Definitions For Offences - drug dealing

Question 1

Potential position of drugs

Answer 1

S2 missuse of drugs act 1975

For the purpose of this act the thing which a person has in his possession include anything subject to their control which is in the custody of another

Question 2

Administering

Answer 2

Is distinguished from supply and that it involves introducing a drug directly into another person system

Question 3

Distributing

Answer 3

Relates to the supply of drugs to multiple people

Question 4

Giving

Answer 4

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

Question 5

Otherwise deals

Answer 5

Is aimed at dealing in a drug by some other means other than by distributing, giving or selling it, administering it or offering to administer it

Question 6

Precursor substance

Answer 6

Is something that comes before something else and 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

Question 7

Manufacturing

Answer 7

Is the process of synthesis; combining components or processing room materials to create a new substance

Question 8

Producing

Answer 8

S2 MODA
Produce includes compound; and production has a corresponding meaning

(produce means to bring something into being and compound means to create a whole by mixing two or more things)

Question 9

Control

Answer 9

To exercise authoritative or dominating influence or command over it.

A person can have control of an item that is not in the physical custody as well as having something in the physical custody that they have no control over.

Question 10

Conspiracy

Answer 10

A criminal 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.

Question 11

Importation

Answer 11

S2 Customs and Excise Act 1996

In relation to any goods, means the arrival of the goods in New Zealand in any manner, whether lawfully or unlawfully, from the point outside New Zealand

Question 12

Selling

Answer 12

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

Question 13

Class A/B/C controlled drugs

Answer 13

Means the controlled drug specified or described in schedule 1/2/3 to this act

Question 14

Controlled drug Analogue

Answer 14

Means any substance that has a structure substantially similar to that of any controlled drug but does not include

(A) any substance specified or described in schedule one or schedule two parts 1 to6 I’ll schedule 3 to this act or

(B) any pharmacy only medicine or prescription medicine or restricted medicine Within the meaning of the medicines act 1981

(C) and approved product within the meaning of the psychoactive substance is act 2013

Question 15

Statutory presumption

Answer 15

S6(6)

For the purpose 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 they possess the controlled drug in an amount, level or quantity at or over which the controlled drug is presumed to be for supply

Question 16

Supply

Answer 16

Supply includes distribute, give, and sell

Question 17

New Zealand

Answer 17

S2 customs and excise act 1996

Means the land and the waters enclosed by the out limits of the territorial sea of New Zealand.

(The outer limit of the territorial see is 12 nautical miles from the landmass of New Zealand)

Question 18

Intent

Answer 18

And a criminal law context there are two specific types of intention into things. Firstly there must be an intention to commit the act and secondly, an intention to get a specific result

Question 19

Exports

Answer 19

For the purpose of this act, the time of exportation is the time when the exporting craft leaves the last Customs place at which the craft calls immediately before proceeding to a point outside New Zealand