Dealing With Controlled Drugs

Question 1

Section 6 Misuse of Drugs Act 1975 -Dealing With Controlled Drugs

Answer 1

(1) Except as provided in section 8 of this Act, or pursuant to a licence under this Act, or as otherwise permitted by regulations made under this Act, no person shall -

Question 2

Section 6 (1)(a)

Answer 2

Import into or export from New Zealand any controlled drug, other than a controlled drug specified or described in Part 6 of Schedule 3 to this Act; or

Saxton v Police [1981] 2 NZLR 186 (CA)
To import includes “to introduce from abroad or to cause to be brought in from a foreign country.”

R v Hancox [1989] 3 NZLR 60 (CA)
“…..the bringing of goods into the country or causing them to be brought into the country does not cease as the aircraft or vessel enters New Zealands territorial limits. Importing into New Zealand for the purposes of 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…..[ie] when they have ceased to be under the control of the appropriate authorities and have become available to the consignee or addressee.”

R v Strawbridge [1970] NZLR 909
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 reasonable 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.

Police v Emirali [1976] 2 NZLR 476
“….the serious offence of …possessing a narcotic does not extend to some minute and useless residue of the substance.”

Question 3

Section 6(1)(b)

Answer 3

Produce or manufacture any controlled drug, or

R v Rua [2008] NZCA 38
The words “produce” or “manufacture” in sec.6(1)(b) broadly cover the creation of controlled drugs by some form of process which changes the original substances into a particular controlled drug.

Question 4

Section 6(1)(c)

Answer 4

Supply or administer, or offer to supply or administer, any Class A controlled drug or Class B controlled drug to any other person, or otherwise deal in any such drug; or

R v Marginnis [1987] 1 All ER 907
“[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…”

R v During [1973] 1 NZLR 366 (CA)
“[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.”

R v Brown [1978] 2 NZLR 174 (CA)
The defendant is guilty in the following instances:
(1) offers to supply a drug that he has on hand
(2) offers to supply a drug that will be procured at some future date
(3) offers to supply a drug that he mistakenly believes he can supply
(4) offers to supply a drug deceitfully, knowing he will not supply that drug

R v Brown [1978] 2 NZLR 174 (CA)
“…the making of such an intimation, with the intention that it should be understood as a genuine offer, is an offence. “

Question 5

Section 6(1)(d)

Answer 5

Supply or administer, or offer to supply or administer, any Class C controlled drug to a person under 18 years of age; or

R v Forrest and Forrest [1970] NZLR 545(CA)
“The best evidence possible in the circumstances should be adduced by the prosecution in proof of [the victims’] age.”

Question 6

Section 6(1)(e)

Answer 6

Sell, or offer to sell, any Class C controlled drug to a person of or over 18 years of age; or

Question 7

Section 6(1)(f)

Answer 7

Have any controlled drug in his possession for any of the purposes set out in paragraphs (c), (d), or (e) of this subsection.

R v Cox [1990] 2 NZLR 275
Possession involves two elements. The first, the physical element, is actual or potential physical custody or control. The second, the mental element, is a combination of knowledge and intention: knowledge in the sense of an awareness by the accused that the substance is in his possession; and an intention to exercise possession.

Question 8

Section (2)

Answer 8

Every person who contravenes subsection (1) of this section commits an offence against this Act and is liable on conviction to -

Question 9

Section (2)(a)

Answer 9

Imprisonment for life where a Class A controlled drug was the controlled drug or one of the controlled drugs in relation to which the offence was committed:

Question 10

Section (2)(b)

Answer 10

Imprisonment for a term not exceeding 14 years where paragraph (a) of this subsection does not apply but a Class B controlled drug was the controlled drug or one of the controlled drugs in relation to which the offence was committed:

Question 11

Section (2)(c)

Answer 11

Imprisonment for a term not exceeding 8 years in any other case.

Question 12

Section (2A)

Answer 12

Every person who conspires with any other person to commit an offence against subsection (1) of this section commits an offence against this Act and is liable on conviction to imprisonment for a term -

Question 13

Section (2A)(a)

Answer 13

Not exceeding 14 years where a Class A controlled drug was the controlled drug or one of the controlled drugs in relation to which the offence was committed:

Question 14

Section(2A)(b)

Answer 14

Not exceeding 10 years where paragraph (a) of this subsection does not apply but a Class B controlled drug or one of the controlled drugs in relation to which the offence was committed:

Question 15

Section (2A)(c)

Answer 15

Not exceeding 7 years in any other case.