Drug Dealing Flashcards
Define controlled drug.
Controlled drug means any substance, preparation, mixture or article specified in schedule 1, 2 or 3 and includes any temporary class drug and any controlled drug analogue.
Controlled drug = P.A.M.S
Define controlled drug analogue.
Any substance that has a chemical structure substantially similar to any controlled drug.
Define Class A controlled drug.
The controlled drugs specified in schedule 1.
R v Strawbridge.
It is not necessary for the Crown to establish knowledge on the part of the accused. Knowledge is presumed and the accused must prove innocence.
Section 29, MODA 75 (Mistake as to nature of controlled drug/precursor substance)
It is not a defence that the defendant did not know the substance in question was the particular alleged controlled drug.
Police v Emerali.
There must be a usable quantity of the substance found.
Section/Act?
Drug dealing (import/export from NZ)
Section 6(1)(a), MODA 75
Elements for Drug Dealing (import/export from NZ).
- Imports or exports from NZ.
- Any controlled drug.
Define import.
The arrival of goods by any manner whether lawful or unlawful from a point outside New Zealand.
List the relevant case law for import.
Saxton v Police.
R v Hancox.
(Men’s rea: R v Martin - Wilful Blindess/ignorance + Cameron v R - Recklessness.)
What are the three elements in proving the defendants guilty knowledge?
- knew about the importation, or was wilfully blind, and
- knew the imported substance was a controlled drug (or was reckless Cameron v R), and
- intended to cause the importation.
Explain wilful blindness.
In proving guilty knowledge, proof that the defendant deliberately turned a blind eye to the facts will suffice.
Cameron v R
Recklessness is established if the defendant recognised that there was a real possibility that his actions would bring about a prescribed result and the prescribed circumstances existed and having regard to that risk those actions were unreasonable.
Define New Zealand.
The land and waters enclosed by the outer limits of the territorial sea of New Zealand (12 nautical miles or 22.224km from the land mass of New Zealand).
Saxton v Police
To import includes to introduce or bring into or cause to be brought in from a foreign country.
R v Hancox
Importation involves an active concept. It exits from the time the goods enter NZ until they reach their immediate destination or become available for the consignee or recipient.
Section 6(1)(b), MODA75
Drug dealing (produce or manufacture any controlled drug)
Elements for S.6(1)(b), MODA75.
- Produce or manufacture
- Any controlled drug
R v Rua
Produce or manufacture broadly cover the creation of controlled drugs by a process which changes the original substances into a particular controlled drug.
The offence is compete when the controlled drug is created, whether or not it is in a useable form.
Define produce.
To produce means to bring something into being or to bring into existence from its raw materials or elements.
Define manufacture.
The process of synthesis: combining components or processing raw materials to create a new substance.
S.6(1)(c), MODA75.
Drug dealing (supply any class A or B controlled drug)
Elements of Supply any class A or B controlled drug.
- Supply or administer or offer to supply or administer or otherwise deal in
- any class A or B controlled drug
- to another person
Drug dealing (supply class c controlled drug to person under 18)
S.6(1)(d), MODA75
