Definitions Flashcards
IMPORTS
DEF s5 Customs Act
In relation to any goods means the arrival of goods into NZ in any manner whether lawfully or unlawfully from any point outside new zealand
WILFUL Blindness
In terms of proving guilty knowledge, proof that the defendant deliberately turned a blind eye will suffice.
Deliberately refrained from making further enquiries or confirming suspicion to remain ignorant. Fault lies in deliberate failure to inquire when the accused knows there is reason for enquiry.
NZ
Means land and waters enclosed by the territorial area of nz.
Controlled Drug
means any substance preparation mixture or article specified under schedules 1 2 or 3 includes any controlled drug analogue.
Controlled Drug analogue:
Means any substance that has a structure substantially similar to that of any controlled drug.
CLASS A DRUG
A controlled drug specified on schedule 1 moda75
Cocaine
Heroin
Lsd
Meth
Psilocybin
Misuse poses a very high risk of harm
Class B Controlled drug
Drug listed on schedule 2 moda
Amphetamine
Cannabis oil and has
Ghb
Mdma
Morphine
Opium
Pseudoephedrine
Ephedrine
Pose a high risk of harm
Class C Controlled drug
Specified on schedule 3 moda and includes any analouges
Cannabis plants
Cannabis seeds
BZP
Analouuges
Pose a moderate risk of harm.
Producing
To bring something into being, Changing the nature of the original substance OIL
Manufacturing
Process of synthesis, creating a new substance from the original materials
METH
Supply
Def s2 moda means to provide something that is desired. Includes distribute give or sell.
Includes conferring on the recipient the ability to use the drug for his own purpose
DISTRIBUTING
Relates to the supply of drugs to multiple people
GIVING
Involves handing over or transferring to another
Act complete when the recipient accepts possession or placed into control of a willing participant.
Selling:
Occurs when quantity or share or drug exchanged for valuable consideration.
Administering:
To introduce a drug directly into anothers system.
Eg injecting, spotting and they inhale, cause a person to take a date rape drug.
OFFERING TO SUPPLY
Act of arousing another’s interest in controlled drugs
OTHERWISE DEALS
Drug dealing other than distributing, selling, administering or giving.
Otherwise dealing the example which comes to mind is barter or exchange
TO ANY PERSON
The fact that it is a person is given by JD and proved through circ evidence
POSSESSION
Physical element
Physical custody or control, actual or potential.
Actual means on their person or in a vehicle the person has keys to
Potential means storing drugs at anothers adress and can exercise control through an agent.
Mental element
Knowledge of the drugs and intention to possess.
Defendant must know the item is a controlled drug but need not know the exact nature.
Defendant must have an intention to possess.
Knowledge
Defendant must be aware they possess the substance
Defendant identifies the substance as a controlled drug even if there is no substance to be analysed to prove assertion
Physical custody presumes knowledge unless otherwise proven
CONTROL
Means to exercise authoritative domination, influence or command over something.
A person can control something not in their custody and have no control of something in their custody.
Intent
is a deliberate act to get a specific result
CONSPIRACY
Agreed intention which is common to the mind of the conspirators to commit an offense rather than any action
Equipment
Glassware, condensers, heating mantles, pots lights ,timers,.pumps
Material is not defined and is anything used in the process that cannot be described as equipment such as
Fertilizers, documents .
Must be proved the items are capable in being used in the process.
Precursor
means forerunner , something that comes before something else.
Means any substance described in Part 1 or 2 of schedule 4
CULTIVATES
means to do any conduct to aid the growth of the plant
EVIDENTIAL MATERIAL
In relation to an offence or suspected offence, means evidence of the offence, or any other item, tangible or intangible, of relevance to the investigation of the offence.,
PRIVATE COMMUNICATION
Communication made under circumstances that is reasonable or taken to indicate that any party to the communication desires it to be confined to the parties to the communication.
Does not include communication in circumstances in which any party ought to reasonably expect that the communication may be intercepted by some other person without express or implied to do so.
INTERCEPTION device
Means any electronic mechanical electromagnetic or optical device or equipment used to intercept or record a private communication
Does not include hearing device.
Visual surv device
Any electronic, mechanical, electromagnetic, optical equipment or device used to observe or record private activity.
doesnt include glasses to correct eyesight
Surveillance device
Tracking device
Visual surv device
Interception device
Assists and enhances your normal capability to carry out surveillance
Tracking device
Means any device used to ascertain the location of a thing or person
Or whether a thing has been opened or tampered with.
Does not include a vehicle or other means of transport such as boat or heli.
Consensual interception
Taped evidence from intercepted private communications is admissible where one party has previously consented to the interception taking place.
Class B
