1. Dealing Offences

Question 1

Imports

Answer 1

Customs and excise act 1996
S2 interpretation

Importation-
(A) in relation to any good, means the arrival of the goods in New Zealand in any manner, whether lawfully or unlawful from a point outside NZ

Question 2

Saxton caselaw (imports)

Answer 2

To import includes to introduce from abroad or to cause to be brought in from a foreign country

Question 3

The importing process

Hancox caselaw

Answer 3

Hancox
The bringing of good into the country or causing them to be brought into the country does not cease as the aircraft or vessel enters nz. The element of importing exists from the time the goods enter nz until they reach their immediate destination. ie when they have ceased to be under the control of the appropriate authorities and have become available to the consignee or addressee

Question 4

Mens rea of importing - what must crown prove

Answer 4

The crown must prove not only that the defendants conduct in some way contributed to the actual importation of the drug, it must also prove the defendants guilty knowledge.

This will involve proof that the defendant

• knee aboht the importation and
• knew the imported substance was a controlled drug and
• intended to cause importation

Question 5

Exports

Answer 5

Section 53 customs and excise act 1996

For the purposes of this act, the time of exportation is the time when the exporting craft leaves the last customs places at which that craft calls immediately before proceeding to a point outside NZ

Question 6

Any controlled drug definition

Answer 6

Section 2 MODA

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

Question 7

Class a controlled drug definition

Answer 7

Section 2 moda

Class a controlled drugs means the controlled drugs specified or described in schedule 1 to this act

Cocaine
Heroin
LSD
methamphetamine
Magic mushrooms

Question 8

Class b controlled drugs definitions

Answer 8

Section 2 moda

Class b controlled drugs means the controlled drugs specified or described in schedule 2 to this act

Amphetamine
Cannabis oil
GHB
MDMA
Morphine
Opium
Pseudoephedrine

Question 9

Class c controlled drugs definition

Answer 9

Section 2 moda

Class c controlled drugs means the controlled drugs specified or described in schedule 3 to this act and includes any controlled drug analogues

Cannabis plant
Cannabis seedBZP
Controlled drug analogues

Question 10

Guilty knowledge caselaw

Answer 10

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.

Question 11

Useable quantity caselaw

Answer 11

Emerali

The serious offence of possessing a narcotic does not extend to some minute or useless residue of the substance

Question 12

Rua caselaw

Answer 12

The words produce or manufacture in s 6(1)(b) broadly cover the creation of controlled drugs by some form of process which changes the original substances into a particular controlled drug

Question 13

Produce definition

Answer 13

To produce means to bring something into being or to bring something into existence from its raw materials or elements

S2 moda

Produce includes compound, and production has a corresponding meaning

Question 14

Manufacturing definition

Answer 14

Process of synthesis, combing components or processing raw material to create a new substance

Question 15

Supply definition

Answer 15

S2 moda

Supply includes distribute, give and sell

Question 16

Maginnis caselaw

Answer 16

Supply involves more than the mere transfer of physical control, it includes enabling the recipient to apply the thing to purposes for which he desires

Question 17

Administers caselaw

Answer 17

Blacks law dictionary

In the context of drug dealing, the appropriate meaning of administer is to direct and cause a drug to be taken into the system of another person

Question 18

Offering to supply or administer what must prosecution prove

Answer 18

The communicating of an offer to supply or administer a controlled drug (actus reus)

An intention that the other person believes the offer to be genuine (the mens rea)

Question 19

During caselaw (offer to supply or administer)

Answer 19

An offer is an intimation by the person charged to another that he is ready in request to supply to that other drugs of a kind prohibited by the statute

Question 20

Caselaw Brown (offer to supply or administer)

Answer 20

The defendant is guilty in the following circumstances:

1. Offers to supply a drug that he has on hand
2. Offers to supply a drug that will be procured at some future date
3. Offers to supply a drug that he mistakenly believes he can supply
4. Offers to supply a drug deceitfully knowing that he will not supply that drug

