Supplies, Administers or Offers to Supply or Administer Class C Controlled Drug to Persons Under 18 years Flashcards Preview

CIB 011 - Drug Offences > Supplies, Administers or Offers to Supply or Administer Class C Controlled Drug to Persons Under 18 years > Flashcards

Flashcards in Supplies, Administers or Offers to Supply or Administer Class C Controlled Drug to Persons Under 18 years Deck (17)
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1

Section and penalty

Sec 6(1)(d) Misuse of Drugs Act 1975

8 years imp

2

Ingredients

1) Supplies or Administers
OR
Offers to supply or administer

2) Any Class C Controlled Drug

3) To any person under 18 years of age

3

Supply

Sec 2 Misuse of Drugs Act 1975

Includes to distribute, give or sell.

4

R v Maginnis

Supply involves more than the mere transfer of physical control. In includes enabling the recipient to apply the thing, to purposes for which he desires

5

Administer

Blacks 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.

6

Offers

Oxford dictionary

Express readiness to do something for or on behalf of someone

7

Offering to Supply/Administer

Prosecution must prove

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

8

R v During

An offer is an intimation by the person charge to another that he is ready on request to supply to that other, drugs of a kind prohibited by the statute.

9

R v Brown

The defendant is guilty in the following instances

* 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

10

Must Prove Guilty Knowledge

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.

11

R v Strawbridge

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.

12

Police v Emerali

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

13

Class C Controlled Drug

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

Sec 2 Misuse of Drugs Act 1975

14

Controlled Drug

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 drug analogue.

Sec 2 Misuse of Drugs Act 1975

15

Person

To Any Person Under The Age Of 18 Years Old

Gender Neutral. Proven by judicial notice or circumstantial evidence.

16

R v Forrest and Forrest

The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victim's age.

17

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.