Drug Dealing Flashcards
Define Importation
Means the arrival of the goods in New Zealand in any manner, whether lawfully or unlawfully, from a point outside New Zealand
What is case law Saxton?
To import includes to introduce or bring in from abroad or to cause to be brought in from a foreign country
What is case law Hancox?
The bringing of goods into the country or causing them to be brought into the country does not cease as the aircraft vessel enters New Zealand’s territorial limits. The element of importing exists from the time the goods enter New Zeland until they reach their immediate destination
What three things must the crown prove for importing?
- defendant knew about importation
- defendant knew the imported substance was a controlled drug
- defendant intended to cause the importation
What is a controlled drug analogue?
A structure substantially similar to that of any controlled drug
What are 5 class A controlled drugs?
- Cocaine
- Methampetamine
- Heroin
- LSD
- Psilocybine
Define a Class A controlled Drug
Means a controlled drug specified in schedule 1 to the MODA 75 poses very high risk to harm to individuals and society
Define a Class B controlled drug
A controlled drug specified in schedule 2 of the MODA 75 poses a high risk of harm to individuals or society
What are 7 class B controlled drugs
- Ampethamine
- Cannabis Preparation (oil and hashish)
- GHB
- MDMA
- Morphine
- Opium
- Pseudoephedrine
Define a class C controlled drug
A controlled drug specified in schedule 3 of the MODA 75 and includes any drug analogue poses a moderate risk of harm to individuals and society
What are 4 class C controlled drugs
- Cannabis Plant
- Cannabis Seeds
- BZP
- Controlled drug analogues
What is case law Strawbridge?
It is not necessary for the crown to establish knowledge on the part of the accused. In the absence of evidence to the contrary knowledge on her part will be presumed, but if there is some evidence that the accused honestly believed on reasonable grounds that her act was innocent, then she is entitled to be acquitted unless the jury is satisfied beyond reasonable doubt that this was not so
Explain what is meant by useable quantity and refer to case law
In any drug offence the quantity of the drug involved must be measurable and useable.
Police v Emerali
the serious offence of possessing a narcotic does not extend to some minute and useless residue of the substance
What is case law Rua
The words produce or manufacture in S6(1)(b) broadly cover the creation of controlled drugs by some form of process which changes the original substances into a particular controlled drug
What is the difference between produce and manufacture
Produce is to bring something into being or to bring something into existence from its raw materials or elements
Manufacture is the process of synthesis, combining components or processing raw materials to create a new substance
When is the offence of 6(1)(b) complete?
Once the prohibited substance is created whether or not it is in a useable form
Define supply
Means to furnish or provide something that is needed or desired
Define giving
Handing over or in some other way transferring an item to another person. Act is complete when the recipient accepts possession or where the drug is placed under the control of the willi g recipient
Define administering
This involves introducing a drug directly into another person system. Direct and cause a drug to be taken into the system
For offering the prosecution must prove 2 elements
- (Actus Reus) communicating of an offer to supply or administer a controlled drug
- (Mens Rea) an intention that the other person believes the offer to be genuine
What are the 2 case laws in relation to offering?
R v During - an offer is an intimation 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
R v Brown - the making of such an intimation, with the intention that it should be understood as a genuine offer, is an offence
What are 4 ways the offence of offering can arise
- offers to supply a drug that he has on hand
- offers to supply a drug that will be procured at some future date
- offers to supply a drug that he mistakenly believes he can supply
- offers to supply a drug deceitfully, knowing he will not supply that drug
What is case law Forrest and Forrest
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age
What is case law Cox?
Possession involves two elements. The first, the physical element, is actual or potential physical custody or control. The second, the mental element, is a combination of knowledge and intention. Knowledge in the sense of an awareness by the accused that the substance is in his possession and an intention to exercise possession
What are 4 ways crown can prove possession in drug cases
- knowledge that the drug exists
- knowledge that it is a controlled drug
- some degree of control over it
- an intention to possess it
What are two types of intent who is responsible for proving this
Deliberate act - acr or omission done deliberately more than involuntary or accidental
Intent to produce a result - aim, purpose
The onus is generally on the prosecution to prove an offenders intent beyond reasonable doubt
What is circumstantial evidence to prove intent
- Surrounding circumstances
- offenders actions and words before during and after the event
- nature of act itself
What is meant by reverse onus of proof
It is upto the defendant to prove on the balance of probabilities that the drugs were not intended for supply
Under section 6(6) what are the statutory presumptive amounts
- heroin 0.5g
- cocaine 0.5g
- LSD 2.5mg or 25 flakes
- Methampetamine 5g
- MDMA (Ecstasy) 5g or 100 flakes
- Cannabis resin and extract oil 5g
- Cannabis plant 28g or 100 cigarettes
Where not specified in schedule 5 the presumptive amount for that drug is 56g
Section 6 offences
S6(1)(a) importing/exporting controlled drug
S6(1)(b) producing/manufacturing controlled drug
S6(1)(c) supplying and class A or B controlled drug
S6(1)(d) supplying and class C controlled drug to person under 18
S6(1)(e) sell or offer to sell any class C controlled drug to a person of or over 18
S6(1)(f) possession of controlled drugs for supply
Define a controlled drug
Any substance, preparation, mixture or article specified or described in schedule 1, 2 or 3 to the MODA 75 and includes any controlled drug analogue
Define distributing
The supply of drugs to multiple people