Question 21

To any person definition

Answer 21

The offence is gender neutral, and the fact that the person supplied is a person is generally accepted by judicial notice or proved by circumstancial evidence

Question 22

Forrest and Forrest caselaw

Answer 22

The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age

Question 23

Possession

Answer 23

Physical and mental elements in r v Cox

Physical is the actual physical custody or control over the drugs. Eg the drug is found in their pocket or in a vehicle that the person has the keys for

Mental

Requires combination of knowledge and intention

The defendant must have intended to exercise possession

Question 24

Knowledge and intent

Answer 24

Know they have the substance
Know the substances nature and quality
Intend to use the substance in a way that allows you to charge them with possession

Question 25

Attempted possession

Answer 25

It is an attempt to gain possession of a drug, a charge which covers someone obtaining something innocuous in the mistaken belief that is is a drug

R v jay caselaw - hedge clipping

Question 26

Possession in drug cases - what crown must prove

Answer 26

Knowledge that the drug exists
Knowledge that it is a controlled drug
Some degree of control over it
An intention to possess it

Question 27

Proving intent in drug cases

Answer 27

Admissions
Circumstantial evidence
The statutory presumption under section 6(6)

Question 28

Statutory presumption

Answer 28

S6(6) moda

A person is presumed until the contrary is proved to be in possession of a controlled drug for any of the purposes in subsection (1)(c) (d) or (e) if he or she is in possession of the controlled drug in and amount, level or quantity at or over which the controlled drug is presumed to be for supply

Question 29

Drug presumptive amounts are:

Answer 29

Heroin - 0.5 grams
Cocaine - 0.5
LSD - 2.5 or 25 flakes or tablets
Meth - 5 grams
MDMA - 5 grams or 100 flakes or tablets
Cannabis resin or oil - 5 grams
Cannabis plant - 28 grams or 100 or more cigs

Any other - 56 grams

Question 30

For charges under 12A(1) what must the crown prove - supplies equipment/precursors

Answer 30

• that the defendant has supplied, produced or manufactured equipment, material or precursors
• that those items are capable of being used in the production or manufacture of controlled drugs or cultivation of prohibited plants
• that the defendant knows those items are to be used for such an offence by another person

Question 31

Define - equipment

Answer 31

Not defined by statute but will include the implements, apparatus and other hardware used in the manufacturing producing or cultivating process

Maybe include glassware, condensers, heating mantles, pots, lights, timers, water pumps etc used in cultivating cannabis

Question 32

For charges under 12A(2) what must the crown prove - possession of equipment

Answer 32

• that the defendant has equipment, material or precursors in his possession
• that those items are capable of being used in the production or manufacture of controlled drugs or cultivation
• that the defendant has the intention that those items are to be used for such an offence either by himself or another person

Question 33

Potential possession s2(2)

Answer 33

2(2) of moda states that “for the purposes of this act the things which a person has in his possession include anything subject to his control which is in the custody of another”. An example of this is if a person is storing their drugs at a friends house. A defendant can exercise control of property through an agent, however exercise of control must be established.

Question 34

How may a Defendant rebut a charge of “Possession for Supply 6(1)(f)” if the charge is based on S6(6) - Amount presumed to be for supply?

Answer 34

The charge may be rebutted by the Defendant if the person is able to prove, on the balance of probabilities, that they did not intend to commit a “dealing” offence, despite the amount. E.g. the Defendant had a large addiction problem and required a large amount for personal use

Question 35

Section 6(2A) covers “Conspiracy to deal…” what must Police prove if the offence was to be committed in another country?

Answer 35

Police must prove that the Defendant had done something to complete the conspiracy in New Zealand

Question 36

What crown must prove for import/export

Answer 36

Proof the defendant

• knew about the importation
• knew the imported substance was a controlled drug
• intended to cause the importation