Drug Dealing Flashcards
Section 6 (1)(a) MODA 1975
Drug dealing (importing/exporting any controlled drug)
- import into OR export from NZ
- any controlled drug
Section 6 (1)(b) MODA 1975
Producing/manufacturing any controlled drug
- produce OR manufacture
- any controlled drug
Section 6 (1)(c) MODA 1975
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
Section 6 (1)(d) MODA 1975
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
Section 6 (1)(e) MODA 1975
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
Section 6 (1)(f) MODA 1975
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
Controlled drug
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)
Saxton v Police
Importing
To introduce or bring in from abroad or cause to be brought in from a foreign country
R v Strawbridge
FOR ALL OFFENCES
Must have guilty knowledge that the substance was a controlled drug.
Mistaken to the nature of controlled drug
Section 29
Believing a substance is a particular controlled drug when it is in fact another controlled drug is not an offence
Police v Emerali
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
R v Hancox
Importing
Involves active conduct. Exists from time goods enter NZ until they reach their immediate destination
Produce
Being something into being or existence from its raw materials
E.g. cannabis to cannabis oil
R v Rua
R v Rua
Produce or manufacture covers the creation of controlled drugs by some form of process which changes the original substances into a particular controlled drug
Manufacturing
Combining chemicals or processing raw materials to create a new substance
E.g cocaine
Supply
To provide something that is needed
Section 2(1) supply includes distribution, give and sell
Administers
Introducing a drug directly into another person’s system
R v During
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
R v Brown
The making of an offer with the intention that it should be understood as a genuine offer
Saying the words/sending the text
Persons under 18 years
Person must be under 18 years of age.
R v Forrest and Forrest
R v Forrest and Forrest
The best evidence in the circumstances should be adduced by the prosecution in proof of the victim’s age
Offer to supply
Communication of an offer (actus rea)
An intention that the other person believes the offer to be genuine (mens rea)
R v Cox
Possession
Physical element - actual physical custody or control
Mental element - knowledge it was there. Intent to possess it
Control
Exercise authoritative or dominating influence over it
Necessary for crown to prove (possession)
- knowledge drug exists
- knowledge it is a controlled drug
- some degree of control over it
- intention to possess it
