Drug Dealing

Question 1

Section 6 (1)(a) MODA 1975

Answer 1

Drug dealing (importing/exporting any controlled drug)

• import into OR export from NZ
• any controlled drug

Question 2

Section 6 (1)(b) MODA 1975

Answer 2

Producing/manufacturing any controlled drug

• produce OR manufacture
• any controlled drug

Question 3

Section 6 (1)(c) MODA 1975

Answer 3

Supplying any class A or B controlled drug

• supply OR administer OR offer to supply OR offer to administer OR other deal in
• any class A controlled drug OR any class B controlled drug
• to any other person

Question 4

Section 6 (1)(d) MODA 1975

Answer 4

Supplying class A controlled drug to person under 18 years

• Supply OR administer OR offer to supply OR offer to administer
• any class C drug
• to any person under 18 years of age

Question 5

Section 6 (1)(e) MODA 1975

Answer 5

Sell/offer to sell any class c controlled drug to person 18+

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

Question 6

Section 6 (1)(f) MODA 1975

Answer 6

Possession of controlled drug for supply

• have in his possession
• any controlled drug
• for any of the purposes set out in paragraphs c, d, e of section 6(1) MODA 1975

Question 7

Controlled drug

Answer 7

X is a controlled drug as listed in schedule x of MODA 1975

Schedule 1 - class A (very high risk)
Schedule 2 - class B (high risk)
Schedule 3 - class C (moderate risk)

Question 8

Saxton v Police

Answer 8

Importing

To introduce or bring in from abroad or cause to be brought in from a foreign country

Question 9

R v Strawbridge

Answer 9

FOR ALL OFFENCES

Must have guilty knowledge that the substance was a controlled drug.

Question 10

Mistaken to the nature of controlled drug

Answer 10

Section 29

Believing a substance is a particular controlled drug when it is in fact another controlled drug is not an offence

Question 11

Police v Emerali

Answer 11

ALL OFFFENCES

Quantity of the drug must be measurable and useable

Possessing a narcotic does not extend to some minute and useless residue of the substance

Question 12

R v Hancox

Answer 12

Importing

Involves active conduct. Exists from time goods enter NZ until they reach their immediate destination

Question 13

Produce

Answer 13

Being something into being or existence from its raw materials

E.g. cannabis to cannabis oil

R v Rua

Question 14

R v Rua

Answer 14

Produce or manufacture covers the creation of controlled drugs by some form of process which changes the original substances into a particular controlled drug

Question 15

Manufacturing

Answer 15

Combining chemicals or processing raw materials to create a new substance

E.g cocaine

Question 16

Supply

Answer 16

To provide something that is needed

Section 2(1) supply includes distribution, give and sell

Question 17

Administers

Answer 17

Introducing a drug directly into another person’s system

Question 18

R v During

Answer 18

An offer is an intimation by the person charged to another that he is ready on request to supply that other, drugs if a kind prohibited by the statute

An offer is an offer

Question 19

R v Brown

Answer 19

The making of an offer with the intention that it should be understood as a genuine offer

Saying the words/sending the text

Question 20

Persons under 18 years

Answer 20

Person must be under 18 years of age.

R v Forrest and Forrest

Question 21

R v Forrest and Forrest

Answer 21

The best evidence in the circumstances should be adduced by the prosecution in proof of the victim’s age

Question 22

Offer to supply

Answer 22

Communication of an offer (actus rea)

An intention that the other person believes the offer to be genuine (mens rea)

Question 23

R v Cox

Answer 23

Possession

Physical element - actual physical custody or control

Mental element - knowledge it was there. Intent to possess it

Question 24

Control

Answer 24

Exercise authoritative or dominating influence over it

Question 25

Necessary for crown to prove (possession)

Answer 25

• knowledge drug exists
• knowledge it is a controlled drug
• some degree of control over it
• intention to possess it