DRUG DEALING Flashcards
Liability: IMPORT/EXPORT CONTROLLED DRUG
S6(1)(a) Misuse of Drugs Act 1975
Import into OR export from New Zealand
Any controlled drug
IMPORT
S2 Customs and Excise Act 1996
In relation to any goods means the arrival of the good in New Zealand in any manner; whether lawfully or unlawfully, from a place outside New Zealand
R v SAXTON
To import includes ‘to introduce or bring in from abroad or to cause to be brought in from a foreign country’.
R v 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.
R v EMERALI *
‘the serious offence of… possessing a narcotic does not extend to some minute and useless residue of the substance’.
CONTROLLED DRUG *
S2 Misuse of Drugs Act 1975
Controlled drug means any substance, preparation, mixture or article (SPAM) specified or described in Schedule 1, 2 or 3 to this Act and includes any controlled drug analogue.
EXPORT
S53 Customs and Excise Act 1996
… the time of exportation is the time when the exporting craft leaves the last Customs place at which that craft calls immediately before proceeding to a point outside New Zealand.
NEW ZEALAND
S2 Customs and Excise Act 1996
The land and the waters enclosed by the outer limits of the territorial sea of New Zealand. The outer limit of the territorial sea is 12 nautical miles from the land mass of New Zealand.
R v HANCOX
‘importation’ involves active conduct. It does not cease as the aircraft or vessel enters New Zealand territorial limits. The process of importation exists from the time the goods enter New Zealand until they reach their immediate destination or have ceased to be under the control of the appropriate authorities and have become available to the consignee or addressee.
CLASS A CONTROLLED DRUG *
Listed in schedule 1 of MODA 1975
- methamphetamine
- magic mushrooms
- cocaine
- heroin
- LSD (Acid)
CLASS B CONTROLLED DRUG *
Listed in schedule 2 of MODA 1975
- cannabis oil
- hashish
- morphine
- opium
- ecstasy (MDMA)
- many amphetamine-type substances
CLASS C CONTROLLED DRUG *
Listed in schedule 3 of MODA 1975
- cannabis seed
- cannabis pant
- codeine
Liability: PRODUCING/MANUFACTURING ANY CONTROLLED DRUG
S6(1)(b) Misuse of Drugs Act 1975
Produce or
Manufacture
Any controlled drug
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.
WHEN IS PRODUCTION OR MANUFACTURE OF A CONTROLLED DRUG COMPLETE?
The offence is complete once the prohibited substance is created whether or not it is in a usaable form.
PRODUCE *
To produce means to bring something into being or to bring something into existence from its raw materials or elements.
MANUFACTURE *
The process of synthesis; combining components or processing raw materials to create a new substance.
Liability: SUPPLY ANY CLASS A OR B CONTROLLED DRUG
S6(1)(c) Misuse of Drugs Act 1975
Supply or Administer or Offer to supply or administer or Otherwise deal in Any Class A controlled drug or Class B controlled drug To any other person
SUPPLY *
S2 MODA 1975
Supply includes distribute, give and sell
ADMINISTER *
To direct and cause a… drug to be taken into the system of another person.
R v WILDBORE *
A ‘passive custodian’ who relinquishes custody of a drug to meet the needs of another, has the necessary intent for supply.
R v KNOX
A person who is in unlawful possession of a controlled drug which has been deposited for safekeeping, has the intent to supply that drug to another if his intention is to return the drug to the person who deposited it with him.
R v DONALD
Supply includes the distribution of jointly owned property between its co-owners
OFFER *
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 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
Offering to supply a controlled drug can arise in a number of ways including where the defendant:
- 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 the drug
WHAT CAN BE CONSIDERED AN OFFER TO SUPPLY? *
R v DONALD
Offering to supply a controlled drug can arise in a number of ways including where the defendant:
- 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 the drug
OTHERWISE DEALS WITH *
Deals in a drug by some means other than by distributing, giving or selling it, administering it or offering to supply or administer it
Liability: SUPPLYING CLASS C CONTROLLED DRUG TO PERSON UNDER 18 YEARS
S6(1)(d) Misuse of Drugs Act 1975
Supply or Administer or Offer to supply or administer Any Class C controlled drug To a person under 18 years of age
R v FORREST AND FORREST *
‘the best evidence possible in the circumstances should be adduced by the prosecution in proof of [the victim’s] age’.
Birth certificate produced by parent.
Liability: SELL/OFFER TO SELL ANY CLASS C CONTROLLED DRUG TO PERSON 18+
S6(1)(e) Misuse of Drugs Act 1975
Sell or offer to sell
Any Class C controlled drug
To a person of or over 18 years of age
SELLS (S6(1)(e))*
S6 MODA 1975
For the purpose of paragraph (e) of subsection (1) of this section, if it is proved that a person has supplied a controlled drug to another person he shall until the contrary is proved be deemed to have sold that controlled drug to that other person.
Liability: POSSESSION OF CONTROLLED DRUG FOR SUPPLY
S6(1)(f) Misuse of Drugs Act 1975
Have in his possession
Any controlled drug
For any of the purposes set out in paragraphs (c), (d) or (e) of section 6(1) MODA75
R v COX (possession) *
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.
CONTROL
To exercise authoritative or dominating influence over something.
INTENT *
There must be an intention:
- to commit the act and;
- to get a specific result.
Intent means that an act or omission must be done deliberately. It must be more than involuntary or accidental.
