DRUG DEALING

Question 1

Liability: IMPORT/EXPORT CONTROLLED DRUG

Answer 1

S6(1)(a) Misuse of Drugs Act 1975

Import into OR export from New Zealand
Any controlled drug

Question 2

IMPORT

Answer 2

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

Question 3

R v SAXTON

Answer 3

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

Question 4

R v STRAWBRIDGE *

Answer 4

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.

Question 5

R v EMERALI *

Answer 5

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

Question 6

CONTROLLED DRUG *

Answer 6

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.

Question 7

EXPORT

Answer 7

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.

Question 8

NEW ZEALAND

Answer 8

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.

Question 9

R v HANCOX

Answer 9

‘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.

Question 10

CLASS A CONTROLLED DRUG *

Answer 10

Listed in schedule 1 of MODA 1975

• methamphetamine
• magic mushrooms
• cocaine
• heroin
• LSD (Acid)

Question 11

CLASS B CONTROLLED DRUG *

Answer 11

Listed in schedule 2 of MODA 1975

• cannabis oil
• hashish
• morphine
• opium
• ecstasy (MDMA)
• many amphetamine-type substances

Question 12

CLASS C CONTROLLED DRUG *

Answer 12

Listed in schedule 3 of MODA 1975

• cannabis seed
• cannabis pant
• codeine

Question 13

Liability: PRODUCING/MANUFACTURING ANY CONTROLLED DRUG

Answer 13

S6(1)(b) Misuse of Drugs Act 1975

Produce or
Manufacture
Any controlled drug

Question 14

R v RUA *

Answer 14

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 15

WHEN IS PRODUCTION OR MANUFACTURE OF A CONTROLLED DRUG COMPLETE?

Answer 15

The offence is complete once the prohibited substance is created whether or not it is in a usaable form.

Question 16

PRODUCE *

Answer 16

To produce means to bring something into being or to bring something into existence from its raw materials or elements.

Question 17

MANUFACTURE *

Answer 17

The process of synthesis; combining components or processing raw materials to create a new substance.

Question 18

Liability: SUPPLY ANY CLASS A OR B CONTROLLED DRUG

Answer 18

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

Question 19

SUPPLY *

Answer 19

S2 MODA 1975

Supply includes distribute, give and sell

Question 20

ADMINISTER *

Answer 20

To direct and cause a… drug to be taken into the system of another person.

Question 21

R v WILDBORE *

Answer 21

A ‘passive custodian’ who relinquishes custody of a drug to meet the needs of another, has the necessary intent for supply.

Question 22

R v KNOX

Answer 22

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.

Question 23

R v DONALD

Answer 23

Supply includes the distribution of jointly owned property between its co-owners

Question 24

OFFER *

Answer 24

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.

Question 25

R v DURING *

Answer 25

[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 26

R v BROWN

Answer 26

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

Question 27

WHAT CAN BE CONSIDERED AN OFFER TO SUPPLY? *

Answer 27

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

Question 28

OTHERWISE DEALS WITH *

Answer 28

Deals in a drug by some means other than by distributing, giving or selling it, administering it or offering to supply or administer it

Question 29

Liability: SUPPLYING CLASS C CONTROLLED DRUG TO PERSON UNDER 18 YEARS

Answer 29

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

Question 30

R v FORREST AND FORREST *

Answer 30

‘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.

Question 31

Liability: SELL/OFFER TO SELL ANY CLASS C CONTROLLED DRUG TO PERSON 18+

Answer 31

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

Question 32

SELLS (S6(1)(e))*

Answer 32

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.

Question 33

Liability: POSSESSION OF CONTROLLED DRUG FOR SUPPLY

Answer 33

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

Question 34

R v COX (possession) *

Answer 34

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.

Question 35

CONTROL

Answer 35

To exercise authoritative or dominating influence over something.

Question 36

INTENT *

Answer 36

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.