DDC Drug Dealing Flashcards
Drug Dealing importing/exporting any controlled drug section and elements.
Section 6(1)(a) MODA 1975
Import into OR export from New Zealand.
Any controlled drug.
Drug Dealing (producing/manufacturing) Section and elements.
Section 6(1)(b) MODA 75
Produce OR Manufacture
Any controlled drug.
Drug Dealing (supplying class A or B controlled drug) Act and sections.
Section 6(1)(c) MODA 75
Supply OR administer/offer to supply OR administer.
Any class A controlled drug OR Any class B controlled drug.
To any other person.
Drug Dealing (supplying class C to under 18 year old) Sections and elements.
Section 6(1)(d) MODA 75
Supply OR administer/Offer to supply OR administer.
Any class C controlled drug.
To a person under 18 years of age.
Drug Dealing (sell class C over 18 years old)
Section 6(1)(e) MODA 75
Sell OR offer to sell
Any class C controlled drug.
To a person of or over 18 years of age.
Drug Dealing (possession of controlled drug for supply) Section and elements
Section 6(1)(f) MODA 75
Have in his possession.
Any controlled drug.
For any purposes set out in paragraphs (c), (d), (e) and Section 6(1)MODA 75.
Case law for guilty knowledge.
R v Strawbridge - Prosecution does not have the prove the offender has guilty knowledge.
Case law for possession
R v Cox - Possession consists of two elements. Physical and mental.
Case law for Produce/manufacture
R v Rua - Produce or manafacture are the substance being turned into a particular drug.
Case law for offers. (during the offer)
R v During - An offer is an intimation from the one charged that he is ready on request to supply drugs.
Police v Emerali
To prove possession there must be more than a useless amount of the substance.
R v Brown
Making an intimation with the intention that is should be understood as a genuine offer is an offence.
