6(6) Flashcards
Proving intent
Circumstantial evidence from which an offenders intent maybe inferred can include
Offenders actions and words before during and after the event
Surrounding circumstances
Nature of act itself
Statutory presumption 6(6)
A person in possession of a controlled drug for any of the purposes (1) c,d,e over specified amounts are considered to have possession for the purpose of supply unless they can prove otherwise
Rebuttal to presumption
If the person is able to prove on the balance of probabilities that they did not intend to commit a dealing offence
Eg heavily addicted and require large amount
Attempted possession
Offence to attempt to gain possession of a drug in the mistaken belief it is a drug
Eg thought it was cannabis but had purchased hedge clippings
What are the 2 types of possession
Actual and potential possession
Potential possession
S2(2)
Things a person has in his possession include anything subject to his control which is in the custody of another person
Eg storing drugs at a friends house
Actual possession
Actually has the drug in their control or custody
Specified amounts
Class A
Meth 5 grams
Heroine 0.5grams
Cocaine 0.”5 grams
LSD 2.5 milligrams or 25 flakes
Class B
Cannabis oil 5 grams
MDMA(ecstasy) 5 grams or 100 tablets
Class C
Cannabis plant 28grams or 100 cigarettes
not specified in schedule 5 is 56grams
Sec 6(2A) conspiring to deal with controlled drugs
An agreement between 2 or more people to commit an offence (drug dealing)
Prove the defendant had something to do with the conspiracy in NZ to come within jurisdiction of NZ courts
Proving intent in drug cases
Admissions
Circumstantial evidence
Stat presumption sec 6(6)
What are the 2 elements you need for Proof of possession
Actus and mens rea
Physical element - actual custody or control
Mental element
Knowledge and intention
What is the specified amount of any other drug not on the schedule
56 grams
