Definitions Flashcards
Export
means any shipment in any craft for transportation to a point outside New Zealand
Time of exportation
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
New Zealand
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
controlled drug
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
Class A controlled drugs
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)
Class B controlled drugs
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
Class C controlled drugs
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
producing
produce means to bring something into being or to bring something into existence from its raw materials or elements
manufacturing
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
offence complete
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
supply
supply includes distribute, give and sell
distributing
distribution relates to the supply of drugs to multiple people
selling
a sale occurs when a quantity or share in a drug is exchanged for some valuable consideration
administering
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
guilty knowledge
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
presumptive amounts
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
conspiracy
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
material
anything used in the process of producing, manufacturing or cultivating that cannot be properly described as equipment
precursor substance
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
the crown must prove what 3 elements for charges under s12A(2)
- 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
in drugs cases, to prove possession of a drug the crown must prove the defendant had what?
- knowledge that the drug exists
- knowledge that it is a controlled drug
- some degree of control over it
- an intention to possess it
possession offences include what?
- possession
- joint possession
- attempted possession
what is the crucial element in conspiring to deal?
an intention that is agreed on by two or more people
cultivate
cultivate includes to sow or plant and cultivation has a corresponding meaning
