Drug Definitions Flashcards
Imports CEA.96 S.2
The arrival of the goods in New Zealand in any manner, whether lawfully or unlawfully, from a point outside New Zealand.
Exports (Customs and Excise Act) 1996 S.53
When the exporting craft leaves the last customs place at which that craft calls immediately before proceeding to a point outside New Zealand.
Proving Guilty Knowledge
- Knows the drug exists AND
- Knows that it is a controlled drug AND
- An intention to posses it AND
- Some degree of control over it
Controlled Drug
Any substance, preparation, mixture or article specified or described in Schedule 1, 2 or 3 of MODA, and includes any controlled drug analogue.
Class A controlled drug - a controlled drug specified or described in schedule 1 to the MODA
Class B controlled drug - a controlled drug specified or described in schedule 2 to the MODA
Class C controlled drug - a controlled drug specified or described in schedule 3 to the MODA
Produce
To bring something into being, or to bring something into existence from its raw materials or elements. Cannabis oil - THC in plant to THC oil
Manufacture
The process of synthesis; combining components or processing raw materials to create a new substance. Meth - ephedrine to meth
Produce or manufacture is complete when…
Once the prohibited substance is created, whether or not it is in a useable form.
Supply MODA.75 S.2
To distribute, give or sell.
Administers (Dictionary)
to direct and cause a drug to be taken into the system of another person.
Offers (Dictionary)
Expresses readiness to do something for or on behalf of someone.
Dealing Controlled Drugs Assumption of selling MODA.71 S.6(5)
In regards to selling (section 6(1)(e)) 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.
Two elements required to prove ‘Offers to sell’
- The communicating of an offer to sell a controlled drug AND
- An intention that the other person believes the offer is genuine
Analogue
Any substance with a structure substantially similar to a controlled drug
When does importation end?
The process of importation continues while the goods are in transit, and only concludes when they have reached their final destination and are available to the consignee.
What was held in R v Hancox?
The delivery into the post office box was the final step in the transit process and the importation had ended. The woman’s involvment after that point could therefore not have aided or assisted in the importation.
What is the mens rea for importing?
- Knew about the importation, or was wilfully blind, and
- Knew the imported substance was a controlled drug (or was reckless Cameron v R), and
- Intended to cause the importation
Distribution
Relates to the supply of drugs to multiple people.
Giving
- Means to hand the substance over in order to enable the other person to use the drug for his or her own purposes.
- The giving is complete when the recipient accepts possession or where the drug is placed under the control of a willing participant.
Selling
To sell involves the typical concept of sale - an exchange of the goods in return for valuable consideration.
- Anything of value will suffice.
Offering to supply or administer
- Arousing another person’s interest in controlled drugs
- Two elements must be proved:
1. The communicating of an offer to supply or administer a controlled drug (actus reus)
2. An intention that the other person believes the offer to be genuine (mens rea)
List four ways that the defendant can offer to supply a controlled drug
- 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 that he will not supply that drug
Otherwise deals
Aimed at dealing by some means other than by distributing/giving/selling/administering/offering to supply/offering to administer
What must the Crown prove regarding possession? (Four points)
- Knowledge that the drug exists
- Knowledge that it is a controlled drug
- Some degree of control over it
- An intention to possess it.
How can you prove intent in drug cases?
- Admissions
- Circumstantial evidence (packaging, scales, cash, tick lists etc)
- Statutory presumption
Regarding statutory presumption, where does the onus lie with proving that the drugs were not for supply?
What standard of proof is required?
- The onus of rebutting the presumption lies with the defendant.
- The standard of proof is the balance of probabilities.
Schedule 5 - presumptive amounts
Heroin/Cocaine - 0.5 grams
LSD - 2.5mgs or 25 tabs
Meth - 5 grams
MDMA - 5 grams/100 pills
Cannabis resin - 5 grams
Cannabis oil - 5 grams
Cannabis plant - 28 grams or 100 cigarettes
Saxton v Police
(SaXton - importing Xtasy)
To import includes “to introduce or bring in from abroad or to cause to be brought in from a foreign country“.
R v Hancox
(Think of people being smuggled into NZ for sexual exploitation - all attractive Russian women - the smugglers continually have their hands on their c***s)
“Importation“ involves active conduct. It does not cease as the aircraft or vessel enters the 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“.
Application: imports (drug dealing)
R v Strawbridge
(An innocent woman thinks she is growing straw (tomato plants) when she is acutally growing cannabis = not guilty)
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. However 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. Application: guilty knowledge
Police v Emerali
(Emerali sounds Spanish - imagine a Spanish drug trafficker with a tiny bit of cocaine in his pocket)
(Application: usable quantity (drug dealing)
“The serious offence of possessing a narcotic does not extend to some minute and useless residue of the substance.”
Application: usable quantity (drug dealing)
R v Rua
(Rua Bioscience produce OR manufacture medicinal cannabis)
The creation of controlled drugs by some form of process which changes the original substances into a particular controlled drug.
Application: produce/manufacture (drug dealing)
R v Donald
(After investing in Wilson parking buildings, Donald Trump is now sitting in his Trump Towers with a mountain of cocaine for supply)
Supply includes the distribution of jointly owned property between its co-owners. Application: supply (drug dealing)
R v Knox
(Knox - No X - giving the X back to it’s original possessor)
“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.”
Application: Intent to supply (drug dealing)
R v Wildbore
(scenario - out in the WILD with the boar, shed on property, key in hiding spot, LSD kept in shed … tells offender where the key is and permits them to access the drugs)
A “passive custodian” who relinquishes custody of a drug to meet the needs of another, has the necessary intent for supply.
Application: intent to supply (drug dealing)
R v During
(During this time I can now offer to supply you drugs)
(Application: offer to supply (drug dealing)
“(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.”
Application: offer to supply (drug dealing)
R v Brown
(H G M C - High Girls Motorcycle Club)
“…the making of such an intimation, with the intention that it should be understood as a genuine offer, is an offence.”
Offering to supply a controlled drug can arise in a variety of ways including where the defendant: – Offers to supply a drug that he has on HAND – offers to supply a drug that he will GET at some future date – offers to supply a drug that he MISTAKENLY believes he can supply – offers to supply a drug CUNNINGLY, knowing he will not supply that drug. Application: offer to supply (drug dealing)
What is an essential element that the prosecution must prove regarding selling a class C controlled drug?
The prosecution must prove the age of the person to whom the drugs were supplied.
