Supply, Administer - Offer to Supply/Administer - Class A or B Controlled Drug Flashcards Preview

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Flashcards in Supply, Administer - Offer to Supply/Administer - Class A or B Controlled Drug Deck (21):
1

Section

Section 6(1)(c) Misuse of Drugs Act 1975

2

Penalty

Life, 14 years Imprisonment

3

Ingredients

1) Supplies or Administers OR

Offers to supply or administer OR

Otherwise deals in


2) Class A or B controlled drug

3) To any person

4

Supply

Includes to distribute, give or sell

Sec 2, Misuse of Drugs Act 1975

5

R v Magginis

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.

6

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 person.

Black's Law Dictionary

7

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.

8

Offering 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

Offering 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 charged to another that he is ready on request to supply to that other, drugs of a kind prohibited by the statute.

12

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.

Black's Law Dictionary

13

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 it or offering to supply or administer it.

14

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.

15

Useable Amount

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

16

Police v Emerali

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

17

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.

18

Class A Controlled Drug

Means any controlled drug listed in schedule 1 to this act.

Sec 2 Misuse of Drugs Act 1975

19

Class B Controlled Drug

Means any controlled drug listed in schedule 2 to this act.

Sect 2 Misuse of Drugs Act 1975

20

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 drugs analogue.

Sec 2 Misuse of Drugs Act 1975

21

Person

Gender neutral. Proven by judicial notice or circumstantial evidence.