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DDC > Day 7: Drugs > Flashcards

Day 7: Drugs Flashcards

1
Q

What is a controlled drug?

A

SPAM

Any substance, preparation, mixture or article specified or described in schedule 1, 2 or 3. Includes temporary controlled drug analogue.

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2
Q

What is a controlled drug analogue?

A

Any substance (other than specified exceptions) with a structure substantially similar to a controlled drug.

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3
Q

Exceptions for controlled drug analogue

A
  • Any substance in
    schedule 1 and 2 or parts
    1 - 6 in schedule 3
  • prescription medicine
  • approved product within
    psychoactive substances
    act 2013
  • non - psychoactive THC
    analogue
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4
Q

What are controlled drug analogues classed as?

A

All Class C controlled drugs, irrespective of the class of drug the resemble

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5
Q

Describe the risk levels for each Class of controlled drug

A

Risk of harm to individuals and society:

Class A = Very high risk
Class B = High risk
Class C = Moderate risk

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6
Q

Explain what must be proved in terms of ‘guilty knowledge’ regarding drugs offences (Mens Rea)

A

K - knew about offence or
was wilfully blind
K - knew it was a controlled
drug
I - Intent

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7
Q

What section talks about mistake as to the nature of the drugs?

A

Section 29 MODA

It is not a defence that the defendant did not know the substance in question was the particular controlled drug alleged.

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8
Q

When does criminal liability arise in terms of importing?

A

When the drugs cross NZ border.

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9
Q

Wilful blindness:

A

Deliberately turned a blind eye

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10
Q

Definition of produce:

A

To bring something into being, or to bring something into existence from its raw materials or element

*Change from the original form (cannabis oil)

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11
Q

Definition of manufacture:

A

The process of synthesis; combining components or processing raw materials to create a new substance

E.g. Using different products to create something new. Meth

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12
Q

What does creating cannabis oil constitute?

A

Producing.

Separating cannabis resin from the plant creates a new form. Chemical components have not been altered but would be concentrated and may change schedule.

Unrecognisable as plant material

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13
Q

When is the offence complete in terms of producing and manufacturing?

A

When the substance is created, whether or not it is in a usable form.

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14
Q

Definition of supply:

A

Means to “furnish or provide something that is needed or desired”

Includes distribute, give and sell.

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15
Q

Define distribution:

A

Supply to multiple people

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16
Q

R v Maginnis

A

More than transfer of physical control

17
Q

Explain ‘give’ in terms of supply:

A

To hand over (does not need an active or physical transfer)

Giving will usually be complete when the recipient accepts possession.

18
Q

Define to sell:

A

Involves the typical concept of sale - an exchange of goods in return for valuable consideration

19
Q

Administers:

A

Introducing a drug directly into another persons system

20
Q

What 2 elements must the prosecution prove to charge for ‘offering’?

A
  • The communicating of an
    offer to supply or
    administer a controlled
    drug (actus reus)
  • An intention that the
    other person believes the
    offer to be genuine
21
Q

R v During

A

Offer

An offer is an indication by the person charged to another that he is ready on request to supply drugs

22
Q

R v Brown

A

Offering

The making of such an indication, with the intention that it should be understood as a genuine offer, is an offence.

23
Q

How may an offer be conveyed?

A

Words, writing or gestures

24
Q

Additional element the crown must prove when charging with ‘offers’:

A

That the defendant intended the other person to believe the offer, but it is not necessary to prove they actually had the capacity to supply the drugs.

25
Q

4 ways offering to supply can arise:

A
  • offers to supply drug he
    has on hand
  • offers to supply a drug
    that will be procured at
    future date
  • offers to supply a drug he
    mistakenly believes he
    can supply
  • offers to supply a drug
    deceitfully, knowing he
    cannot supply
26
Q

Otherwise deals meaning:

A

Dealing in a drug other than by distributing, giving or selling.

E.g. bartering

27
Q

R v Forrest and Forrest

A

The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age

28
Q

R v Cox

A

Possession

Possession requires 2 separate elements:

1) Physical. Actual or potential custody or control. (Actus Reus)

2) Mental. A combination of knowledge and intention. (Mens Rea)

29
Q

What 4 elements of possession must be proved by the crown in drug cases?

A
  • Knowledge that the drug exists
  • Knowledge that it is a controlled drug
  • Some degree or control over it
  • An intention to possess it.

R v Cox

30
Q

Examples for proving intent in supply cases:

A
  • Admissions
  • Circumstantial evidence
    (packaging, scales, cash)
  • The statutory
    presumption under
    Section 6(6)
31
Q

What is the purpose of statutory presumption?

A

Reverse the onus of proof (put on defendant to prove on balance of probabilities that the drugs were not intended for supply)

32
Q

Presumption for supply:

A

Cocaine: 0.5 grams
LSD: 25 tabs or 2.5mg
Meth: 5 grams
MDMA: 5 grams
Cannabis resin: 5 grams
Cannabis oil: 5 grams
Cannabis plant: 28 grams or 100 cigarettes

Not specified in Schedule 5? 56 grams

33
Q

Section 6(2A) MODA:

A

Conspire to deal in any controlled drug (offence involved is one against Section 6(1).

Class A 14 years
Class B 10 years
Class C 8 years

34
Q

R v Strawbridge

A

Guilty knowledge

Guilty Knowledge is presumed unless there is evidence to the contrary. The accused must prove that they acted innocently and had no knowledge.

35
Q

R v Emerali

A

Usable Quantity

Possession does not extend to some useless and minute residue of the substance

36
Q

R v Rua

A

The words produce and manufacture broadly cover the creation of controlled drugs by some form or process which changes the original substance into a prohibited drug

DDC (35 decks)

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