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Drug Offences CIB011 > Dealing Offences > Flashcards

Dealing Offences Flashcards

1
Q

MODA 1975 Sec. 6(1)(a)

A

Imports into or exports from New Zealand any controlled drug

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2
Q

Define Importation

A

In relation to any goods, means the arrival of the goods in New Zealand in any manner, whether lawfully or unlawfully, from a point outside New Zealand.

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3
Q

Saxton v Police

A

To import includes “to introduce from abroad or to cause to be brought in from a foreign country”.

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4
Q

R v Hancox

A

Importing into New Zealand for the purpose of Sec. 6(1)(a) is a process. The element of importing exists from the time the goods enter New Zealand until they reach their immediate destination.

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5
Q

Mens Rea of importing

A

Not only that the defendant’s conduct in some way contributed to the actual importation of the drug, it must also prove the defendant’s guilty knowledge:

  • knew about the importation and
  • knew the imported substance was a controlled drug, and
  • intended to cause the importation.
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6
Q

Exportation

A

It commences with the first act intended to export the drugs from their origin in New Zealand, and concludes at the time of actual exportation.

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7
Q

Time of exportation

A

The time of exportation is the time when the exporting craft leaves the last customs place at which that craft calls immediately before proceeding to a point outside New Zealand.

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8
Q

New Zealand

A

Means the land and the waters enclosed by the outer limits of the territorial sea of New Zealand.

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9
Q

Controlled drug

A

Any substance, preparation, mixture, or article specified or described in Schedule 1, Schedule 2, or Schedule 3 to this Act; and includes any controlled drug analogue.

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10
Q

Controlled drug analogue

A

Any substance, such as the substances specified or described in Part 7 of Schedule 3 to this Act, that has a structure substantially similar to that of any controlled drug; but does not include -

(a) Any substance specified or described in Schedule 1 or Schedule 2 or Parts 1 to 6 of Schedule 3 to this Act; or
(b) Any pharmacy-only medicine or prescription medicine or restricted medicine within the meaning of the Medicines Act 1981; or
(c) an approved product within the meaning of the Psychoactive Substances Act 2013

So, any substance with a structure substantially similar to a controlled drug.

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11
Q

Class A controlled drugs

A

The controlled drugs specified or described in Schedule 1 to this Act. Classified as such as their misuse poses a very high risk of harm.

  • Cocaine
  • Heroin
  • Lysergide (LSD)
  • Methamphetamine
  • Psilocybine (found in magic mushrooms)
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12
Q

Class B controlled drugs

A

The controlled drugs specified or described in Schedule 2 to this Act. Pose a high risk of harm.

  • Amphetamine
  • Cannabis preparations (Cannabis oil and hashish)
  • GHB (Fantasy)
  • MDMA (Ecstasy)
  • Morphine
  • Opium
  • Pseudoephedrine
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13
Q

Class C controlled drugs

A

The controlled drugs specified or described in Schedule 3 to this Act. Poses a moderate risk of harm.

  • Cannabis Plant
  • Cannabis seeds
  • Benzylpiperazine (BZP)
  • Controlled drug analogues
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14
Q

Exceptions under Section 6(1)(a)

A

The controlled drugs listed in Part 6 of Schedule 3 are not included under paragraph (a)

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15
Q

R v Strawbridge

A

It is not necessary for the Crown to establish knowledge on the part of the accused. In the absence of evidence to the contrary knowledge on her part will be presumed, but if there is some evidence that the accused honestly believed on treasonable grounds that her act was innocent, then she is entitled to be acquitted unless the jury is satisfied beyond reasonable doubt that this was not so.

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16
Q

Police v Emerali

A

The serious offence of possessing a narcotic does not extend to some minute and useless residue of the substance.

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17
Q

MODA 1975, Sec. 6(1)(b)

A

Produce or Manufacture any controlled drug

18
Q

Define Produce

A

to bring something into being, or to bring something into existence from its raw materials or elements.

Produce includes compound; and production has a corresponding meaning.

19
Q

Define Manufacture

A

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

20
Q

R v Rua

A

The words “produce” or “manufacture” in S6(1)(b) broadly cover the creation of controlled drugs by some form of process which changes the original substances into a particular controlled drug.

21
Q

When is the offence of producing/manufacturing complete?

A

The offence is complete once the prohibited substance is created, whether or not it is in a useable form.

22
Q

Guilty knowledge for producing/manufacturing

A

the defendant:

  • Knew about the produce/manufacturing, and
  • knew the produce/manufacturing, substance was a controlled drug, and
  • intended to cause the produce/manufacturing
23
Q

MODA 1975, Sec. 6(1)(c)

A 
Supplies or 
Administers or 
Offers to Supply or 
Offers to Administer or 
Otherwise deals in 
Class A or Class B Controlled drug
To any person
24
Q

Supply

A

Includes to distribute, give or sell

25
Q

R v Maginnis

A

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”

26
Q

Administer

A

to direct and causes a drug to be taken into the system of another person

27
Q

R v During

A

“An offer is an intimation by the person charged to another that he is ready on request to supply to that other, drugs of a kind prohibited by the statute”.

28
Q

R v Brown

A

Offering to Supply:

  • Offers to supply a drug that he has on hand
  • Offers to supply a drug that will be procured at some future date
  • Offers to supply a drug that he mistakenly believes he can supply
  • Offers to supply a drug deceitfully, knowing he will not supply that drug
29
Q

Offers

A

Express readiness to do something for or on behalf of someone.

30
Q

Otherwise deals in

A

dealing in a drug by some means other than by distributing, giving or selling it, administering it or offering to supply or administer it.

31
Q

R v Brown

A

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

32
Q

MODA 1975, Sec. 6(1)(d)

A 
Supplies or
Administers or
Offers to Supply or
Offers to Administer or
Otherwise deals in
Class C controlled drug
to any person under the age of 18 years old
33
Q

R v Forrest & Forrest

A

The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victim’s age.

34
Q

MODA 1975, Sec. 6(1)(e)

A

Sells or
Offers to Sell
Class C controlled drug
To any person of or over the age of 18 years old

35
Q

Sell

A

A sale occurs when a quantity or share in a drug is exchanged for some valuable consideration.

36
Q

What are the two elements which the prosecution must prove in relation to “Offers to Sell”?

A
  • The communicating of an offer to sell a controlled drug (the actus reus) and
  • an intention that the other person believes the offer to be genuine (the mens rea)
37
Q

MODA 1975, Sec. 6(1)(f)

A

Has in his possession
Any controlled drug
For any of the purposes set out in paragraphs (c), (d) or (e)

38
Q

Possession (R v Cox)

A

There are two separate elements.
Physical element: requires physical custody or control over the drugs. Can be either actual or potential.

Mental element: requires a combination of knowledge and intention.
Knowledge in the sense of an awareness that the substance is in his possession and intention to exercise possession.

39
Q

4 elements to prove regarding possession of drugs cases

A
  • Knowledge that the drug exists
  • Knowledge that it is a controlled drug
  • Some degree of control over it
  • An intention to possess it
40
Q

In drug cases what are the additional evidence of intent to supply may be inferred from?

A
  • Admissions
  • Circumstantial evidence (packaging, scales, cash, tick lists etc)
  • The statutory presumption under Section 6(6)

Drug Offences CIB011 (1 decks)

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