Drug Dealing

Question 1

Class A Penalty?

Answer 1

Life Imprisonment

Question 2

Class B Penalty?

Answer 2

14 years

Question 3

Class C Penalty?

Answer 3

8 Years

Question 4

Usable Quantity - Police v Emerali

Answer 4

. . . The serious offence of . . . possessing a narcotic does not extend to some minute and useless residue of the substance.

Question 5

MODA 1975
Section 6(1)(a)

Answer 5

• Import into or Export from NZ

- Any controlled Drug

Question 6

MODA 1975
Section 6(1)(b)

Answer 6

• Produce or Manufacture

- Any controlled drug

Question 7

MODA 1975
Section 6(1)(c)

Answer 7

• Supply, Administer Offer to supply or Administer, or otherwise deal in
• Any Class A or Class B controlled drug
• To any person

Question 8

MODA 1975
Section 6(1)(d)

Answer 8

• Supply, Administer Offer to supply or Administer,
• Any class C controlled drug
• To any person under the age of 18

Question 9

MODA 1975
Section 6(1)(e)

Answer 9

• Sell or offer to sell
• Any class C controlled drug
• To any person over the age of 18

Question 10

MODA 1975
Section 6(1)(f)

Answer 10

• Has in her or his possession
• Any controlled drug
• for any of the purposes set out in paragraphs (c-e) in Section 6 MOD 1975

Question 11

Saxton v Police

Answer 11

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

Question 12

R v Hancox

Answer 12

‘Importation’ in the misuse of drugs context means the introduction or bringing in from abroad or causing to be brought in from abroad
Importation involves active conduct. does not cease as the aircraft or vessel enters NZ. Process of importation exists from the time the goods enter NZ until they reach their immediate destination.

Question 13

Mens Rea of importing (3)

Answer 13

Prove guilty knowledge

• Knew of the importation or was wilfully blind AND
• knew the imported substance was a controlled drug (or reckless Cameron v R) AND
• Intended to cause the importation

Question 14

Cameron v R

Answer 14

Recklessness in the recognition of the likelihood that the material in question was illicit and an unreasonable disregard of that risk were sufficient to constitute mens rea.

Question 15

R v Rua

Answer 15

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

Question 16

Offering

R v During

Answer 16

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

Question 17

R v Brown

Offer

Answer 17

The making of such an intimation, with the intention that it should be understood as a genuine offer, is an offence

Question 18

R v Cox

Possession

Answer 18

two elements
Physical, is actual or potential physical custody or control.
Mental, is a combination of knowledge and intention

Question 19

Possession four things to prove

Answer 19

1. knowledge that drug exists
2. knowledge its a controlled drug
3. some degree of control over it
4. an intention to possess it

Question 20

R v Collister

Answer 20

Offenders intent can be inferred from circumstances

Question 21

Section 6(6) MODA 1975

Answer 21

Statutory presumption certain amounts are considered for supply.
Onus on defendant to prove otherwise

Question 22

Schedule 5

Answer 22

Controlled drug amounts specified for presumption of possess for supply

Question 23

MODA 1975, Section 6(2A)

Answer 23

Everyone who conspires with another person to commit an offence against sub section (1) commits an offence against this act.

a) - 14 years Class A
b) - 10 years if a) not apply and Class B
c) - 7 years for any other case

Question 24

R v Strawbridge

Tomato plants

Answer 24

Guilty knowledge
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 is was not so.