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
