Supplies Class A or Class B Controlled Drug Flashcards Preview

CIB 011 - Drugs > Supplies Class A or Class B Controlled Drug > Flashcards

Flashcards in Supplies Class A or Class B Controlled Drug Deck (10)
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1

What is the act, section and punishment for 'supplies class A or class B controlled drug?'

s6(1)(c) Misuse of Drugs Act 1975

Class A: Life Imprisonment
Class B: 14 Years

2

What are the elements of 'supplies class A or class B controlled drug'?

1a) Supplies
OR
1b) Administers
OR
1c) Offers to Supply
OR
1d) Offers to Administer
OR
1e) Otherwise deals in

2) Class A or B Controlled Drug

3) To any person

3

Explain the following element of 'supplies class A or class B controlled drug':

1a) Supplies

Includes to distribute, give or sell. - s2 Misuse of Drugs Act 1975

Supply involves more than the mere transfer of physical control, it includes enabling the recipient to apply the things to purposes to which they desire. - R v Maginnis

GUILTY KNOWLEDGE - STRAWBRIDGE
USEABLE QUANTITY - EMERALI

4

Explain the following element of 'supplies class A or class B controlled drug':

1b) Administers

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. - Black's Law Dictionary

GUILTY KNOWLEDGE - STRAWBRIDGE
USEABLE QUANTITY - EMERALI

5

Explain the following element of 'supplies class A or class B controlled drug':

1c) Offers to Supply

Offer:
Express readiness to do something for or on behalf of someone - Oxford English Dictionary.

Offer to Supply:
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 state - R v During

'Offering' includes:
- offers to supply a drug they have on hand,
- offers to supply a drug that will be procured at a later date,
- offers to supply a drug that they mistakenly believe they can supply,
- offers to supply a drug deceitfully, knowing he will not supply that drug. - R v Brown

Supply:
Includes to distribute, give or sell. - s2 Misuse of Drugs Act 1975

GUILTY KNOWLEDGE - STRAWBRIDGE
USEABLE QUANTITY - EMERALI

6

Explain the following element of 'supplies class A or class B controlled drug':

1d) Offers to Administer

Offers:
Express readiness to do something for or on behalf of someone - Oxford English Dictionary.

Administer:
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. - Black's Law Dictionary

GUILTY KNOWLEDGE - STRAWBRIDGE
USEABLE QUANTITY - EMERALI

7

Explain the following element of 'supplies class A or class B controlled drug':

1e) Otherwise deals in

The term "otherwise deals" is aimed at dealing a drug by some means other than by distributing, giving or selling it, administering it or offering to supply or administer it.

GUILTY KNOWLEDGE - STRAWBRIDGE
USEABLE QUANTITY - EMERALI

8

Explain the requirements of 'guilty knowledge' and 'useable quantity' in relation to drug dealing.

Guilty Knowledge:
Proving guilty knowledge will involve proof that the defendant:
- Knew about the supply/administer/offer, and
- Knew the supplied/administered/offered substance was a controlled drug, and,
- Intended to cause the supply/administer/offer

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 will be presumed, but if there is some evidence that the accused honestly believed on reasonable grounds that their act was innocent, then they are entitled to be acquitted unless the jury is satisfied beyond reasonable doubt that this was not so. - R v Strawbridge.

Useable Amount:
In any drug offence the quantity of drug involved must be measurable and useable.

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

9

Explain the following element of 'supplies class A or class B controlled drug':

2) Class A or B Controlled Drug

Class A:
Means any controlled drugs specified or described in schedule 1 to this Act. - s2 Misuse of Drugs Act 1975

Class B:
Means any controlled drugs specified or described in schedule 2 to this Act. - s2 Misuse of Drugs Act 1975

Controlled Drug:
Means any substance, preparation, mixture or article specified or described in schedule 1, 2 or 3 of this Act and includes any controlled drug analogue. - s2 Misuse of Drugs Act 1975

10

Explain the following element of 'supplies class A or class B controlled drug':

3) To any person

Gender neutral. Proven by judicial notice or circumstantially.