Drug Dealing

Question 1

Elements of Imports

Answer 1

Section 6(1)(a)

• Import into or export from NZ
• any controlled drug

Question 2

Elements of Produce/manufacture

Answer 2

Section 6(1)(b)

• produce or manufacture
• any controlled drug

Question 3

Elements of Drug dealing (c)

Answer 3

Section 6(1)(c)

• 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

Question 4

Elements drug dealing (d)

Answer 4

Section 6(1)(d)

• supply or administer or offer to supply or offer to administer
• any class c controlled drug
• to a person under 18 years of age

Question 5

Elements of drug dealing (e)

Answer 5

Section 6(1)(e)

• sell or offer to sell
• any class c controlled drug
• to a person of or over 18 years of age

Question 6

Elements of Drug dealing (f)

Answer 6

Section 6(1)(f)

• have in his possession
• any controlled drug
• for any of the purposes set out in the paragraph (c), (d), or (e) of section 6(1) MODA75

Question 7

R v strawbridge

Answer 7

Not necessary for the crown to establish knowledge on the part of the accused.

Presumed they have knowledge unless they raise the issue or there is evidence to the contrary

Question 8

Police vs Emerali

Answer 8

Possession of a narcotic does not extend to some minute or useless residue of the substance

Question 9

Cameron v R

Answer 9

Recklessness

• actions would bring about the proscribed result
• that proscribed circumstances existed

And having regard to the risk, actions were unreasonable

Question 10

R v Rua

Answer 10

The words produce of manufacture in 6(1)(b) broadly cover the creation of controlled drugs by some form of process which changes the original substance into a particular controlled drug.

Question 11

R v During

Answer 11

[An offer is] an intimation (indication or hint) 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.

Question 12

R v Brown

Answer 12

The making of such an intimation, with the intention that it should be understood as a genuine offer, is an offence

Question 13

R v Forrest and Forrest

Answer 13

The best evidence possible in the circumstances should be adduced by the prosecution in proof of [the victims] age

Question 14

R v Cox

Answer 14

Possession involves two elements. Physical element which is actual custody or control. The second is mental, combination or knowledge and intention. Knowledge that substance is on possession and intention to exercise possession.

Question 15

Definition of controlled drug

Answer 15

Any substances, preparation, mixture, or article specified or described in schedule 1,2 or 3; and includes any temporary class drug and any controlled drug analogue.