Chapter 1 - Dealing offences Flashcards
What must be proved for importation ?
• Knew about the importation
• Knew the imported substances was a controlled drug
• Intended to cause the importation
3 things to prove guilty knowledge ?
• Knew about the substance
• Knew the substance was a controlled drug
• Intended to cause the substance to be supplied
Controlled drugs meaning ?
Any
Substance
Preparation
Mixture
Article Specified or described in schedule 1 2 and 3 of the MODA 75 includes any controllers drug analogue
Controlled Drug Analogue
Any substance that has a structure substantially similar to that of a controlled drug
Definition of Class C drug ?
Controlled drugs specified or described in the schedule 3 to the MODA 75 includes any controlled drug analogue
When is the offence manufacturing complete ?
Complete once the prohibited substance is created whether or it is in a useable form
R v Strawbridge
• To be guilty of an offence they must have Knowledge
Define supply ?
To Give, Sell or Distribute
Class B Drug ?
Any controlled drug specified or described in schedule 2 of this act
Definition of dealing offence ?
(1) No person shall
(A) import or export from NZ any controlled drug
(B) Produce or Manufacture any controlled drug
(C) Supply, Administer or offer to supply or administer or otherwise deal any Class A or Class B controlled drug
(D) Supply, Administer or offer to supply or administer or otherwise deal any Class C controlled drug to person under the age of 18 years
(E) Sell or offer to sell any Class C controlled drug to person over the age of 18
(F) Have any controlled drug in his possession for any any purpose set out in paragraph C D and E