DRUG DEALING Flashcards
It is not necessary for the Crown to establish knowledge on the part of the 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.
Case law
R v Strawbridge
The words “produce” or “manufacture” in s 6(1)(b) broadly cover the creation of controlled drugs by some form of process which changes the original substances into a particular controlled drug.
There is no difference between produce or manufacture they are a synnonm
Case law
R v Rua
What is the definition of supply
To “supply” means “to furnish or provide something that is needed or desired”. It includes a broad range of activities designed to effect the transfer of controlled drugs from one person to another.
What is the definition of sellimg
A sale occurs when a quantity or share in a drug is exchanged for some valuable consideration.
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.
What is the definition of administering
Administering is distinguished from supplying in that it involves introducing a drug directly into another person’s system
What two elements must be proved for a charge of offering to supply
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)
[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 statue
Case law
R v During
What are the 4 ways an offender can complete the charge of offers to supply
- 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.
Possession involves two elements. The first, the physical element, is actual or potential physical custody or control. The second, the mental element, is a combination of knowledge and intention: knowledge in the sense of an awareness by the accused that the substance is in his possession; and an intention to exercise possession.
Case law
R v Cox
