HIRAC = Heading, Issue, Rule, Application, Conclusion
The given set of facts can be resolved by applying Criminal Law.
The rationale of the law in question is to protect the health and safety of persons, prevent
the commercial sale or distribution of substances which may cause harm to persons and the
community in general. Maximum penalty of 2000 penalty units and/or 10 years
imprisonment demonstrates the seriousness of the act of supply.
The Banned Recreational Drug Act 2004 (QLD) received the Governor's assent on 1 February
2004, this incident took place 28 February 2004, and therefore the Act was well in place
prior to the incident.
Schedule 1 of the Act includes the following definition:
“Supply” means sell, offer for sale, or otherwise distribute.
By virtue of Schedule 2 of the Act. Soma Heaven is a banned recreational drug.
Applying rules/principles to the facts
The Australian legal Dictionary defines quid pro quo as “one thing in exchange for another,
something in exchange, a fair equivalent”. 1
Based on it is likely that Nic would be guilty of an offence under section 10. Schedule 1
describes “supply” to sell, offer to sell or otherwise distribute a drug. Because Nic is getting
something of value in this transaction (dinner and a night out), she would likely to be seen
as selling the drug for a form of remuneration.
1 David Hamer, Ray Finkelstein, Concise Australian Legal Dictionary (LexisNexis 5th ed, 2015) (cth) 526
According to S24 of the Drugs, Poisons and Controlled Substances Act 1981 the definition of
supply as follows:
24 supply means—
(a) supply, provide, give or deliver, whether or not for fee, reward or consideration or in
expectation of fee, reward or consideration;
(b) agree or offer for the purpose of supply as defined in paragraph (a), expose for the
purpose of supply as so defined, keep or have in possession for the purpose of supply as so
defined, send forward or receive for the purpose of supply as so defined; and
(c) authorize, direct, cause, allow, suffer, permit or attempt to do any of the acts or things
mentioned in paragraph (a) or paragraph (b)— and the derivatives of supply shall have
corresponding meanings; 2
As supply also means otherwise to distribute. Nic has distributed the drug to her friends and
so there is a high chance that she would fall within the definition of “supply”.
The Black’s Law Dictionary defines distributor as a person or entity that markets or
distribute products. 3
By providing the drugs it is a means of Distribution. Therefore, it is highly likely that Nic
would be guilty of an offence under the s10 of the banned recreational drugs act 2004
Nic has authorised, allowed and permitted the illegal drugs to transfer from its possession to
another party. The Drugs Misuse Act 1986 s4 (b) sets out supply to give away, distribute,
administer, transport or supply. 4 Therefore, no actual fee needs be required to determine
the supply. Merely offering to provide drugs would in itself constitute a breach of the act.
In Nics case this was distributed directly by way of supply to the other two parties.
Remuneration has been considered by way of dinner and a night out. Nic is guilty of the
supplying and distributing the drug.
(a) for part 5A—see section 43A; or
(b) otherwise, means—
(i) give, distribute, sell, administer, transport or supply; or
(ii) offering to do any act specified in subparagraph (i); or
(iii) doing or offering to do any act preparatory to, in furtherance of, or for the purpose of,
any act specified in subparagraph (i).
2 Drugs, Poisons and Controlled Substances Act 1981 (cth) s 24 (a)(b)
3 Gamer, Bryan A and Henry Campbell Black, Black’s Law Dictionary (9 th ed, 2009)
4 Drugs Misuse Act 1986 (cth) s4 (b) i
David Hamer, Ray Finkelstein, Concise Australian Legal Dictionary (LexisNexis 5 th ed,
Gamer, Bryan A and Henry Campbell Black, Black’s Law Dictionary (9 th ed, 2009)
A person or entity that markets or distributes products.
Drugs, Poisons and Controlled Substances Act 1981 (cth) s 24 (a)(b)
Drugs Misuse Act 1986 (cth) s4 (b) i
C. Case Law
R v Maroney  QCA 310
D. Internet Sources
just giving a pill to a friend https://www.qld.gov.au/law/crime-and-police/types-of-crime/drug-
CITATION: R v Maroney  QCA 310 PARTIES: R v MARONEY, Paul Steven
(applicant/appellant) FILE NO/S: CA No 20 of 2000 CA No 172 of 2000 SC No 438 of