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Batman > Drug Dealing > Flashcards

Drug Dealing Flashcards

1
Q

Define Importation

A

Means the arrival of the goods in New Zealand in any manner, whether lawfully or unlawfully, from a point outside New Zealand

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2
Q

What is case law Saxton?

A

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

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3
Q

What is case law Hancox?

A

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

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4
Q

What three things must the crown prove for importing?

A
  • defendant knew about importation
  • defendant knew the imported substance was a controlled drug
  • defendant intended to cause the importation
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5
Q

What is a controlled drug analogue?

A

A structure substantially similar to that of any controlled drug

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6
Q

What are 5 class A controlled drugs?

A
  • Cocaine
  • Methampetamine
  • Heroin
  • LSD
  • Psilocybine
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7
Q

Define a Class A controlled Drug

A

Means a controlled drug specified in schedule 1 to the MODA 75 poses very high risk to harm to individuals and society

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8
Q

Define a Class B controlled drug

A

A controlled drug specified in schedule 2 of the MODA 75 poses a high risk of harm to individuals or society

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9
Q

What are 7 class B controlled drugs

A
  • Ampethamine
  • Cannabis Preparation (oil and hashish)
  • GHB
  • MDMA
  • Morphine
  • Opium
  • Pseudoephedrine
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10
Q

Define a class C controlled drug

A

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

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11
Q

What are 4 class C controlled drugs

A
  • Cannabis Plant
  • Cannabis Seeds
  • BZP
  • Controlled drug analogues
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12
Q

What is case law Strawbridge?

A

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

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13
Q

Explain what is meant by useable quantity and refer to case law

A

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

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14
Q

What is case law Rua

A

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

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15
Q

What is the difference between produce and manufacture

A

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

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16
Q

When is the offence of 6(1)(b) complete?

A

Once the prohibited substance is created whether or not it is in a useable form

17
Q

Define supply

A

Means to furnish or provide something that is needed or desired

18
Q

Define giving

A

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

19
Q

Define administering

A

This involves introducing a drug directly into another person system. Direct and cause a drug to be taken into the system

20
Q

For offering the prosecution must prove 2 elements

A
  • (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
21
Q

What are the 2 case laws in relation to offering?

A

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

22
Q

What are 4 ways the offence of offering can arise

A
  • 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
23
Q

What is case law Forrest and Forrest

A

The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age

24
Q

What is case law Cox?

A

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

25
Q

What are 4 ways crown can prove possession in drug cases

A
  • knowledge that the drug exists
  • knowledge that it is a controlled drug
  • some degree of control over it
  • an intention to possess it
26
Q

What are two types of intent who is responsible for proving this

A

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

27
Q

What is circumstantial evidence to prove intent

A
  • Surrounding circumstances
  • offenders actions and words before during and after the event
  • nature of act itself
28
Q

What is meant by reverse onus of proof

A

It is upto the defendant to prove on the balance of probabilities that the drugs were not intended for supply

29
Q

Under section 6(6) what are the statutory presumptive amounts

A
  • 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

30
Q

Section 6 offences

A

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

31
Q

Define a controlled drug

A

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

32
Q

Define distributing

A

The supply of drugs to multiple people

Batman (16 decks)

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