011 Flashcards
Imports/exports
Sec 6(1)(a) MODA 1975 Life imprisonment -imports into OR -exports from nz -any controlled drugs (other than a controlled drug specified or describes in part 6 of schedule 3 to this act)
Produce or Manufacture any controlled drug
Sec 6(1)(b) MODA 1975 Life/14years/8 years imprisonment
- produce or manufacture
- Any controlled drug
Supply/Administer/offer to supply or administer class a or B
Sec 6 (1)(c) MODA 1975 Life/14 years imprisonment
- Supplies or
- Administers or
- Offers to supply or
- Offers to administer
- Any class A or B controlled drug
- To any other person OR
- Otherwise deals in such a drug
Supply/administer/offer class c controlled drug to person under 18
Sec6(1)(d) MODA 1975 8 years imprisonment
- Supplies OR
- Administers OR
- Offers to supply OR
- Offers to administer OR
- Class C controlled drug
- To any person under 18 years of age
Sells/offers to sell class C controlled drug to person of or over 18
Sec 6(1)(e) MODA 1975 8 years imprisonment
- Sells OR
- Offers to sell
- Class C controlled drug
- To any person of or over 18 years of age
Possession of a controlled Drug for supply/administer/sell/offer
Sec 6(1)(f) MODA 1975 Life/14 years/ 8 years
- Has in his possession
- Any controlled drug
- For any purposes set out in para. (c), (d) or (e):
(c) supply administer etc any class A or B
(d) supply, administer, offer to supply or administer class C (under 18)
(e) sell, offer to sell, class C or or over 18
Sec 6(2)(a) Conspiracy
- Anyone who
- Conspires with any other person to commit an offence against subsection (1) of this section is liable :
(a) 14 years (Class a)
(b) 10 years (class B)
(c) 7 years any other case
An agreed intention
Define import
Sec 2 Customs and Exercise Act 1996
a) In relation to any goods, means the arrival of the goods in NZ in any manner, whether lawfully or unlawfully from a point outside NZ
Saxton v Police
To import includes “to introduce from abroad or to cause to be brought in from a foreign country
Importing Process
- Offence complete even if drugs are intercepted by customs and never reach the addressee (intended recipient)
- However offence doesn’t end at border continues while goods are in transit and only concludes when they have reaches their final destination and are available to the consignee.
***R V Hancox
- The bringing of goods into the country or causing them to be brought into the country does not cease as the aircraft or vessel enters NZ territorial limits
- Importing in to NZ for the purposes of 6(1)(a) is a process- the element of importing.
The element of importing exist from the time the goods enter nz until they reach the immediate destination… (ie) when they have ceased to be under the control of the appropriate authorities and have become available to the consignee or addresses
Must prove guilty knowledge (mens Rea)
Import/export/supply/administer/offer/sell/produce/manufacture
This will include proof that the Defendant..
- Knew about the Import/export/supply/administer/offer/sell/produce/manufacture
- AND
- Knew the Imported/exported/supplied/administered/offered/sold/produced/manufactured substance was a controlled drug
- AND
- Intended to cause the Import/export/supply/administer/offer/sell/produce/manufacture
*includes wilful blindness
Export
For the purpose of this act, the time of exportation is the time when the exporting craft leave the last customs place at which the craft calls immediately before proceeding to a point outside of nz
Sec 53 customs and Excise Act 1996
Controlled Drug
Sec 2 MODA 1795
- Means any substance, preparation, mixture or article specified or describes in schedule 1,2,3 of this act and includes any controlled drug analogue
Controlled drug analogue
- Any substance eg as specified in part 7, schedule 3
- With a structure substantially similar to a controlled drug but does not include:
- Any substance specified/described in schedule 1 or 2 or Part 1-6 of Schedule 3 OR
- Pharmacy only medicine
- Approved psychoactive substance
Class A Controlled drug
As specified /described in schedule 1 to this act
- Heroin
- Cocaine
- LSD
- Meth
- Psilocybive (magic mushrooms)
Class B controlled drug
As specified/ described schedule 2 to this act
- Amphetamine
- Cannabis preparations
- GHB (fantasy)
- MDMA (ecstasy)
- Morhphine/opium/pseudoephedrine
Class C controlled drug
As specified /described in schedule 3 to this act AND
- Includes any drug analogue
- Cannabis plant/seeds
- BZP
R V Strawbridge
It is not necessary for the crown to establish knowledge on the part of the accused. In the absence of evidence to the contrary knowledge on her part will be presumed, but 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
Police V Emerali
In any drug offence the quantity of drug involved must be measureable and useable
Police v Emerali
…the serious offence of..possessing a narcotic does not extend to some minute and useless residue of the substance
Produce
To ‘produce’ means to bring something into being or to bring something into existence from its raw materials or elements
*Includes compound
***Manufacture
Manufacturing is the process of synthesis, combining components or processing raw materials to create a new substance
Ie manufacturing meth from pseudo
***R v RUA
The words “Produce or Manufacture” in sec 6(1)(b) broadly cover the creation of controlled drugs by some form of process which changes the orgincal substance into a particular controlled drug
Produce/Manufacture
Offence complete when..
The offence is complete once the prohibited substance is created, whether or not it is in a useable form