1. Miscellaneous Offences Flashcards
Where there is a conspiracy to import controlled drugs into New Zealand and the agreement or unlawful acts are carried out in foreign territory, what must you prove?
It will be necessary to prove that the defendant had done something to complete the conspiracy in New Zealand for the offence to come within the jurisdiction of the New Zealand courts.
IE, using NZ Post Services, Customs to import the drugs.
What is the ‘key’ point when dealing with conspiracy offences?
The conspiracy is complete once the agreement has been made.
A criminal conspiracy consists of an agreed intention which is common to the mind of the conspirators and a common design to commit the offence, rather than any actual action.
What must the crown prove when dealing with the offence of ‘Supplies Equipment/Precursors’ Section 12A(1) MODA1975? (Supplied, Capable, Knowledge)
(3 things)
- That the defendant has supplied, produced or manufactured equipment, material or precursors
- That those items are capable of being used in the production, manufacture, and cultivation of controlled drugs/plants
- Defendant knows those items are to be used for such an offence by another person
Possession of Equipment/Precursors etc Section 12A(2)
Crown must prove (3 things)
- That the defendant has equipment, materials or precursors in his possession
- That those items are capable of being used in the production, manufacture, or cultivation of controlled drugs/plants.
- That the defendant has the intention that those items are to be used for such an offence, either by himself or another person
Under section 9(4) there is a defense to a charge of cultivation of a prohibited plant. What is this defense?
if the person charged proves that the prohibited plant to which the charge relates was of the species Papaver somniferum.
and that it was not intended to be a source of any controlled drug or that it was not being developed as a strain from which a controlled drug could be produced.
What is the difference between the offence of obstruction contained in the Summary Offences Act 1981 and the Misuse of Drugs Act 1975?
The offence of obstruction in the Misuse of Drugs Act relates specifically to obstructing anyone who is executing powers pursuant to the Misuse of Drugs Act 1975.
What are some examples of “equipment” against section 6(1)(b)
Implements, apparatus and other hardware used in the manufacturing producing, or cultivating process.
Rose owns a rural property. John, her son, resides with her. John uses the spare bedroom to grow cannabis, which he then supplies to the locals. Rose is aware of John’s illegal activities but does not have any involvement in his activities whatsoever. What can Rose be charged with?
Rose can be charged under section 12(1) as she is knowingly permitting her premises (spare room) to be used by John to cultivate and supply cannabis, which is an offence against the MODA 1975.
What activities does the term ‘supplying a drug’ cover?
Supplying drugs includes distributing, giving or selling drugs.
What are the two elements that the prosecution has to prove in relation to the offence of offering to supply?
- The elements of the offence of offering to supply are:
− the use of words that convey an offer
− the intention to make the other person believe the offer that has been made is real.
What difference does age make to the offences involving Class C controlled drugs?
The difference in age regarding drug offences means that, when the receiver is:
− under 18 years of age, it is illegal to supply or administer, or offer to supply or administer, a Class C controlled drug to them
− over 18 years of age, the only offences are to sell, or offer to sell, them a Class C controlled drug.c
