Dealing Offences Flashcards
Dealing With Controlled Drugs - section 6(1)(a)
- Import into or export from
- New Zealand
- Any controlled Drug
Importation Methods
Common methods: concealed in or on their person, or in their luggage; a mule bringing the drugs in for them; sent by international mail or courier; conceal drugs inside legitimate goods.
*Imports Definition
The arrival of goods in NZ in any manner, whether lawfully or unlawfully, from a point outside NZ
Saxton v Police - Importation
To import includes “to introduce from abroad or to cause to be brought in from a foreign country”.
*The Importing Process
Criminal liability arises as soon as the drugs cross the NZ border, conviction is possible even if the drugs are intercepted by customs.
The process of importation continues while the goods are in transit, and only concludes when they have reached their final destination and are available to the consignee.
R v Hancox - Importation
The element of importing exists from the time the goods enter NZ until they reach their immediate destination. When they have ceased to be under the control of the appropriate authorities and have become available to the consignee or addressee.
*Mens Rea of Importing
Crown to Prove that the defendants conduct contributed to the actual importation of the drug, as well as guilty knowledge.
That the defendant:
- knew about the importation, and
- knew the imported substance was a controlled drug, and
- intended to cause importation
Wilful Blindness
Deliberately turning a blind eye to the facts.
R v Martin - the Crown to prove beyond reasonable doubt that the accused had suspicion about what they were carrying but deliberately refrained from making inquiries because they wanted to remain in ignorance. If that is proved, the law presumes knowledge on the part of the accused. The fault lies in the deliberate failure to inquire when the accused knows there is reason for inquiry.
*Class A Controlled Drug
Classified as such as their misuse poses a very high risk of harm to individuals and to society.
Includes:
- Cocaine
- Heroin
- LSD
- Methamphetamine
- Psilocybine
*Class B Controlled Drug
Classified as such as their misuse poses a high risk of harm to individuals.
Includes:
- Amphetamine
- Cannabis oil and hashish
- GHB
- MDMA
- Morphine
- Opium
- Pseudoephedrine
- Ephedrine
*Class C Controlled Drug
Classified as such as their misuse poses a moderate risk of harm to individuals
Includes:
- Cannabis plant
- Cannabis seeds
- Benzylipiperazine
- Controlled drug analogues
*Any Controlled Drug
Controlled Drug means any substance, preparation, mixture or article specified or described in Schedule 1, Schedule 2, or Schedule 3 of this Act
Controlled Drug Analogue - Any substance, with a structure substantially similar to a controlled drug as it has similar dangerous effects, but that is not specifically listed in the schedules Act.
*R v Strawbridge - Guilty Knowledge
Not necessary for the crown to establish knowledge on the part for the defendant. In the absence of evidence to the contrary knowledge on their part will be presumed, but if there is some evidence that the accused honestly believed on reasonable grounds that their act was innocent, then they are entitled to be acquitted.
Mistake as to Nature of Drug
Not a defence that the defendant did not know the substance in question was the particular controlled drug alleged.
Usable Quantity
Measurable and usable. Depends on more than just its size and weight; the nature of the drug and condition in which it is found are all relevant.
*Police v Emirali - Usable Quantity
The serious offence of… possessing a narcotic does not extend to some minute and useless residue.
Dealing With Controlled Drugs - section 6(1)(b)
- Produce or manufacture
- Any controlled drug
Producing and Manufacturing
Both relate to the process of creating controlled drugs. The Court of Appeal held that the words are to be read as complementary terms. You must specify one or the other in a charging document.
The offence is completed once the prohibited substance is created, whether or not it is in a usable form.
*Producing
Changing the nature of the original substance. Means to bring something into being or to bring something into existence from its raw materials or elements.
Includes ‘compound’ to compound means to create a whole mixing or combining two or more elements or parts.
*Manufacturing
Creating a different or new substance from the original materials. The process of synthesis: combining components or processing raw materials to create a new substance.
Common examples include manufacturing methamphetamine from pseudoephedrine or manufacturing heroin from morphine.
*R v Rua - Produce v Manufacture
Produce or manufacture broadly cover the creation of controlled drugs by some form of process which changes the original substances into a particular controlled drug.
Cannabis Preparations (Section 29B)
Deals specifically with producing cannabis. Produced by subjecting cannabis plant to some kind of processing that renders it unrecognisable as plant material - for example producing cannabis oil or baking a cannabis cake.
This process has the effect of upgrading what was originally Class C cannabis plant to a Class B cannabis preparation.
Dealing With Controlled Drugs - section 6(1)(c)
- Supply or administer or offer to supply or administer
- Any Class A or Class B controlled drug
- To any other person or otherwise deal in any such controlled drug
Supply
To furnish or provide something that is needed or desired. Includes a broad range of activities designed to effect the transfer of controlled drugs from one person to another.
R v McGinnis - Supply
[supply involves] more than the mere transfer of physical control … [it includes] enabling the recipient to apply the thing … to purposes for which he desires.
Distributing
Supply of drugs to multiple people. Distribution is complete when the defendant has done all that is necessary to accomplish delivery of the drug to others.
R v Donald - denied intending to supply the drug, claiming that he was simply dividing it up for distribution between several joint owners.
Giving
Involves handing over or in some other way transferring an item to another person. It is complete when the recipient accepts possession, or where the drug is placed under the control of a willing recipient.
Giving can occur without an active transfer of the drugs, where a person permits another to help themselves from a cache of drugs.
Selling
Occurs when a quantity or share in a drug is exchanged for some valuable consideration.