Drug Definitions Flashcards
Imports
CEA.96 S.2
The arrival of the goods in New Zealand in any matter, whether lawfully or unlawfully, from a point outside New Zealand.
SAXTON V POLICE
To import includes to introduce from abroad or to cause to be brought in from a foreign country.
R V HANCOX
The element of importing exists from the time the goods enter New Zealand until they reach their immediate destination ie when the have ceased to be under the control of the appropriate authorities and have become available to the consignee or addressee.
Exports
CEA.96 S.53
The time of exportation is the time when the exporting craft leave the last customs place at which that craft call immediately before proceeding to a point outside New Zealand.
Proving Guilty Knowledge
- Know the drug exists AND
- Know that it is a controlled drug AND
- Intention to posses it AND
- Some degree of control over it
R V STRAWBRIDGE
It is not necessary for the Crown to establish knowledge. It is presumed.
If there is some evidence that the accused honestly believed on RG 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.
POLICE V EMERALI
In any drug offence the quantity of drug involved must be measureable and usable.
“the serious offence of … possessing a narcotic does not extend to some minute and useless residue of the substance.”
Controlled Drug
Any substance, preparation, mixture or article specified or described in Schedule 1, 2 or 3 of MODA, and include any controlled drug analogue.
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 - ephadrine to meth
R V RUA
The words ‘produce’ or ‘manufacture’ in S.6(1)(b) broadly cover the creation of controlled drugs by some form of process which changes the original substances into a particular controlled drug.
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.
R V MARGINNIS
Supply involves more than mere transfer of physical control, it includes enabling the recipient to apply the thing to purposes for which he desires.
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.
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
The making of such intimation with the intention that is should be understood as a genuine offer.
Offers to supply a drug that:
- he has on hand
- will be procured at some future date
- he mistakenly believes he can supply
- deceitfully, and knowing he will not supply that drug
Proving Age
R V FORREST AND FORREST
The best evidence possible in circumstances should be adduced by the prosecution in proof of he victims age.
Sell
A sale occurs when a quantity or share in a drug is exchanged for some valuable consideration. Will commonly be money, but anything of value will suffice.
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 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
Possession
R V COX
Involves two elements
- Physical, is actual or potential physical custody or control.
- Mental, a combination of knowledge and intention, knowledge in the sense of an awareness that the substance is in their possession and an intention to exercise that possession.
Actual v Potential Possession
Actual - the person actually has the drug in their custody
Potential - When the person has the potential to have the drug in their control
Class A drug examples
Meth Magic mushrooms Cocaine Heroin LSD
Class B examples
Amphetamine Cannabis oil Hashish GHB (fantasy) MDMA (ecstacy) Morphine Opium Pseudoephedrine
Methadone
Class C examples
Cannabis seed Cannabis plant Codeine BZP Drug Analogues
Hooper and Another
In terms of otherwise dealing the example which readily comes to mind in barter or exchange.
The prosecution must be as specific as the evidence allows. Use sell if sale occurs rater than generic ‘dealing’
Proving intent (plus drugs cases)
R V COLLISTER
Defendants intent can be inferred from the circumstances
-Actions or words before/during/after event
-Surrounding Circumstances
-Nature of the act itself
Drugs
- admissions
- circumstantial evidence (packaging/scales/cash/tick list)
- statutory presumption
Section 6(6)
Presumptive amounts
Herion - 0.5g Cocaine - 0.5g LSD - 2.5g or 25flakes Meth - 5g MDMA - 5g Cannabis oil - 5g Cannabis plant - 28g or 100cig All others 56g
