Drug Dealing (Liability) Definitions Flashcards
Controlled drugs are imported into New Zealand by air and sea using a variety of methods. Commonly drug importers will:
- have drugs concealed in or on their person, or in their luggage
- have another person (a ‘mule’) bring the drugs in for them
- send or have drugs sent by international mail or courier
- conceal drugs inside legitimate goods, for example within shipping containers
What are key points regarding the liability for importation, IE: when is a person still liable for the offence?
R v Hancox - “The element of importing beings when the goods arrive in New Zealand, until when they reach their immediate destination” i.e., they are available to the consignee or addressee.
List some examples of Class A controlled drugs described in Schedule 1 ?
Class A controlled drugs are classified as such as their misuse poses a ‘very high risk’ of harm to individuals and to society.
Examples:
- Cocaine
- Heroin
- Lysergide (LSD)
- Methamphetamine
- Psilocybine (found in magic mushrooms)
Note - the synthetic drugs AMB-FUBINACA and 5F-ADB have now been classified as Class A controlled drugs
List some examples of Class B controlled drugs described in Schedule 2?
Class B controlled drugs are those that pose a ‘high risk of harm’ and include:
- Amphetamine
- Cannabis preparations (such as cannabis oil and hashish)
- GHB (Fantasy)
- MDMA (Ecstasy)
- Morphine
- Opium
- Pseudoephedrine
- Ephedrine
List some examples of Class C controlled drugs described in Schedule 3?
Class C controlled drugs pose a ‘moderate risk of harm’ and include:
- Cannabis plant
- Cannabis seeds
- Benzylpiperazine (BZP)
- Controlled drug analogues
What two elements must the prosecution prove when dealing with an ‘offering to supply or administer charge’?
- the communicating of an offer to supply or administer a controlled drug (the actus reus)
- an intention that the other person believes the offer to be genuine (the mens rea).
Statutory Presumptive Amount
LSD
Heroin
Cocaine
Meth
MDMA
Cannabis Oil
Cannabis Plant
Schedule 5 MODA 1975
LSD - 2.5mg or 25 flakes, tablets
Heroin - 0.5g
Cocaine - 0.5g
Meth - 5g
MDMA - 5g or 100 flakes, tablets
Cannabis Oil - 5g
Cannabis Plant - 28g or 100 cigarettes
Where a controlled drug is not specified in Schedule 5 the presumptive amount for that drug is 56 grams.
Define “Supply”
“To furnish or provide something that is needed or desired”.
Define: ‘Intent’
Firstly there must be an intention to commit the act, and secondly an intention to get a specific result
Define ‘Controlled Drug Analogue’
Any substance with a structure substantially similar to a controlled drug.
All analogues are class C drugs
In drugs cases it will be necessary for the Crown to prove that the defendant had:
(KKCI)
- knowledge that the drug exists
- knowledge that it is a controlled drug
- actual physical control or some degree of control over it
- an intention to possess it
Circumstantial evidence from which an offender’s intent may be inferred can include:
- the offender’s actions and words before, during and after the event
- the surrounding circumstances
- the nature of the act itself.
In drugs cases additional evidence of intent to supply may be inferred from:
- admissions
- circumstantial evidence (packaging, scales, cash, tick lists etc)
- the statutory presumption under section 6(6).
Where age is an essential element of a charge, the prosecution must prove the victim’s age at the time of the alleged offence, what evidence would this consist of?
In practice this generally involves producing the victim’s birth certificate in conjunction with independent evidence that identifies the victim as the person named in the certificate.
Proving possession of controlled drugs in New Zealand requires proof of two separate elements.
R v Cox held the two separate elements to be proved are….
Physical Element:
This element requires physical custody or control over the drugs.
This can be either actual or potential.
Mental Element:
The mental element requires a combination of knowledge and intention.
