Drug Dealing Flashcards
Class A Penalty?
Life Imprisonment
Class B Penalty?
14 years
Class C Penalty?
8 Years
Usable Quantity - Police v Emerali
. . . The serious offence of . . . possessing a narcotic does not extend to some minute and useless residue of the substance.
MODA 1975 Section 6(1)(a)
- Import into or Export from NZ
- Any controlled Drug
MODA 1975 Section 6(1)(b)
- Produce or Manufacture
- Any controlled drug
MODA 1975 Section 6(1)(c)
- Supply, Administer Offer to supply or Administer, or otherwise deal in
- Any Class A or Class B controlled drug
- To any person
MODA 1975 Section 6(1)(d)
- Supply, Administer Offer to supply or Administer,
- Any class C controlled drug
- To any person under the age of 18
MODA 1975 Section 6(1)(e)
- Sell or offer to sell
- Any class C controlled drug
- To any person over the age of 18
MODA 1975 Section 6(1)(f)
- 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
Saxton v Police
To import includes ‘to introduce or bring in from abroad or to cause to be brought in from a foreign country’
R v Hancox
‘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.
Mens Rea of importing (3)
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
Cameron v R
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.
R v 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
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
Offer
The making of such an intimation, with the intention that it should be understood as a genuine offer, is an offence
R v Cox
Possession
two elements
Physical, is actual or potential physical custody or control.
Mental, is a combination of knowledge and intention
Possession four things to prove
- knowledge that drug exists
- knowledge its a controlled drug
- some degree of control over it
- an intention to possess it
R v Collister
Offenders intent can be inferred from circumstances
Section 6(6) MODA 1975
Statutory presumption certain amounts are considered for supply.
Onus on defendant to prove otherwise
Schedule 5
Controlled drug amounts specified for presumption of possess for supply
MODA 1975, Section 6(2A)
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
R v Strawbridge
Tomato plants
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.
