Drug Dealing Flashcards
Drug Dealing (Importing/Exporting any Controlled Drug)
Section 6(1)(a) MODA 1975
- Import into or export from New Zealand
- Any controlled drug
Drug Dealing (Producing/Manufacturing any controlled drug)
Section 6(1)(b) MODA 1975
- produce or manufacture
- Any controlled drug
Drug dealing (supplying any class, a or B controlled drug)
Section 6(1)(c) MODA 1975
- supply or administer offer to supply or administer or otherwise deal in
- Any class A controlled drug or class B controlled drug
- to any other person
Drug dealing (supplying class C controlled drug to person under 18 years)
Section 6(1)(d) MODA 1975
- supply or administer or offer to supply or offer to administer
- Any class C controlled drug
- to a person under 18 years of age
Drug Dealing (sell/offer to sell any class C controlled drug to a person 18+)
Section 6(1)(e) MODA 1975
- sell or offer to sell
- any class C controlled drug
- to a person of or over 18 years of age
Drug Dealing (possession of controlled drug for supply)
Section 6(1)(f) MODA 1975
- have in their possession
- Any controlled drug
- For any of the purposes, set out in paragraphs (c), (d) or (e) of s.6(1) MODA 1975
Controlled drug definition
Any substance, preparation, mixture, or article specified, or described in schedules, 1, 2 or 3, including any temporary class drug, or any controlled drug analogue
Class A controlled drugs
- Cocaine
- Heroin
- LSD
- Methamphetamine
- psylocybine
Class B controlled drugs
- amphetamine
- Cannabis oil, cannabis, preparations, cannabis, resident
- MDMA/ecstasy
- Morphine
- Opium
R v STRAWBRIDGE
“it is not necessary for the Crown to establish knowledge on the part of the accused”
POLICE v EMERALI
“the serious offence of… possessing a narcotic, does not extend to some minute and useless residue of the substance”
SAXTON v POLICE
“to import includes to introduce or bring in from abroad, or to cause to be brought in from a foreign country”
R v HANCOX
“The process of importation exists from the time the goods enter New Zealand until they reach the immediate destination”
R v MARTIN
“It will suffice, if the Crown can prove beyond reasonable doubt that the accused had suspicions aroused as to what they were carrying, but deliberately refrain from making further inquiries, or confirming their suspicion”
Define exportation
“the shipment of the goods in any craft for transportation to a point outside New Zealand”
R v RUA
“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”
Define ‘producing’
“To produce means to bring something into being, or to bring something into existence from its raw materials or elements”
R v PARKE
“ the High Court held that, although he had prepared and preserved the mushroom material, he had not produced psilocybine”
When is the offence of ‘manufacturing’ complete?
Once the prohibited substance is created, whether or not it is in a usable form
R v RUA (manufacture)
“Methamphetamine in suspension in a two-layered liquid, although not capable of being used in that state, was held to have been manufactured”
Define selling
An exchange of the goods in return for valuable consideration
R v KNOX
A person who is in unlawful possession of a controlled drug, which has been deposited for safekeeping, has the intent to supply the drug to another if his intention is to return the drug to the person who deposited it with him
R v WILDBORE
A passive custodian, who relinquishes custody of a drug to meet the needs of another, has the necessary intent for supply
It is unnecessary that the accused be shown to perform some positive act of transmission
Define giving
To hand the substance over in order to enable the other person to use the drug
R v DURING
An offer is an intimation by the person charged to another, that they are ready on request to supply the drugs of a kind prohibited by the statute
R v BROWN
The making of such an intimmation, with the intention that it should be understood as a genuine offer, is an offence
R v FORREST & FORREST
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age
Presumptive amounts
Heroin 0.5 grams
Cocaine 0.5 grams
LSD, 2.5 g/25 flakes or tablets.
Methamphetamine 5 g
MDMA, 5 g, or 100 flakes or tablets
Cannabis Resin/oil 5 g cannabis, plant 28 g or 100 cigarettes
R v MAGINNIS
“Held that the return of the drugs to the friend would have restored the friend’s ability to use the drugs for his own purposes, and the defendant therefore had the necessary intent for supply”
R v DONALD
“Held that supply includes the distribution of jointly owned property between it’s co-owners”.
Define giving
“Hand the substance over in order to enable the other person to use the drug”
Deliberate act
“Intent’ means that act or omission must be done deliberately. More than involuntary or accidental”
Define ’manufacturing’
The process of synthesis; combining components or processing raw materials to create a new substance
