Drug Dealing Flashcards
Saxton v Police
Import includes to introduce or bring in from abroad or to cause to be brought in from a foreign country
Define IMPORTATION
The arrival of any goods in NZ by any manner (illegal or legal)
How long does the importation process last?
It continues until the drugs have reached their ultimate destination
R v Hancox
Importation involves active conduct. It does not cease when aircraft/vessel enters NZ, it continues until available to addressee.
What must the prosecution prove re the mens rea of importing?
GUILTY KNOWLEDGE
Elements of 6(1)(b)
PRODUCE/MANUFACTURE
- produce OR manufacture
- any controlled drug
Define PRODUCE
To bring something into being or bring something into existence from it’s raw materials or elements (eg cannabis oil)
Define MANUFACTURE
The process of synthesis. Combining components or processing raw materials to create a new substance. (Eg cook meth)
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.
The offence is complete when the substance is created… useable or not!
R v Strawbridge
GUILTY KNOWLEDGE is an essential element to the offence.
If they innocently believed it wasnt a controlled drug, that’s a defence. (The mens rea is essential)
However, it is not necessary for the Crown to est knowledge on the part of the accused, in the absence of evidence to the contrary it is presumed. (Strawbridge…strawberry plants…tomato plants!)
Police v Emerali
USABLE QUANTITY:
Possessing a narcotic does not extend to some minute and useless residue!
also note: depends on more than just size/weight, nature/condition of drug is also relevant.
Consideration should also be given to whether small, seemingly unusable amounts would make up a larger usable quantity all together
TO ANY PERSON…
Jill is a person other than John
NB it is not necessary to ID Jill
“ANY CLASS A CONTROLLED DRUG”
Methamphetamine is a class A controlled drug as specified in schedule 1 of the Misuse of Drugs Act 1975
elements of 6(1)(c)
SUPPLYING CLASS A or B
- supply or administer or offer to supply or administer or otherwise deal in
- any class (A/B) controlled drug
- to any other person
Define SUPPLY
s2: supply includes to distribute, give, or sell
“To furnish or provide something that is needed or desired”
Define DISTRIBUTION
Supply drugs to multiple people
Define GIVING
Handing the substance over in order to enable another person to use the drug for his own purposes
Define SELLING
Exchange of goods in return for valuable consideration.
Define ADMINISTER
Introducing the drug directly into another person’s system
- injecting
- date rape
What 2 case laws relate to “OFFER”
R v During
R v Brown
R v During
The actus rea of “offer”
an imitation that he is ready on request to supply the drugs prohibited
Communicating an offer to supply or administer the drugs
R v Brown
The mens Rea of “offer”
with the intention that it should be understood as a genuine offer
Ie the intention that the person believes it is genuine
OFFER
2 elements
Actus Rea: communicating an offer (R v During)
Mens Rea: intention that the Person will believe the offer to be genuine (R v Brown)
elements of 6(1)(d)
SUPPLYING CLASS C TO UNDER 18yo
- supply/administer/offer to supply or administer
- any class C controlled drug
- to a person under 18 years
PERSON UNDER 18 YEARS
What case law applies?
R v Forrest & Forrest
elements of 6(1)(e)
SELL/OFFER TO SELL CLASS C 18+
- sell/offer to sell
- any class C controlled drug
- to a person of or over 18 years of age
Tell me more about “Sell” under 6(1)(e)
A drug supplied can be considered “sold” in this section in the absence of evidence to the contrary
NB that the defendant could prove (on the balance of probabilities) that there was no sale as a defence
Examples of class A drugs?
Methamphetamine
Cocaine
Heroin
LSD
magic mushrooms
Examples of class B drugs?
Amphetamines
Cannabis oil/resin
MDMA/ecstasy
Morphine
Examples of class C drugs?
(Includes controlled drug analogue)
Cannabis
BZP
codeine
elements of 6(1)(f)
POSSESSION FOR SUPPLY
- have in his possession
- any controlled drug
- for any purpose set out in c/d/e of 6(1) MODA
R v Cox (re possession)
2 separate elements to possession (R v Cox):
Actus Rea: actual or potential physical custody or control of it
Mens Rea: knowledge that they have it and that it’s a controlled drug AND an intention to exercise possession
For any PURPOSE…
Purpose in this element of 6(1)(f) can be interchanged with “aim” or “intention”
Intent; deliberate act to get a specific result! (R v Collister)
Statutory Presumption for Supply?
- Meth
- Cannabis Plant
- Cannabis Resin
- Heroin
- LSD
- Cocaine
- MDMA
5 grams (Meth)
28g or 100 tinnies (cannabis plant)
5 grams (cannabis resin)
0.5g (heroin)
2.5mg or 25 tabs (LSD)
0.5g (cocaine)
5 grams or 100 tablets (MDMA)
What are the 4 ways an “offer” can arise (R v Brown)?
- Offering to supply a drug that an accused has on hand
- Offering to supply a drug that will be procured at some future date
- Offering to supply a drug that the accused mistakingly believes he can supply
- Offering to supply a drug deceitfully, knowing that he actually won’t supply it
What does the prosecution need to prove for a charge of Conspiracy under s6(2A) of MODA?
- prove an agreement made between two or more people AND
- prove that the conspiracy was against s6(1) of the MODA
Proving intent in drugs cases may be inferred from what 3 things?
- admissions
- statutory evidence
- circumstantial evidence
