Drug Dealing Flashcards
MODA - Section 6(1)(a)
Drug dealing (Importing/Exporting any controlled drug)
Elements: MODA - Section 6(1)(a)
(Importing/Exporting)
- Import into or export from NZ
- Any controlled drug
MODA - Section 6(1)(b)
Drug Dealing (Producing/Manufacturing any controlled drug)
Elements: MODA - Section 6(1)(b)
(Producing/manufacturing)
- Produce or manufacture
- Any controlled drug
MODA - Section 6(1)(c)
Drug Dealing (Supplying any class A or B controlled drug)
Elements: MODA - Section 6(1)(c)
(Supplying class A or B controlled drug)
- 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
What is a controlled drug?
Means any substance, preparation, mixture, or article specified or described in schedule 1, schedule 2 or schedule 3 and includes any temporary class drug and any controlled drug analogue.
SPAM CDA
MODA - Section 6(1)(d)
Drug Dealing (Supplying class C controlled drug to person under 18 years)
Elements: MODA - Section 6(1)(d)
(Supplying class C controlled drug to person under 18 years)
- Supply or administer or offer to supply or offer to administer
- Any class C controlled drug
- To a person under 18 years of age
MODA - Section 6(1)(e)
Drug Dealing (Sell/Offer to sell any class C controlled drug to person 18+)
Elements: MODA - Section 6(1)(e)
(Drug Dealing (Sell/Offer to sell any class C controlled drug to person 18+)
- Sell, or offer to sell
- Any class C controlled drug
- To a person of or over 18 years of age
MODA - Section 6(1)(f)
Drug Dealing (Possession of controlled drug for supply)
Elements: MODA - Section 6(1)(f)
(Possession of controlled drug for supply)
- Have in his possesion
- Any controlled drug
- For any of the purpose set out in paragraphs (c), (d) or (e) of section 6(1) MODA75
SPAM and CDA
SPAM - Substance, preparation, mixture or article
CDA - Controlled, drug analogue
Definition: Give
Handing over or in someway of transferring item to another person
Definition: Produce
Bring something into existence from its raw materials
Definition: Manufacture
Process of synthesis. Combining raw materials to create new substance E.G cooking meth.
Case Law: Produce or Manufacture
R v Rua
In relation to 6(1)(b), when is the offence complete?
Once the prohibited substance is created, whether or not it is in useable form.
What is KKI
Knew about offence
Knew substance was a controlled drug
Intent to commit offence
Case Law: Guilty knowledge/Reverse Onus
R v Strawbridge
Case Law: Usable quantity
Police v Emerali
Definition: Supply
Includes to distribute, give and sell
Definition: Distribute
Supply of drugs to multiple people
Definition: Sell
Drug is exchanged for some valuable consideration
Case Law: Supply
R v Maginnis
Definition: Administers
To direct and cause a drug to be taken into the system of another person.
Case Law: Offer to supply
R v During
R v Brown
What is a controlled drug analogue
A controlled substance analogue means a substance that has a chemical structure substantially similar to that of a controlled dangerous substance and that was specifically designed to produce an effect substantially similar to that of a controlled dangerous substance.
Presumption for supply (dont need to know)
Cannabis: 28 grams or 100+cigarettes
Heroin: 0.5 grams
Cocaine: 0.5 grams
Meth: 5 grams
MDMA: 5 grams
Schedule 1 - Class ‘A’ drugs
Meth
Cocaine
Heroin
LSD
Magic Mushrooms
Schedule 2 - Class B drugs
Cannabis Oil
Morphine
Opium
Ecstasy
Amphetamine
Schedule 3 - Class C drugs
Cannabis plant
Cannabis leaf
Case Law: Person under 18
R v Forrest and Forrest
