supply.
Distributing
The term “distribution” relates to the supply of drugs to multiple people.
Distributing Examples
In R v Donald11 the defendant was caught in the process of measuring out 35 grams of heroin into smaller quantities. He denied intending to supply the drug, claiming that he was simply dividing it up for distribution between several joint owners. The Court in Donald held that supply includes the distribution of jointly owned property between its co-owners.
Distribution Complete
The distribution is complete when the defendant has done all that is necessary to accomplish delivery of the drug to others.
Giving
“To give” means to hand the substance over in order to enable the other person to use the drug for his or her own purposes.
“Giving” will usually be complete when the recipient accepts possession or where the drug is placed under the control of a willing recipient.
Giving Example
In R v Knox12 the defendant received LSD in the mail from his girlfriend in Amsterdam. When arrested he claimed he was holding the drugs with the intention of giving them back to her when she arrived in New Zealand in the near future. He was aware that she intended to sell some of the drugs to finance her trip. Following the House of Lords decision in Maginnis , the High Court held that “a person who is in unlawful possession of a controlled drug, which has been deposited for safekeeping, has the intent to supply that drug to another if his intention is to return the drug to the person who deposited it with him”.
Giving Example
Giving can occur without an active transfer of the drugs – for example where a person passively permits another to help themselves from a cache of drugs.
In R v Wildbore13 the defendant kept a supply of LSD in a locked shed on her property. She left the key in a pre-arranged location and allowed her friend, who was a joint owner of the LSD, to access the shed and help herself to the drugs whenever she wanted. The High Court held that a “passive custodian” who relinquishes custody of a drug to meet the needs of another, has the necessary intent for supply. The Court in Wildbore further said “… it is unnecessary that the accused be shown to perform some positive act of transmission … [it is sufficient if there is] a transfer of physical custody for the purpose of meeting the wants or requirements of the other person”.
Selling
“To sell” involves the typical concept of sale — an exchange of the goods in return for valuable consideration.
Selling Examples
Although the consideration will commonly be money, anything of value will suffice. For example exchanging a large quantity of cannabis for some real estate, or bartering stolen property for smaller amounts of cannabis.
Administers
Administering is distinguished from supplying in that it involves introducing a drug directly into another person’s system.
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.
Administers Example
Examples of administering include:
-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
This provision prohibits the act of arousing another person’s interest in controlled drugs, or of tempting others to use them.
The prosecution must prove two elements:
* 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)
Such an offer may be conveyed in any manner, including by words, writing or gestures.
Although the Crown must prove that the defendant intended the other person to believe the offer, it is not necessary to prove that he actually had the capacity to supply the drugs.
