Conspiring and Equipment Flashcards
Section 6(2A) and penalties:
Every person who conspires with any other person to commit an offence against subsection (1) commits an offence against this Act
Class A = 14 years
Class B = 10 years
Class C = 7 years
What is a conspiracy?
A criminal conspiracy consists of an agreed intention which is common to the mind of the conspirators and a common intention to commit the offence.
Explain the conspiracy to import controlled drugs when the agreement or unlawful acts are carried out overseas:
It will be necessary to prove that the defendant had done something to complete the conspiracy in NZ for the offence to come within the jurisdiction of the NZ courts
When is the conspiracy complete?
Once the agreement has been made and does not require any further involvement in the commission of the crime.
What is covered in Section 12A?
Supplying, producing or manufacturing equipment, material and precursors or
Possessing such items, for the purpose of producing/manufacturing controlled drugs or of cultivating prohibited plants.
Who are Section 12A charges often filed against?
Businesses such as hydroponics suppliers
What 3 elements must the Crown prove to charge for a Section 12A (1) supplies equipment?
- Defendant has supplied, produced or manufactured equipment, materials or precursors
- Items are capable of being used in the production or manufacture of controlled drugs or the cultivation of prohibited plants
- Defendant knows those items are to be used for such an offence by another person
Define producing and manufacturing in the context of equipment
The making and creating of the relevant items or substances
Define the term equipment and give 3 examples:
Is not defined by statute but will include the implements, apparatus and other hardware used in the manufacturing, producing or cultivating process.
Examples:
- glassware
- condensers
- heating mantles
Define materials and give 3 examples:
Is also not defined, in practice the term is likely to include anything used in the process of producing, manufacturing or cultivating that cannot be properly described as equipment.
Examples:
- Chemicals (not precursors)
- Documents providing instructions
- Fertilisers
What does precursor mean?
“Precursor” means “fore-runner”. In this context it refers to a substance that is the starting point in a chemical process that will result in the creation of a new drug.
Examples of precursors:
Lysergic acid (precursor to LSD)
Pseudoephedrine (precursor to Meth)
Explain ‘knowledge’ in the context of eqiupment:
Knowledge requires more than suspicion. It must be proved that the accused knew the items were to be used in the commission of a specified offence.
Knowing or correctly believing.
What 3 elements must the Crown prove for a charge of Section 12A (2) possession of equipment:
- 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 the cultivation of prohibited plants
- That the defendant has the intention that those items are to be used for such an offence either by himself or another person
Describe ‘intent’ relating to possession of equipment:
- It must be proved that the defendant intended the items to be used some time in the future
- It is not necessary that the defendant intends to use the items himself
- It is not necessary to prove that the offence was actually committed or attempted.
Can words amount to obstruction? reference caselaw
Yes
Urlich v Police - The ordinary meaning of obstruct is to impede or make difficult. There is no reason why words alone, provided they are uttered in circumstances under which they can be believed cannot amount to obstruction.
Is possession of a needle an offence?
Possession of a needle is not an offence per se but will become so if the syringe contains a useable amount of a controlled drug. An offence is being committed in respect of the drugs (possession)
