Definitions

Question 1

Importation

Answer 1

Customs and Excise Act 2018
Sec.5

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…

Question 2

Mens rea of importing

Answer 2

This will involve proof that the defendant:
Knew about the importation, and
Knew the imported substance was a controlled drug,
Intended to cause the importation.

Question 3

Controlled drug

Answer 3

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

Question 4

Controlled drug analogue

Answer 4

Any structure with a structure substantially similar to a controlled drug.

Question 5

Producing

Answer 5

To “produce” means to bring something into being, or to bring something into existence from it’s raw materials or elements.

ie Separating Cannabis resin (oil) from Cannabis plant, as this creates a new form of the drug.

Question 6

Manufacturing

Answer 6

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

ie Manufacturing Methamphetamine from pseudoephedrine, or manufacturing heroin from morphine.

Question 7

When the offence is complete

Answer 7

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

Question 8

Supply

Answer 8

To “supply” means to “to furnish or provide something that is needed or desired.”

Supply includes distribute, give and sell

However supply involves more than just handing drugs over; it includes conferring on the recipient the ability to use the drugs for his or her own purposes.

Question 9

Distributing

Answer 9

The term “distribution” relates to the supply of drugs to multiple people.

Question 10

Giving

Answer 10

“Giving” involves handing over or in other way transferring an item to another person.

The act of giving is complete when the recipient accepts possession, or where the drug is placed under the control of a willing recipient.

Question 11

Selling

Answer 11

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

Question 12

Adminstration

Answer 12

Administrating is distinguished from supplying in that it involves introducing a drug directly into another person’s system.

Question 13

Offering to supply or administer
(What the prosecution must prove)

Answer 13

The prosecution must prove two elements:

The communicating of an offer to supply or administer a controlled drug (Actus reus).
An intention that the other person believes the offer to be genuine (Mens rea).

Question 14

Knowledge
(Possession)

Answer 14

The components that provide knowledge of existence:

The defendant must be aware that they possess the substance.
The defendant identifies the substance as a controlled drug, even if there is no substance to be analysed to prove their assertion.
Physical custody presumes knowledge, unless otherwise proven.

Question 15

Control

Answer 15

To “control” something means to exercise authoritative or dominating influence or command over it.

ie - A person can control an item that is not in their physical custody, and conversely can have something their physical custody that they have no control over.

Question 16

Intent

Answer 16

Firstly there must be an intention to commit the act and secondly, an intention to get a specific result.

R v Collister

Question 17

Proving intent in drugs cases

Answer 17

In drugs cases additional evidence of intent to supply may be inferred from:

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

Question 18

Conspiring to deal

Answer 18

The offence of conspiracy turns on the agreement and does not necessitate any further involvement in the commission of the crime. The conspiracy is complete once the agreement has been made.

Question 18

Statutory presumption

Answer 18

Misuse of Drugs Act 1975
Sec.6(6)
For the purposes of subsection (1)(f), a person is presumed until the contrary is proved to be in possession of a controlled drug for any of the purposes in subsection (1)(c), (d) or (e) if he or she is in possession of the controlled drug in an amount, level, or quantity at or over which the controlled drug is presumed to be for supply.