Previous Topic

Next Topic

Book Contents

Book Index

7.6.1.6 - Additional Direction: Offering or Agreeing to Sell a Drug of Dependence

Click here to obtain a Word version of this document for adaptation.

 

[Insert the following section where indicated if it is alleged that the accused trafficked by offering or agreeing to sell a drug of dependence.]

 

The first element relates to what the accused did. S/he must have intentionally committed an act of trafficking.

The law defines "trafficking" to include a number of different activities, such as selling, exchanging, offering to sell, agreeing to sell or manufacturing certain drugs, known as "drugs of dependence".

The prosecution does not need to prove that the accused did all of these things. For this element to be satisfied, the prosecution only needs to prove that the accused intentionally committed at least one of the acts specified by law.

In this case, the relevant act of trafficking is [offering/ agreeing] to sell a drug of dependence. This requires the prosecution to prove three things beyond reasonable doubt:

First, that the accused made a genuine [offer/ agreement] to sell a drug of dependence – in this case [insert name of drug].

Second, that the accused intended to make that [offer/ agreement]. That is, they deliberately [offered/ agreed] to sell that drug.

Third, that the accused intended that the [offer/ agreement] would be regarded as genuine by the purchaser.

If relevant, add the following shaded section

The prosecution does not need to prove that the accused actually possessed [insert name of drug], or was able to supply it to the purchaser. Nor do they need to prove that the accused ever intended to carry out the offer by providing [insert name of drug] to the purchaser. Even if the accused intended to supply a different drug, or to provide no drug at all, this first element will be satisfied as long as the prosecution have proved that s/he made a genuine [offer/ agreement] to sell [insert name of drug], intending that the [offer/ agreement] would be regarded as genuine.

In this case, the prosecution alleged that NOA [offered/ agreed] to sell a drug of dependence when [insert relevant evidence]. The defence responded [insert any relevant evidence or arguments].

It is for you to determine, based on all of the evidence, whether NOA made a genuine [offer/ agreement] to sell a drug of dependence, intended to make that [offer/ agreement], and intended that [offer/ agreement] to be regarded as genuine by the purchaser. It is only if you are satisfied of all three of these matters, beyond reasonable doubt, that this first element will be met.

 

Last updated: 2 March 2007

See Also

7.6.1 - Trafficking in a Drug of Dependence

7.6.1.1 - Charge: Trafficking a Commercial / Large Commercial Quantity of a Drug of Dependence - Giretti trafficking

7.6.1.2 - Charge: Trafficking in a Drug of Dependence

7.6.1.3 - Additional Direction: Selling, Exchanging or Manufacturing a Drug of Dependence

7.6.1.4 - Checklist: Trafficking by Sale, Exchange or Manufacture

7.6.1.5 - Checklist: Trafficking by Sale, Exchange or Manufacture (Commercial or Large Commercial quantity)

7.6.1.7 - Checklist: Trafficking by Offering or Agreeing to Sell

7.6.1.8 - Checklist: Trafficking by Offering or Agreeing to Sell (Commercial or Large Commercial quantity)

7.6.1.9 - Additional Direction: Preparing a Drug of Dependence for Trafficking

7.6.1.10 - Checklist: Trafficking by Preparing a Drug for Trafficking

7.6.1.11 - Checklist: Trafficking by Preparing a Drug for Trafficking (Commercial or Large Commercial quantity)

7.6.1.12 - Additional Direction: Possessing a Drug of Dependence for Sale

7.6.1.13 - Checklist: Trafficking by Possession for Sale

7.6.1.14 - Checklist: Trafficking by Possession for Sale (Commercial or Large Commercial quantity)

7.6.1.15 - Additional Direction: Conducting a business of trafficking (Giretti trafficking)

7.6.1.16 - Additional Direction: Possession of a traffickable quantity

7.6.1.17 - Additional Direction: Commercial or Large Commercial Quantity

7.6.1.18 - Additional Direction: Trafficking to a Child

7.6.1.19 - Checklist: Trafficking to a Child (Sale or Exchange)

7.6.1.20 - Checklist: Trafficking to a Child (Offering or Agreeing to Sell)

7.6.1.21 - Additional Direction: Authorisation and Licensing