Drug Offences 2

Question 1

R v Maginnis

Answer 1

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. “

Question 2

Definition - Administers (Black’s Law Dictionary)

Answer 2

Definition - Administers (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 3

Definition - Offers (Oxford Dictionary)

Answer 3

Definition - Offers (Oxford Dictionary)

Offers -

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

Question 4

Offers to Supply – R v During

Answer 4

Offers to Supply – 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.

Question 5

Offering to Supply – R v Brown

Answer 5

Offering to Supply – R v Brown

• 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 6

Definition - Otherwise deals in

Answer 6

Otherwise deals in -

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.

***Must prove Guilty Knowledge

This will involve proof that the Defendant:

• Knew about the supply / administering / offer AND
• Knew the supply / Administering / Offer substance was a controlled drug AND
• Intended to cause the supply / administer / offer

Question 7

Definition - Class A Controlled Drug – s2, MODA 1975

Answer 7

Class A Controlled Drug – s2, MODA 1975 -

Means any controlled drugs specified or described in Schedule 1 to this Act.

Question 8

Definition - Class B Controlled Drug – s2, MODA 1975

Answer 8

Class B Controlled Drug – s2, MODA 1975 -

Means any controlled drugs specified or described in Schedule 2 to this Act.

Question 9

Definition - Class C Controlled Drug – s2, MODA 1975

Answer 9

Class C Controlled Drug – s2, MODA 1975 -

Means the controlled drugs specified or described in Schedule 3 to this Act and includes any controlled drug analogue.

Question 10

Definition - Proving Age

Answer 10

Proving Age -

In practice this generally involves producing the Victim’s birth certificate

in conjunction with independent evidence

that identifies the Victim as the person named in the certificate.