Supply/administer/offer to supply class c to person under 18

Question 1

What is the act, section and penalty for supply/administer/offer to supply class c to a person under 18 yrs?

Answer 1

Section 6(1)(d) MODA75 
8 yrs

Question 2

What the 3 elements

Answer 2

1 - supplies 
Or 
Administers 
Or 
Offers to supply 

2- class c controlled drug

3 - to any person under 18 yrs

Question 3

Supply plus case law?

Answer 3

Supply - S2 MODA 75
- means to give, sell or distribute

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

Question 4

Administer

Answer 4

• means to cause and direct a drug to be taken into the system of another person

Question 5

Offers to supply plus 3 other points?

Answer 5

Offers - Oxford dictionary
- an express readiness to do something for or on behalf of another

R v During
- an offer is an inmitdation by the person charged that they are ready on request to supply to another a drug of kind prohibited by the act.

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
• offers to supply a drug that he mistakenly believed he could supply
• offers to supply a drug knowing that he will not supply the drug

Supply - S2 MODA 75
- mean to give, sell or distribute

Question 6

Once you have choosen supply, administer or offer to supply what 3 points need to covered?

Answer 6

Guilty knowledge
Police must prove
- the defendant knew about the supply, administer or offer to supply
- knew the substance was a controlled drug
- intended to cause the supply, administer or offer to supply

R v Strawbrigde
- it is not necessary for the crown to establish knowledge on the part of the accused. Knowledge will be presumed. But if there is some evidence that the accused honestly believed on reasonable grounds that the act was innocent they are entitled to be acquired unless they jury are satisfied beyond responsible doubt that this is not so

Police v Emerali

• for any drug offence the amount must be of a measurable and useable amount
• possessing a naroctic doesn’t extend to some minute or useless residue

Question 7

Class c controlled drug

Answer 7

Class c -s2 MODA 75
- means any controlled drug specified or described in schedule 3 of this act and includes any controlled drug analogue

Controlled drug -S2 MODA75
- means substance, preparation or mixture specified or described or schedule 1,2 or 3 of this act and Includes any controlled analogue

Question 8

Person plus proving age case law

Answer 8

Person
- gender neutral proven by judicial notice or circumstantial evidence

R v Forrest and Forrest

• the best evidence possible should be produced by the prosecution when proving age
• in practice this involves producing the victims birth certificates with independent evidence that identified the victim as the person named on that certificate.