Definitions

Question 1

Export

Answer 1

means any shipment in any craft for transportation to a point outside New Zealand

Question 2

Time of exportation

Answer 2

section 53 of Customs and Excise Act 1996

time of exportation is the time the exporting craft leaves the last customs place at which the craft calls immediately before proceeding to a point outside of NZ

Question 3

New Zealand

Answer 3

means the land and the waters enclosed by the outer limits of the territorial sea of new zealand

the outer limit of the territorial sea is 12 nautical miles from the land mass of new zealand

Question 4

controlled drug

Answer 4

any substance, preparation, mixture or article specified or described in schedule 1, schedule 2, or schedule 3 to this act, and includes any controlled drug analogue

Question 5

Class A controlled drugs

Answer 5

means the controlled drugs specified or described in schedule 1 to this act (MODA 1975)

Examples:

• Cocaine
• Heroin
• lysergide (LSD)
• Methamphetamine
• Psilocybine (found in magic mushrooms)

Question 6

Class B controlled drugs

Answer 6

means the controlled drugs specified or described in schedule 2 to this act (MODA 1975)

Examples:

• Amphetamine
• Cannabis
• GHB (Fantasy)
• MDMA (Ecstacy)
• Morphine
• Opium
• Pseudoephedrine

Question 7

Class C controlled drugs

Answer 7

means the controlled drugs specified or described in schedule C to this act, and includes any controlled drug analogue

Examples:

• Cannabis plant
• Cannabis seeds
• Benzylpiperazine (BZP)
• Controlled drug analogues

Question 8

producing

Answer 8

produce means to bring something into being or to bring something into existence from its raw materials or elements

Question 9

manufacturing

Answer 9

manufacturing is the process of synthesis, combining components or processing raw materials to create a new substance

eg. manufacturing methamphetamine from pseudoephedrine or heroin from morphine

Question 10

offence complete

Answer 10

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

eg. in r v Rua, methamphetamine in suspension in a two layered liquid although not useable in that state was held to have been manufactured

Question 11

supply

Answer 11

supply includes distribute, give and sell

Question 12

distributing

Answer 12

distribution relates to the supply of drugs to multiple people

Question 13

selling

Answer 13

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

Question 14

administering

Answer 14

introducing a drug directly into another persons system

examples:

• injecting heroin into another person
• heating cannabis resin between two knife blades while another person inhales the smoke
• causing a person to consume a date rape drug by slipping it into their drink without their knowledge

Question 15

guilty knowledge

Answer 15

proof required for guilty knowledge, must prove the defendant:

• knew the substance was being produced or manufactured
• knew the substance being produced or manufactured was a controlled drug
• intended for the substance to be produced or manufactured

Question 16

presumptive amounts

Answer 16

Heroin - 0.5 grams
Cocaine - 0.5 grams
LSD - 2.5 milligrams or 25 flakes/tablets
Methamphetamine - 5 grams
MDMA ecstacy - 5 grams or 100 flakes/tablets
Cannabis resin and extract (oil) - 5 grams
cannabis plant - 28 grams

If not specified in schedule 5 presumptive amount is 56 grams

Question 17

conspiracy

Answer 17

a conspiracy is an agreement between two people to commit an offence. to prove a conspiracy it must be proven that

• an agreement was made
• the agreement was to commit an offence
• the intention was to commit an offence

when conspiring to import it must be shown the defendant did something to complete the conspiracy in New zealand

eg in r v johnston the court held the use of customs and postal service by the conspirators was sufficient to bring matter within new zealand jurisdiction

Question 18

material

Answer 18

anything used in the process of producing, manufacturing or cultivating that cannot be properly described as equipment

Question 19

precursor substance

Answer 19

a substance that is the starting point in a chemical process that will result in the creation of a new drug

any substance specified or described in part 1 or part 2 or part 3 of schedule 4

Question 20

the crown must prove what 3 elements for charges under s12A(2)

Answer 20

• the defendant has equipment, material or precursors in his possession
• those items are capable of being used in the production or manufacture of controlled drugs or cultivation of prohibited plants
• the defendant intends for those items to be used for such an offence either by himself or another person

Question 21

in drugs cases, to prove possession of a drug the crown must prove the defendant had what?

Answer 21

• knowledge that the drug exists
• knowledge that it is a controlled drug
• some degree of control over it
• an intention to possess it

Question 22

possession offences include what?

Answer 22

• possession
• joint possession
• attempted possession

Question 23

what is the crucial element in conspiring to deal?

Answer 23

an intention that is agreed on by two or more people

Question 24

cultivate

Answer 24

cultivate includes to sow or plant and cultivation has a corresponding meaning