Definitions

Question 1

Define Controlled Drug

Answer 1

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

Question 2

Define, Controlled drug Analogue

Answer 2

Any substance structurally like that of controlled drug.
Similar dangerous effect, but not specifically listed in the schedules to the act.
All Class C - irrespective of the class of drug they resemble.

Question 3

Define, New Zealand

Answer 3

The land and the waters enclosed by the outer limits of the territorial sea of NZ.
Outer limit of the territorial sea is 12 nautical miles from the land mass of NZ.

Question 4

Define, Imports

Answer 4

The arrival of any goods into NZ in any manner, whether lawfully or unlawfully, from a point outside NZ

Question 5

Class A

Answer 5

Schedule 1. Very high risk to public.
Cocaine/Heroin/LSD/Meth/Mushrooms
Synthetic drug AMB-FUBINACA and 5F-ADB

Question 6

Class B

Answer 6

Schedule 2. High Risk to public.
Amphetamine/Cannabis Preperations (Oil and Hashish)/GHB/MDMA (Ecstacy)/Morphine/Opium/Pseudoephedrine/Ephedrine

Question 7

Class C

Answer 7

Schedule 3. Moderate risk to public.
Cannabis seed/Cannabis Plant/Benzylpiperazine/Controlled drug analogues

Question 8

Mens Rea (Guilty Knowledge) of importing

Answer 8

Crown must prove not only that Def’s conduct in some way contributed to the actual import of the drug, must also prove guilty knowledge.
This will involve proof that the defendant:
- Knew about the importation,
- Knew the imported substance was a controlled drug, and,
- intended to cause the importation.

Question 9

Mens Rea - Guilty Knowledge - Possess

Answer 9

Must know what they are possessing.
R v Strawbridge
Not necessary for Crown to establish knowledge. Up to the defendant to prove they are innocent. In the absence of evidence, knowledge will be presumed.

Question 10

Mistake as to nature of controlled drug.

Answer 10

No defence that the defendant did not know the substance in question was the particular controlled drug alleged.
Eg. Thought it was cocaine, was actually Meth.

Question 11

Usable quantity

Answer 11

The quantity of drug involved must be measurable and usable.

Question 12

Define, producing

Answer 12

Process of creating controlled drugs.
(R v Rua) (Producing and Manufacturing)

Producing
Bring something into being, or to bring something into existence from its raw materials or elements.
Includes compound - to create a whole by mixing or combining two or more elements or parts.

Question 13

Define, Manufacturing

Answer 13

Process of creating controlled drugs.
(R v Rua) (Producing and Manufacturing)

The process of synthesis; combining components or processing raw materials to create a new substance.
Complete once the prohibited substance is created, whether or not it is in a usable form.

Question 14

Cannabis preparations

Answer 14

Cannabis preparation is produced by subjecting cannabis plant to some kind of processing that renders it unrecognizable as plant material.
Eg. Producing cannabis oil or baking a cannabis cake.

Question 15

Define, Supply

Answer 15

Includes distribute, give, and sell

Question 16

Define, distribution

Answer 16

Relates to the supply of drugs to multiple people.

Complete when the defendant has done all that is necessary to accomplish delivery of the drug to others.

Question 17

Define, giving

Answer 17

Involves handing over or in some other way transferring an item to another person.

Complete when the recipient accepts possession, or where the drug is placed under the control of a willing recipient.

Question 18

Define, selling.

Answer 18

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

Although the consideration will commonly be money, anything of value will suffice.

Question 19

Define, Administering

Answer 19

Involves introducing a drug directly into another person’s system.

Question 20

Define, Offering to Supply or Administer.

Must prove two elements.

Answer 20

The communicating of an offer to supply or administer a controlled drug, (Actus Reus) AND

An intention that the person believes the offer to be genuine (Mens Rea)

Question 21

Define, Possession

Answer 21

Two separate elements:

Physical element.
Actual or potential physical custody or control.

Mental element.
Combination of knowledge and intention.

Question 22

Define, otherwise deals.

Answer 22

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

Question 23

Person

Answer 23

Accepted by judicial notice or proved by circumstantial evidence.

Gender neutral, but check age for which charge, eg, Under 18.

Question 24

Define, knowledge.

Answer 24

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 analyzed to prove their assertion,
Physical custody presumes knowledge, unless otherwise proven.

Question 25

Define, Potential Possession of drugs

Answer 25

The things which a person has in his possession include anything subject to his control, which is in the custody of another.

Question 26

Define, proof of possession

Answer 26

Requires proof of both a physical element and a mental element.
(R v Cox)

Question 27

Define, Control.

Answer 27

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

Question 28

Intent

Answer 28

Intention to commit the act, intention to get a specific result.

Question 29

Define, Statutory Presumption

Answer 29

A person is presumed to be in possession of a controlled drug, if he/she is in possession of it in an amount, level or quantity at or over which the controlled drug is presumed to be for supply.

Question 30

Define, conspiracy

Answer 30

Consists of an agreed intention which is common to the mind of the conspirators and a common design to commit the offence, rather than any actual action.
Complete when the agreement is made.

Question 31

Define, equipment

Answer 31

Not defined by statute, but will include implements, apparatus, and other other hardware used in the manufacturing, producing or cultivating process.
Eg. Glassware, condensers, heating mantles for Meth. Pots, lights, timers, water pumps etc for Cannabis.

Question 32

Define, Material (Production/cultivation)

Answer 32

Not defined by statute, but includes anything used in the process of producing, manufacturing or cultivating that cannot be properly described as equipment.
Eg, chemicals (not precursors) documents with instructions, fertilizers, nutrients etc.

Question 33

Define, Precursor Substance.

Answer 33

Precursor means fore-runner, something that comes before something else.
In this context, refers to a substance that is the starting point in a chemical process that will result in the creation of a new drug.

Examples: Acetic Anhydride (Precursor to heroin) Lysergic Acid (Precursor for LSD) Ephedrine/Pseudoephedrine (Precursors to Meth)

Ephedrine/Pseudoephedrine are also Class B controlled drug in Schedule 2, aswell as Precursors in Schedule 4.

Question 34

Define, ‘Knowing’ equipment is to be used etc

Answer 34

Knowledge requires more than just mere suspicion. Must be proved Def knew items were to be used. Knowing or correctly believing.