Liability - Section 6(1)(c)

Question 1

Section and penalty

Answer 1

Section 6(1)(c) Misuse of Drugs Act 1975

Life, 14 years imp

Question 2

Ingredients

Answer 2

1)  Supplies or Administers      
OR
Offers to supply or administer
OR
Otherwise deal in

2) Any Class A or B controlled drug
3) To any person

Question 3

Supply

Answer 3

Sec 2, Misuse of Drugs Act 1975

Includes to distribute, give or sell.

Question 4

R v Maginnis

Answer 4

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.

Question 5

Administers

Answer 5

Black’s Law Dictionary

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.

Question 6

Offers

Answer 6

Oxford dictionary

Express readiness to do something for or on behalf of someone.

Question 7

Offering to Supply/Administer

Prosecution must prove

Answer 7

The communicating of an offer to supply or administer a controlled drug (actus reus)

An intention that the other person believes the offer to be genuine

Question 8

R v During

Answer 8

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.

Question 9

R v Brown

The defendant is guilty in the following instances

Answer 9

• offers to supply a drug that he has on hand
• offers to supply a drug that will be procured at some future date
• offers to supply a drug that he mistakenly believes he can supply
• offers to supply a drug deceitfully, knowing he will not supply that drug

Question 10

Must Prove Guilty Knowledge

Answer 10

This will involve proof the defendant:

1) knew about the supply / administering / offer

and

2) knew that the supply / administering / offer substance was a controlled drug

and

3) intended to cause the supply / administering / offer.

Question 11

R v Strawbridge

Answer 11

It is not necessary for the Crown to establish knowledge on the part ofthe accused. In the absence of evidence to the contrary knowledge on her part will be presumed, but if there is some evidence that the accused honestly believed on reasonable grounds that her act was innocent, then she is entitled to be acquitted unless the jury is satisfied beyond reasonable doubt that this was not so.

Question 12

Useable Amount

Answer 12

In any drug offence, the quantity of the drug involved must be measurable and useable.

Question 13

Police v Emerali

Answer 13

The serious offence of possessing a narcotic does not extend to some minute and useless residue of the substance.

Question 14

Class A Controlled Drug

Answer 14

Means any controlled drug as specified or described in schedule 1 to this act.

Sec 2 Misuse of Drugs Act 1975

Question 15

Class B Controlled Drug

Answer 15

Means any controlled drug as specified or described in schedule 2 to this act.

Sect 2 Misuse of Drugs Act 1975

Question 16

Controlled Drug

Answer 16

Means any substance, preparation, mixture or article specified or described in schedule 1, schedule 2 or schedule 3 to this act and includes any controlled drugs analogue.

Sec 2 Misuse of Drugs Act 1975

Question 17

Person

Answer 17

Gender neutral. Proven by judicial notice or circumstantial evidence.

Question 18

Otherwise deal in

Of note only

Answer 18

An example of this is to barter or exchange.