Drug A Flashcards
- Controlled drug definition
- Controlled drug definition
A controlled drug is any substance preparation mixture or article specified or
described in schedule 1,2,3 of this act and includes any controlled drug analogue
- Class A/B/C definition
- Class A/B/C definition
class A is any controlled drug specified or described in schedule 1, Class B is any
controlled drug specified or described in schedule 2, Class C is any controlled drug
spepcified or described in schedule 3 and includes any controlled drug analogue.
- Controlled drug analogue – which Class?
- Controlled drug analogue – which Class?
Class C
- R v Strawbridge
- R v Strawbridge
It is not necessary for the crown to establish knowledge on the part of the Defendant.
In the absence of evidence to the contrary knowledge on her part will be presumed.
But if there is some evidence that the accused honestly believed beyond reasonable
doubt that her act was innocent, then she is entitled to be acquitted, unless the jury are
satisfied beyond reasonable doubt that this was not so.
- 3 thing to prove guilty knowledge?
- 3 thing to prove guilty knowledge?
The Defendant knew about (the offence) and knew that the (offence) substance was a
controlled drug and intended to cause (the offence)
- In relation to importing, when is someone liable and when does liability cease? /
When is importation complete? / What must be proved for importation?
- In relation to importing, when is someone liable and when does liability cease? /
When is importation complete? / What must be proved for importation?
RvHancox - the element of importation exists from the time the goods enter NZ until they reach their immediate destination ie when they have ceased to be under the control of the appropriate authorities and have become available to the consignee or addressee.
- Person is liable as soon as the goods enter NZ,
even if they are intercepted by customs and never reach the intended addressee,
however the offence does not end at the boarder,
- it continues while the goods are in transit
- concludes when they reach their final destination and are made available to the addressee.
- Wilful blindness
- Wilful blindness
In terms of proving willful blindness,
proof the Defendant deliberately
turned a blind eye will suffice.
[RvMartin]
“…The fault lies in the deliberate failure
of enquiries when the accused knows
there is a reason to enquire.”
- R v Rua?
- R v Rua?
The Words ‘Produce’ and ‘manufacture’
broadly cover the creation of controlled drugs
by some form of process,
which changes the original substance
into a particular controlled drug.
- Difference between produce and manufacture?
- Difference between produce and manufacture?
Produce is to bring something into being or bring something into existence from its
raw materials or elements. Manufacture is the process of synthesis, combining
components or processing raw materials to create a new substance.
- When is the offence of manufacturing complete?
- When is the offence of manufacturing complete?
Manufacturing is complete as soon as the prohibited substance is created, whether it is
in a useable state or not.
- Cannabis prep s29B?
- Cannabis prep s29B?
a- Prosecution to prove that the preparation to which the charge relates contains any THC.
b- Preparation shall be deemed to have been produced by subjecting cannabis plant material to some kind of processing, unless clearly recognizable as plant material.
c- Plant material means the whole, or any part of the leaf, flower, stalk of any plant (of whatever species)
d- in the event of a dispute between the prosecutor and the defendant
over whether the preparation is in a form clearly recognizable as plant material,
will be determined by the jury( or if no jury then the judge) by the means of a visible inspection, unaided by any microscope or magnifying glass, or any other device.
- Definition of supply?
To distribute, give or sell
- Offers to supply or administer the prosecution must prove two elements?
- Offers to supply or administer the prosecution must prove two elements?
The communicating of the offer to
supply/administer controlled drug (actus reus)
and
the intention that the other person believes the
offer/administer to be genuine (mens rea)
- R v During?
- R v During?
An offer is an intimation
by the person charged to another
that he is ready on request
to supply to that other
a drug of any kind
prohibited by the statute.
- R v Brown
- R v Brown
Offers to supply a drug that he has on hand
offers to supply a drug that will be procured at some future date
offers to supply a drug that he mistakenly believes he can supply
offers to supply a drug deceitfully, knowing he will not supply that drug
- How do you prove age for a victim?
- How do you prove age for a victim?
Rv Forrest and Forrest
The best evidence possible
in the circumstances should be
adduced by the prosecution
in proof of the victims age
(birth cert in conjunction with
independent evidence identifying the victim in the birth cert)
- Is it possible to be charged with attempted possession?
- Is it possible to be charged with attempted possession?
Yes- In RvJay Police located him with a bag of grass clippings which he thought was cannabis.
He admitted he thought it was cannabis as he had brought it off another person.
The court held the commission of the offence of receiving cannabis was not legally impossible, although in the circumstances it was factually impossible.
As the accused had criminal intent and did an act for the purpose of accomplishing his objective,
he was guilty of attempting to commit an offence.
- Presumption for supply – LSD, Cannabis, Meth, Cocaine
- Presumption for supply – LSD, Cannabis, Meth, Cocaine
LSD- 25flakes, Cannabis leaf 28g, Meth 5g, Cocaine 0.5g
- The presumption that a drug is for sale/supply may be rebutted if the person is able to prove?
- The presumption that a drug is for sale/supply may be rebutted if the person is able to prove?
If the person is able to prove, on a balance of probabilities that they did not intend to commit a dealing offence, not withstanding the amount.
For example, the defence might state the defendant is a heavy addict and requires more for personal use.
- Conspiracy if done in another country?
- Conspiracy if done in another country?
There may be a problem regarding jurisdiction.
It will be necessary to prove that the defendant
had done something to complete the conspiracy
in NZ for the offence to come within
the jurisdiction of the NZ courts.
In RvJohnston
the use of the NZ customs and postal service in posting cannabis resin from England to NZ was sufficient.
- Conspiracy if done in another country?
- Conspiracy if done in another country?
- Ingredients of allowing premises
- Ingredients of allowing premises
any person
who knowingly permits
any premise or any vessel, aircraft, hovercraft,
motor vehicle, or other mode of conveyance
to be used for the purpose of the commission
of the offence against this act or any other act.
- Ingredients of obstructs
- Ingredients of obstructs
Any person,
who willfully obstructs, hinders, resists or deceives
any other person
In the execution
of any powers conferred
on that other person by or
pursuant to this act.
