Supplying a Controlled Drug

Question 1

Q: What is the law on supplying a controlled drug?

Answer 1

S4(3) 1971 Act
It is an offence for a person-
(a) to supply or offer to supply a controlled drug to another
(b) to be concerned in the supplying of such a drug to another
(c) to be concerned in the making to another an offer to supply such a drug

Question 2

Q: Summary- the 4 forms of supplying a controlled drug

Answer 2

1. Unlawful supply- requires proof of actual supply of a controlled drug to another
2. Making of an offer to supply a controlled drug to another
3. Participation of D in the enterprise of supplying controlled drugs to another- requires proof of actual supply of a controlled drug to another
   - It will be necessary to prove that D knew that the enterprise involved the supplying or offering of drugs
4. Participation by D in the making of an offer to supply to another

Question 3

Q: How is the offence of unlawful supply different to offering to supply?

Answer 3

For unlawful supply there must actually be a controlled drug.
For offering to supply it is the making of the offer which is crucial. The offence is still committed even if the drug is not a controlled drug and D knows this.
Eg: if D offers to supply cocaine to X, but he supplies a harmless substance, D has still committed the offence of offering to supply a controlled drug.

Question 4

Q: Is the offence made out if D does not intend to carry out the offer?

Answer 4

Whether or not D actually intends to carry out the offer into effect is irrelevant. It is the making of the offer that completes the offence.

Question 5

Q: How can offers be made?

Answer 5

Offers can be made by words or by conduct.

Question 6

Q: What are the maximum sentences for supply offences?

Answer 6

Class A- life imprisonment (indictment), 6 months summarily
Class B- 14 years (indictment), 6 months summarily
Class C- 14 years (indictment), 3 months summarily