Definitions/ discussions Flashcards
IMPORTS Sec. 2
Customs and Excise Act 1996
(a) in relation to any goods, means the arrival of the goods in New Zealand in any manner, whether lawfully or unlawfully, from a point outside New Zealand
EXPORTS Sec. 53 Customs and Excise Act 1996
For the purposes of this Act, the time of exportation is the time when the exporting craft leaves the last Customs place at which that craft calls immediately before proceeding to a point outside New Zealand.
GUILTY KNOWLEDGE
All drug offences
The Crown must prove not only that the defendant’s conduct in some way contributed to the actual drug offending, it must also prove the defendant’s guilty knowledge.
This will involve proof that the defendant:
knew about the drug offending, and
knew the substance was a controlled drug, and
intended to cause the drug offending
CONTROLLED DRUG s2, Misuse of Drugs Act 1975
Means any substance, preparation, mixture or article specified or described in Schedule 1, Schedule 2, or Schedule 3 of this Act and includes any controlled drug analogue.
CONTROLLED DRUG ANALOGUE s2, Misuse of Drugs Act 1975
Any substance that has a structure substantially similar to that of any controlled drug.
There are some exceptions
PRODUCE OR MANUFACTURE R v RUA
The statute is not intended to create separate crimes of producing and manufacturing a controlled drug. Rather, we are inclined to the view that the use of the words ‘produce or manufacture’ are to be read as complementary and to broadly cover the process of creation of controlled drugs.
COMPLETE
The offence is complete once the prohibited substance is created, whether or not it is in a useable form.
POSSESSION SULLIVAN v EARL OF CAITHNESS
Possession includes “not merely those who have physical custody of firearms … but also those who have firearms under their control at their behest, even though for one reason or another they may be kept at [another location].”
IDEAL POSSESSION
WARNER v METROPOLITAN POLICE COMMISSIONER
The elements of ‘ideal possession’ are:
• Has complete physical control over the thing.
• Has knowledge of its existence, situation and qualities.
SUPPLY s2, Misuse of Drugs Act 1975
Includes to distribute, give or sell.
ADMINISTERS
Administering is distinguished from supplying in that it involves introducing a drug directly into another person’s system.
SELLS
A sale occurs when a quantity or share in a drug is exchanged for some consideration.
Although the consideration will commonly be money, anything of value will suffice - for example exchanging a large quantity of cannabis for some real estate.
OTHERWISE DEALING
dealing in a drug by some means other than by distributing, giving or selling it, administering it or offering to supply or administer it.
DEALING WITH CONTROLLED DRUG s6(5), Misuse of Drugs Act 1975
(5) For the purposes of paragraph (e) of subsection (1) of this section, if it is proved that a person has supplied a controlled drug to another person he shall until the contrary is proved be deemed to have sold that controlled drug to that other person.
DEALING WITH CONTROLLED DRUG 6(6), Misuse of Drugs Act 1975
(6) For the purposes of subsection (1)(f), a person is presumed until the contrary is proved to be in possession of a controlled drug for any of the purposes in subsection (1)(c), (d), or (e) if he or she is in possession of the controlled drug in an amount, level, or quantity at or over which the controlled drug is presumed to be for supply (see section 2(1A)).
