Drug Dealing Flashcards
What is a Class A controlled drug?
A controlled drug specified in Schedule 1 of the MODA 1975.
They pose a very high risk of harm if misused.
The most common are:
- Cocaine
- Heroin
- LSD (Lysergic acid)
- Methamphetamine
- Magic Mushrooms (Psilocbine)
What is a Class B controlled drug?
A controlled drug specified in Schedule 2 of the MODA 1975.
They pose a high risk of harm if misused.
The most common are:
- Amphetamine
- Cannabis preparations - resin and oil
- MDMA (Ecstasy)
- Morphine
- Opium
What is a Class C controlled drug?
A controlled drug specified in Schedule 3 of the MODA 1975, and includes any controlled drug analogue.
They pose a moderate risk of harm if misused.
The most common are:
- Cannabis - leaf, plant, or seeds
- BZP
- Codeine
Section 6(1)(a) MODA 1975 - ingredients
- Import into OR export from New Zealand
2. Any controlled drug
Section 6(1)(b) MODA 1975 - ingredients
- Produce OR Manufacture
- Any controlled drug
b = baking
Section 6(1)(c) MODA 1975 - ingredients
- Supply OR Administer OR Offer to supply OR administer OR otherwise deal in
- Any class A controlled drug OR Class B controlled drug
- To any other person
Section 6(1)(d) MODA 1975 - ingredients
- Supply OR Administer OR offer to supply OR offer to administer
- Any class C controlled drug
- To a person under 18 years of age
Section 6(1)(e) MODA 1975 - ingredients
- Sell OR Offer to sell
- Any class C controlled drug
- To a person of or over 18 years of age
Section 6(1)(f) MODA 1975 - ingredients
- Have in their possession
- Any controlled drug
- For any of the purposes set out in paragraphs (c), (d), or (e) of S6(1) MODA 1975
f = for supply
Guilty Knowledge
- definition
R V STRAWBRIDGE
Guilty knowledge will be presumed in the absence of evidence to the contrary. It is up to the defendant to raise reasonable doubt as to their state of mind.
If there is some evidence that they honestly believed on reasonable grounds that their act was innocent, they are entitled to be acquitted.
(growing cannabis plants but thought they were tomatoes)
Usable Quantity
- definition
In any drug offence the quantity of the drug involved must be measurable and usable.
“Possessing a narcotic does not extend to some minute and useless residue of the substance”
- POLICE V EMERALI
Imports
- definition
The arrival of goods in NZ in any manner, whether lawfully or unlawfully, from a point outside NZ.
“Importation means the introduction or bringing in from abroad or causing to be brought in from abroad.”
&
“Importation involves active conduct, it does not cease as the aircraft or vessel enters NZ territorial limits”
- R V HANCOX
What is the mens rea of Importing?
Proof that the defendant:
- Knew about the importation, or was wilfully blind, AND
- Knew the imported substance was a controlled drug (or was reckless), AND
- Intended to cause the importation
What is wilful blindness?
Knowledge of the importation.
A deliberate failure to inquire when the defendant knows there is a reason for inquiry.
Deliberately turning a blind eye to the facts.
Crown to prove beyond reasonable doubt that the defendant (importer) had their suspicions raised but deliberately refrained from making further inquiries or confirming their suspicion because they wanted to remain in ignorance. R V MARTIN
Recklessness
- definition
Knowledge of the drug.
Were their actions reasonable once appreciating that there was a possibility that the substance could be a controlled drug?
Consciously and deliberately taking an unjustifiable risk.
What is the Case Law for Producing and Manufacturing?
R V RUA (tahi, RUA = two)
“The words produce or manufacture broadly cover the creation of controlled drugs by some form of process which changes the original substances into a particular controlled drug.”
Produce
- definition
To bring something into existence from raw materials or elements, by mixing or combining two or more elements or parts.
eg cannabis oil
Manufacture
- definition
The process of synthesis (chemical processes), combining components or processing raw materials to create a new substance.
eg methamphetamine
When is the offence of Produce or Manufacture complete?
Once the prohibited substance is created, whether or not it is in a usable form.
eg methamphetamine suspension
Supply
- definition
To supply means to furnish or provide something that is needed or desired.
The transfer of drugs from one person to another.
Distributing
- definition
Distribution relates to the supply of drugs to multiple people.
Includes the distribution of jointly owned property between it’s co-owners.
Giving
- definition
To give means to hand the substance over in order to enable the other person to use the drug for their own purpose.
The recipient accepts possession or the drugs are placed under the control of a willing recipient.
Selling
- definition
Te sell involves the typical concept of sale - an exchange of the goods in return for valuable consideration.
Will commonly be money, but anything of value will suffice.
Administers
- definition
Involves introducing a drug directly into another person’s system.
Offering
- definition
An intention by the offender to another that they are ready on request to supply a controlled drug.
It is not necessary to prove that they had the capacity to supply the drugs.
“The making of such an intimation with the intention that it should be understood as a genuine offer, is an offence.”
- R V BROWN
What are the 4 ways the offence of offering to supply can arise?
- 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
To any other person
- definition (drugs)
Must prove the drugs were supplied to another person, although it is not necessary to identify that person
Person under 18 years of age
- definition
Must prove the victims age at the time of the alleged offence, using the best evidence available to do so.
R V FORREST AND FORREST
Person of or over 18 years of age
- definition
It is only an offence under S6 if the drugs are sold or offer for sale for Class C controlled drugs.
NOTE supply not involving a sale may be an offence under S7 instead.
Must prove the victims age at the time of the alleged offence, using the best evidence available to do so.
R V FORREST AND FORREST
Possession
- definition
Actually has the drug in their control and a awareness by the accused that the substance is in their possession and that what is in their possession is a controlled drug.
