Supply/Administer/offer to supply class A or B Flashcards Preview

CIB/CPK Study Cards - email BHCC36 > Supply/Administer/offer to supply class A or B > Flashcards

Flashcards in Supply/Administer/offer to supply class A or B Deck (14)
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1
Q

What is the charge, act, section and penalty for supply, offer to supply, administer class a or b controlled drug

A

Supply/Administer/offer to supply class A or B
S6(1)(c) MODA 75
Life
14 years

2
Q

What the 3 elements

A
1- Supplies
or 
Administers
or 
Offers to supply

2- Class A or B controlled drug
3- To any person

3
Q

Supply

A

Supply - S2 MODA 75

- Includes to distribute, give or sell

4
Q

Case law that goes with supply? R v Maginis

A

R v Maginis
- supply involves more than the mere transfer of physical control. It includes enabling the person to apply the thing to purposes for which they desire

5
Q

Offers?

A

Express redness to do something for or on behalf of someone

6
Q

Offers to supply Case law? R v During

A

R v During
- an offer is an intimidation by the person charged that he is ready on request to supply to another drugs of a kind prohibited by the act

7
Q

Offering to supply case law? R v Brown

A

R v Brown

  • offers to supply a drug that is on hand
  • offers to supply a drug that will be produced at some future date
  • offer to supply a drug that he mistakenly believed he could supply
  • offers to supply a drug knowing he will not supply that drug
8
Q

Supply plus section

A

Supply -S2 MODA 75

Includes to distribute, give or sell

9
Q

Once you have chosen a supply, offer to supply or administer what 3 points need to be covered?

A

Guilty knowledge
R v Strawbrigde
Police v Emerali (useable amount)

10
Q

Then decide is it class a or b controlled drug

A

Class A - S2 MODA 75
- means any controlled drug specified or described in schedule 1 of this act

Or

Class B - S2 MODA 75
- means any controlled drug specified or described in schedule 2 of this act

Controlled drug -S2 MODA 75
- means any substance, preparation or mixture specified or described in schedule 1, 2 or 3 of this act and includes any controlled drug analogue

11
Q

Person

A
  • gender neutral proved by judicial notice or circumstantial evidence.
12
Q

If you select offers to supply what 4 points need to be covered?

A

Offers
R v During
R v Brown
Supply - S2 MODA 75

13
Q

If you select supply what 2 points need to be covered?

A

Supply - S2 MODA 75

R v Maginis

14
Q

Meaning of Admininster?

A

The meaning of administer is to direct and cause a drug to be taken into the system of another person.

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