Drug Dealing Flashcards
Drug Dealing
S6(1)(a)
II/EFNZ
ACD
Drug Dealing
S6(1)(b)
P/M
ACD
Drug Dealing
S6(1)(c)
S/A/OTS/OTA/ODI
ACACD/CBCD
TAOP
Drug Dealing
S6(1)(d)
S/A/OTS/OTA
ACCCD
TAPU18YOA
Drug Dealing
S6(1)(e)
Sell/OTSell
ACCCD
TAPOOO18YOA
Drug Dealing
S6(1)(f)
HIHP
ACD
FAOTPSOIP(c)(d)(e)S6(1)
R v Strawbridge
Guilty knowledge will be presumed in the absence of evidence to the contrary raised by the defendant.
Police v Emerali
The quantity of drug involved must be measurable and usable.
Saxton v Police
Import includes to introduce or bring in from abroad or to cause to be brought in from a foreign country.
R v Hancox
Importation exists from the time the goods enter NZ until they reach their final destination and are available to the addressee.
R v Rua
Produce/manufacture broadly covers the creation of controlled drugs by some form of process which changes the original substances into a particular controlled drug.
Produce = change the nature of the original substance
Manufacture = create a different substance from original materials
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, drugs of a kind prohibited by the statute.
R v Brown
The making of such an intimation, with the intention that it should be understood as a genuine offer, is an offence.
Offer to supply a drug:
1-he has on hand
2-procured at some future date
3-mistakenly believed he can supply
4-deceiptfully, knowing he will not
R v Forrest and Forrest
The best evidence possible in the circumstances should be adduced by the prosecution in proof of age.
R v Cox
(Possession)
Possession involves two elements.
1) Physical - actual or potential physical custody or control.
2) Mental - combination of knowledge and intention.
Knowledge is the sense of an awareness by the accused that the substance is in his possession and an intention to exercise possession.