Supply / Administer / Offer Class C Controlled Drug To Persons Under 18 Years Of Age Flashcards Preview

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Flashcards in Supply / Administer / Offer Class C Controlled Drug To Persons Under 18 Years Of Age Deck (21):
1

Section

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

2

Penalty

8 Years Imprisonment

3

Ingredients

1) Supplies or Administers OR
Offers to Supply or Administer OR
Otherwise Deals In

2) Class C Controlled Drug

3) To any person under the age of 18 years old

4

Supply

Includes to distribute, give or sell.

Sec 2 Misuse of Drugs Act 1975

5

R v Maginnins

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

6

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 person.

Blacks Law Dictionary

7

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.

8

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 knowing that he will not supply that drug

9

Supply

Includes to distribute, give or sell.

Sec 2 Misuse of Drugs Act 1975

10

Offers to Administer

*offers to administer a drug that he has on hand
* offers to administer a drug that will be procured at some future date
* offers to administer a drug that he mistakenly believes he can supply
* offers to administer a drug deceitfully, knowing he will not supply that drug

11

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.

12

Otherwise Deals In

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

13

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.

14

Useable Amount

In any drug offence, the quantity of the drug involved must be measurable and useable.

15

Police v Emerali

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

16

R v Strawbridge

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.

17

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

18

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

19

Person

To Any Person Under The Age Of 18 Years Old

Gender Neutral. Proven by judicial notice or circumstantial evidence.

20

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.

21

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.