Drug Dealing Flashcards

1
Q

MODA - Section 6(1)(a)

A

Drug dealing (Importing/Exporting any controlled drug)

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2
Q

Elements: MODA - Section 6(1)(a)
(Importing/Exporting)

A
  • Import into or export from NZ
  • Any controlled drug
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3
Q

MODA - Section 6(1)(b)

A

Drug Dealing (Producing/Manufacturing any controlled drug)

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4
Q

Elements: MODA - Section 6(1)(b)
(Producing/manufacturing)

A
  • Produce or manufacture
  • Any controlled drug
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5
Q

MODA - Section 6(1)(c)

A

Drug Dealing (Supplying any class A or B controlled drug)

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6
Q

Elements: MODA - Section 6(1)(c)
(Supplying class A or B controlled drug)

A
  • 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
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7
Q

What is a controlled drug?

A

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

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8
Q

MODA - Section 6(1)(d)

A

Drug Dealing (Supplying class C controlled drug to person under 18 years)

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9
Q

Elements: MODA - Section 6(1)(d)
(Supplying class C controlled drug to person under 18 years)

A
  • Supply or administer or offer to supply or offer to administer
  • Any class C controlled drug
  • To a person under 18 years of age
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10
Q

MODA - Section 6(1)(e)

A

Drug Dealing (Sell/Offer to sell any class C controlled drug to person 18+)

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11
Q

Elements: MODA - Section 6(1)(e)
(Drug Dealing (Sell/Offer to sell any class C controlled drug to person 18+)

A
  • Sell, or offer to sell
  • Any class C controlled drug
  • To a person of or over 18 years of age
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12
Q

MODA - Section 6(1)(f)

A

Drug Dealing (Possession of controlled drug for supply)

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13
Q

Elements: MODA - Section 6(1)(f)
(Possession of controlled drug for supply)

A
  • 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
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14
Q

SPAM and CDA

A

SPAM - Substance, preparation, mixture or article

CDA - Controlled, drug analogue

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15
Q

Definition: Give

A

Handing over or in someway of transferring item to another person

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16
Q

Definition: Produce

A

Bring something into existence from its raw materials

17
Q

Definition: Manufacture

A

Process of synthesis. Combining raw materials to create new substance E.G cooking meth.

18
Q

Case Law: Produce or Manufacture

A

R v Rua

19
Q

In relation to 6(1)(b), when is the offence complete?

A

Once the prohibited substance is created, whether or not it is in useable form.

20
Q

What is KKI

A

Knew about offence
Knew substance was a controlled drug
Intent to commit offence

21
Q

Case Law: Guilty knowledge/Reverse Onus

A

R v Strawbridge

22
Q

Case Law: Usable quantity

A

Police v Emerali

23
Q

Definition: Supply

A

Includes to distribute, give and sell

24
Q

Definition: Distribute

A

Supply of drugs to multiple people

25
Q

Definition: Sell

A

Drug is exchanged for some valuable consideration

26
Q

Case Law: Supply

A

R v Maginnis

27
Q

Definition: Administers

A

To direct and cause a drug to be taken into the system of another person.

28
Q

Case Law: Offer to supply

A

R v During
R v Brown

29
Q

What is a controlled drug analogue

A

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.

30
Q

Presumption for supply (dont need to know)

A

Cannabis: 28 grams or 100+cigarettes
Heroin: 0.5 grams
Cocaine: 0.5 grams
Meth: 5 grams
MDMA: 5 grams

31
Q

Schedule 1 - Class ‘A’ drugs

A

Meth
Cocaine
Heroin
LSD
Magic Mushrooms

32
Q

Schedule 2 - Class B drugs

A

Cannabis Oil
Morphine
Opium
Ecstasy
Amphetamine

33
Q

Schedule 3 - Class C drugs

A

Cannabis plant
Cannabis leaf

34
Q

Case Law: Person under 18

A

R v Forrest and Forrest