Drug Dealing Flashcards
Sec 6(1)(c) MODA75
Supplies Or Administers Or Offers to supply or administer Or Otherwise deals in
Class A or B Controlled drug
To any person
Supply sec.2 MODA75
To distribute, give and sell
Distribute- relates to the supply of drugs to multiple people
Giving - involves handing over or in some way transfering an item to another person
Selling - A sale occurs when a quantity / share in a drug is exchanged for some valuable consideration
R v Maginnis
“Supply involves more than the mere transfer of physical control. It includes conferring on the recipient the ability to use the drugs for his own purpose”
Administers
To direct and cause a drug to be taken into the sustem of another person
Offers
Prosecution must prove
- The communicating of an offer
- An intention that the other person believes the offer to be genuine
R v During
An offer is an in intimation by the person charged to another that he is ready on request to supply to that other, drugs prohibited by statute
R v Brown
“..the making of such an intimation with the intention that it should be understood as a genuine offer is an offence”
Held: offer can include: Offers to supply a drug that; 1. He has on hand 2. Will be procured at a future date 3. He mistakenly believes he can supply 4. Deceitfully knowing he will not supply that drug
Hooper and Another
The court said
“In terms of Otherwise dealing (in a drug) the example which readily comes to mind is:
Barter or exchange
Guilty Knowldge
For a person to be guilty of an offence relating to drugs, they must have guilty knowledge - the must know its a controlled drug
A person who innocently possess something they genuinly believed was not a controlled drug has a defence
Guilty knowledge will be presumed in the absence of evidence to the contrary
R v Strawbridge
It is not necessary for the crown to establish knowledge on the part of the defendant,
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
Usable quantity
Must be measurable and useable
Depends on more than just size and weight. Nature if drug and condition in which it is found is relevant
It is not necessary for prosecution to prove useable quantity unless it is questioned by defence
Police v Emerali
“Possessing a narcotic does not extend to some minute & useless residue of the substance”
Held: the purpose of the statute is not to prohibit the existence of controlled drugs per se; but to prevent their illict use. It was therefore necessary for the drugs found to be of useable quantity
Controlled Drug
Any; Substance Preparation Mixture Article
Specified or described in schedule 1,2,3 of this Act
And includes any controlled drug analogue
Controlled drug analogue
Any substance with a structure substantially similar to a controlled drug.
It is a substance that has similar dangerous effects, but that is not soecifically listed in the schedules to the act.
All classified class C
Schedule 1
Class A controlled drug
Cocaine Heroine LSD Meth Psilocybine
