Definitions Flashcards
Define Controlled Drug
Any substance, preparation, article, or mixture, specified or described in Schedule 1, 2 or 3 of this Act; and includes any controlled drug analogue.
Define, Controlled drug Analogue
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.
Define, New Zealand
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.
Define, Imports
The arrival of any goods into NZ in any manner, whether lawfully or unlawfully, from a point outside NZ
Class A
Schedule 1. Very high risk to public.
Cocaine/Heroin/LSD/Meth/Mushrooms
Synthetic drug AMB-FUBINACA and 5F-ADB
Class B
Schedule 2. High Risk to public.
Amphetamine/Cannabis Preperations (Oil and Hashish)/GHB/MDMA (Ecstacy)/Morphine/Opium/Pseudoephedrine/Ephedrine
Class C
Schedule 3. Moderate risk to public.
Cannabis seed/Cannabis Plant/Benzylpiperazine/Controlled drug analogues
Mens Rea (Guilty Knowledge) of importing
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.
Mens Rea - Guilty Knowledge - Possess
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.
Mistake as to nature of controlled drug.
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.
Usable quantity
The quantity of drug involved must be measurable and usable.
Define, producing
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.
Define, Manufacturing
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.
Cannabis preparations
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.
Define, Supply
Includes distribute, give, and sell
Define, distribution
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.
Define, giving
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.
Define, selling.
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.
Define, Administering
Involves introducing a drug directly into another person’s system.
Define, Offering to Supply or Administer.
Must prove two elements.
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)
Define, Possession
Two separate elements:
Physical element.
Actual or potential physical custody or control.
Mental element.
Combination of knowledge and intention.
Define, otherwise deals.
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.
Person
Accepted by judicial notice or proved by circumstantial evidence.
Gender neutral, but check age for which charge, eg, Under 18.
Define, knowledge.
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.
Define, Potential Possession of drugs
The things which a person has in his possession include anything subject to his control, which is in the custody of another.
Define, proof of possession
Requires proof of both a physical element and a mental element.
(R v Cox)
Define, Control.
To control something means to exercise authoritative or dominating influence or command over it.
Intent
Intention to commit the act, intention to get a specific result.
Define, Statutory Presumption
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.
Define, conspiracy
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.
Define, equipment
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.
Define, Material (Production/cultivation)
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.
Define, Precursor Substance.
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.
Define, ‘Knowing’ equipment is to be used etc
Knowledge requires more than just mere suspicion. Must be proved Def knew items were to be used. Knowing or correctly believing.
