Dealing With Controlled Drugs Flashcards
Misuse of Drugs Act 1975
Drug dealing (Importing/Exporting any Controlled Drugs
Section 6(1)(a) MODA 1975
No person shall
Import into OR export from New Zealand
Any controlled drug
Misuse of Drugs Act 1975
Drug dealing (Producing/Manufacturing any controlled drugs)
Section 6(1)(b) MODA 1975
No person shall
Produce Or Manufacture
Any controlled drug
Misuse of Drugs Act 1975
Drug dealing (Supplying any Class A OR Class B controlled drug)
Section 6(1)(c) MODA 1975
No person shall
Supply OR administer OR offer to supply OR otherwise deal in
Any Class A controlled drug OR Class B controlled drug
To any person
Misuse of Drugs Act 1975
Drug dealing (Supplying Class C controlled drug to person under 18 years)
Section 6 (1)(d) MODA 1975
No person shall
Supply OR administer OR offer to supply OR administer
Any Class C controlled drug
To a person under 18 years of age
Misuse of Drugs Act 1975
Drug dealing (Sell/offer to sell any Class C controlled drug to person 18 +)
Section 6(1)(e) MODA 1975
No person shall
Sell OR offer to sell
Any Class C controlled drug
To a person of or over 18 years of age
Misuse of Drugs Act 1975
Drug Dealing (Possession of controlled drug for supply)
Section 6(1)(f) MODA 1975
No person shall
Have in his possession
Any controlled drug
For any of the purposes set out in paragraphs (c), (d) or (e) of Section 6(1) MODA 1975
Mistake as to nature of controlled drug
While guilty knowledge is an essential element, section 29 provides that it is not a defence that the defendant did not know the substance in question was the particular controlled drug alleged.
Section 6(1)(b)
Producing-defined
To “produce” means to bring something into being, or to bring something into existence from its raw materials or elements.
(Cannabis oil from Cannabis plant material, the ethanol used is removed by distillation after process)
Section 6(1)(b)
Manufacturing-defined
Manufacturing is the process of synthesis; combining components or processing raw materials to create a new substance.
Adding a whole bunch of stuff (not removing after process) to create something new.
When offence is complete
The offence is complete once the prohibited substance is created, whether or not it is in a usable form.
Supply
Supply includes distribute, give, and sell.
Distribute-The term “distribution” relates to the supply of drugs to multiple people.
Give-“To give” means to hand the substance over in order to enable the other person to use the drug for his use or her own purposes.
“Giving” will usually be complete when the recipient accepts possession or where the drug is placed under the control of a willing recipient.
Selling-“To sell” involves the typical concept of sale-an exchange of the goods in return for valuable consideration.
Administers
Administering is distinguished from supplying in that it involves introducing a drug directly into another person’s system.
Offering (Must know)
The prosecution must prove two elements:
The communicating of an offer to supply or administer a controlled drug (the Actus reus).
An intention that the other person believes the offer to be genuine (the Mens rea).
Offering case law
“[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 During
“…the making of such an intimation, with the intention that it should be understood as a genuine offer, is an offence.” R v Brown
Otherwise deals
The term “otherwise deals” in paragraph (c) is aimed at dealing in a drug by some means other than by distributing, giving or selling it, administering it or offering to supply or administer it.
Controlled drug defined
Section 2(1) Misuse of Drugs Act 1975
Controlled drug means any substance, preparation, mixture, or article specified or described in Schedule 1, Schedule 2, Schedule 3; and includes any temporary class drug and any controlled drug analogue.
Possession in drug cases
In drugs cases it will be necessary for the Crown to prove that the defendant had:
Knowledge that the drug exists.
Knowledge that it is a controlled drug.
Some degree of control over it.
An intention to possess it.
Intent defined
Intention to commit the act.
Intention to obtain a specific result.
Possession intent case law
Circumstantial evidence from which an offender’s intent may be inferred can include:
The offender’s actions and words before, during and after the event.
The surrounding circumstances.
The nature of the act itself.
R v Collister
Statutory presumption for supply
Schedule 5 MODA 1975
Heroin 0.5 grams
Cocaine 0.5 grams
Lysergide (LSD) 2.5 milligrams or 25 flakes, tablets etc
Methamphetamine 5 grams
MDMA (Ecstasy) 5 grams or 100 flakes, tablets etc
Cannabis resin/oil 5 grams
Cannabis plant 28 grams or 100 or more cigarettes
Where a controlled drug is not specified in Schedule 5 the presumptive amount for that drug is 56 grams.
Class A controlled drugs
Very high risk of harm
Cocaine
Heroin
Lysergic Acid (LSD)
Methamphetamine
Psilocybine (Magic Mushrooms)
Class B controlled drugs
High risk of harm
Amphetamine
Cannabis preparations oil/hash
GHB (Fantasy)
MDMA (Ecstasy)
Morphine
Opium
Pseudoephedrine
Ephedrine
Class C controlled drug
Moderate risk of harm
Cannabis plant material (Fruit/seeds/plant)
Benzylpiperazine (BZP)
Controlled drug analogues
R v Strawbridge
Guilty knowledge
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.
