Case Law & Definitions - Drugs Flashcards
Saxton v Police
To import includes to introduce or bring in from abroad or to cause to be brought in from a foreign country.
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’s territorial limits (12 nautical miles) Importing into NZ for the purpose of s6(1)(a) is a process. The elements of importing exist 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)
Controlled Drug (s2)
Any substance, preparation, mixture or article specified or described in schedule 1, 2 or 3 to this Act and includes any controlled drug analogue.
Drug Analogue
Any substances with a structure substantially similar to a controlled drug. It is a substance that has similar dangerous effects, but that is not specifically listed in the schedules to the Act.
Class A
Schedule 1 (Life) - Very high risk of harm to individuals and to society. Cocaine - 0.5g Heroin - 0.5g Lysergide (LSD) - 2.5g or 25 tabs/flakes Methamphetamine - 5g Psilocybin (found in magic mushrooms)
Any other controlled drug is 56g
Class B
Schedule 2 (14yrs) - High risk of harm to individuals and to society.
Amphetamine
Cannabis preparations (oil or hashish) - 5g
GHB (Fantasy)
MDMA (Ecstasy) - 5g or 100 tablets/flakes
Morphine
Opium
Pseudoephedrine
Class C
Schedule 3 (8yrs) - Moderate risk of harm to individuals and to society. Cannabis Plant - 28g or 100 cigarettes Cannabis seeds Benzylpiperazine (BZP) Controlled drug analogues
Any other controlled drug is 56g
R v Strawbridge
It is not necessary for the crown to establish knowledge on the part of 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 believes in 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.
R v Emerali - Useable Quantity
The serious offence of possessing a narcotic does not extend to some minute and useless residue of the substance.
R v Rua
The words “produce” and “manufacture” in s6(1)(b) broadly cover the creation of controlled drugs by some form of process which changes the original substance into a particular controlled drug.
Produce v Manufacture
Produce - compound or bring something into being/existence from its raw materials or elements. To compound is to create a whole by mixing or combining two or more elements or parts.
Manufacture - is the process of synthesis. Combining components or processing raw materials to create a new substance.
Supply
Distribute - supply of drugs to multiple people.
Give - handing over or in some other way trading an item to another person. It can occur without the active transfer. A Passive Custodian permits another To help themselves.
Sell - when quantity or share in a drug is exchanged for some valuable consideration.
Administer
Involves introducing a drug directly into another persons body.
R v During
An offer by the person charged, to another, that he is ready on request to supply drugs off kind prohibited by statute.
Actus Reus of Offering
R v Brown
The making of such an offer, with the intention that it should be understood as a genuine offer, is an offence.
Mens Rea of Offering.
Eg. Offers to supply a drug
-that he has on hand
- that will be produced at some future date
- that he mistakenly believes he can supply
- deceitfully, knowing he will not supply that drug.
