Drug Liabilities Flashcards
IMPORTING/EXPORTING ANY CONTROLLED DRUG
Section 6(1)(a) Misuse of Drugs Act 1975
IMPORT
Def - Means the arrival of the goods in New Zealand in any manner, whether lawfully or unlawfully, from a point outside New Zealand
SAXTON V POLICE
To import includes “to introduce or bring in from abroad or to cause to be brought in from a foreign country”.
R V HANCOX
importation is a process. Criminality begins when the drugs enter New Zealand and ends when the drugs become available to the addressee or consignee
NEW ZEALAND
New Zealand—
(a) Means the land and the waters enclosed by the outer limits of the territorial sea of New Zealand
CONTROLLED DRUG
Controlled drug means any substance, preparation, mixture, or article specified or described in Schedule 1, Schedule 2, or Schedule 3 to this Act; and includes any controlled drug analogue. SPAM CDA
GUILTY KNOWLEDGE
Knew about offence, knew that the substance was a controlled drug and intent to commit the offence.
R V STRAWBRIDGE
Knowledge will be presumed unless there is evidence to the contrary.
USABLE QUANTITY
POLICE V EMERALI
Possession does not extend to some minute and useless residue of the substance. Needs to be a useable quantity.
PRODUCING/MANUFACTURING ANY CONTROLLED DRUG
Section 6(1)(b) Misuse of Drugs Act 1975
PRODUCING
To “produce” means to bring something into being, or to bring something into existence from its raw materials or elements.
MANUFACTURING
the process of synthesis; combining components or processing raw materials to create a new substance.
R V RUA
Produce or Manufacture covers the creation of a CD by a process changing the original substances into a particular CD.
It is completed when the substance is created, whether or not its useable.
CONTROLLED DRUG
Controlled drug means any substance, preparation, mixture, or article specified or described in Schedule 1, Schedule 2, or Schedule 3 to this Act; and includes any controlled drug analogue. SPAM CDA
GUILTY KNOWLEDGE
Knew about offence, knew that the substance was a controlled drug and intent to commit the offence.
R V STRAWBRIDGE
Knowledge will be presumed unless there is evidence to the contrary.
USABLE QUANTITY
POLICE V EMERALI
Possession does not extend to some minute and useless residue of the substance. Needs to be a useable quantity.
SUPPLYING ANY CLASS A OR B CONTROLLED DRUG
Section 6(1)(c) Misuse of Drugs Act 1975
SUPPLY
To “supply” means “to provide something that is needed or desired”. Supply includes distribute, give, and sell
R v MAGINNIS
“Supply involves more than the mere transfer of physical control … it includes enabling the recipient to apply the thing to purposes for which he desires …”
DISTRIBUTE
The term “distribution” relates to the supply of drugs to multiple people.
GIVE
Giving involves handing over an item to another person.
SELLS
To sell is the typical concept of sale, drug is exchanged in return for some valuable consideration.
ADMINISTER
“to direct and cause a drug to be taken into the system” of another person.
OFFER
Express readiness to do something for or on behalf of someone. Can be conveyed in in any manner, including words, writing or gestures.
R V DURING
An offer is an intimation by a person who is ready on request to supply drugs.
R V BROWN
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 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 that drug.
R v BROWN
The offence of supply exists when the offer is made with the intention that it is to be understood as genuine.
OTHERWISE DEALS WITH
dealing in a drug by some means other than by distributing, giving or selling it, administering it or offering to supply or administer it.
CLASS A CONTROLLED DRUGS
Class A controlled drug means the controlled drugs specified or described in Schedule 1 to this Act
CLASS B CONTROLLED DRUGS
Section 2, Misuse of Drugs Act 1975
Class B controlled drug means the controlled drugs specified or described in Schedule 2 to this Act
CONTROLLED DRUG
Controlled drug means any substance, preparation, mixture, or article specified or described in Schedule 1, Schedule 2, or Schedule 3 to this Act; and includes any controlled drug analogue. SPAM CDA
GUILTY KNOWLEDGE
Knew about offence, knew that the substance was a controlled drug and intent to commit the offence.
R V STRAWBRIDGE
Knowledge will be presumed unless there is evidence to the contrary.
USABLE QUANTITY
POLICE V EMERALI
Possession does not extend to some minute and useless residue of the substance. Needs to be a useable quantity.
To any other person
The prosecution must prove that the drugs were supplied to another person, although it is not necessary to identify that person.
The offence is gender neutral, and the fact that the person supplied is a “person” is generally accepted by judicial notice or proved by circumstantial evidence.
SUPPLYING CLASS C CONTROLLED DRUG TO PERSON UNDER 18 YEARS
Section 6(1)(d) Misuse of Drugs Act 1975
SUPPLY
Def - To “supply” means “to provide something that is needed or desired”. Supply includes distribute, give, and sell
R v MAGINNIS
“Supply involves more than the mere transfer of physical control … it includes enabling the recipient to apply the thing to purposes for which he desires …”
DISTRIBUTE
The term “distribution” relates to the supply of drugs to multiple people.
GIVE
Giving involves handing over an item to another person.
SELLS
To sell is the typical concept of sale, drug is exchanged in return for some valuable consideration.
ADMINISTER
“to direct and cause a … drug to be taken into the system” of another person.
OFFER
Express readiness to do something for or on behalf of someone. Can be conveyed in in any manner, including words, writing or gestures.
R V DURING
An offer is an intimation by a person who is ready on request to supply drugs.
OFFER TO SUPPLY
R V BROWN
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 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 that drug.
R v BROWN
The offence of supply exists when the offer is made with the intention that it is to be understood as genuine.
CLASS C CONTROLLED DRUGS
Class C controlled drug means the controlled drugs specified or described in Schedule 3 to this Act; and includes any controlled drug analogue
CONTROLLED DRUG
Controlled drug means any substance, preparation, mixture, or article specified or described in Schedule 1, Schedule 2, or Schedule 3 to this Act; and includes any controlled drug analogue. SPAM CDA
GUILTY KNOWLEDGE
Knew about offence, knew that the substance was a controlled drug and intent to commit the offence.
R V STRAWBRIDGE
Knowledge will be presumed unless there is evidence to the contrary.
USABLE QUANTITY
POLICE V EMERALI
Possession does not extend to some minute and useless residue of the substance. Needs to be a useable quantity.
The person must be 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.”
SELL/OFFER TO SELL ANY CLASS C CONTROLLED DRUG TO PERSON 18+
Section 6(1)(e) Misuse of Drugs Act 1975
SELLS
To sell is the typical concept of sale, drug is exchanged in return for some valuable consideration.
OFFER
Express readiness to do something for or on behalf of someone. Can be conveyed in in any manner, including words, writing or gestures.
R V DURING
An offer is an intimation by a person who is ready on request to supply drugs.
CLASS C CONTROLLED DRUGS
Class C controlled drug means the controlled drugs specified or described in Schedule 3 to this Act; and includes any controlled drug analogue
CONTROLLED DRUG
Controlled drug means any substance, preparation, mixture, or article specified or described in Schedule 1, Schedule 2, or Schedule 3 to this Act; and includes any controlled drug analogue. SPAM CDA
GUILTY KNOWLEDGE
R V STRAWBRIDGE
Knowledge will be presumed unless there is evidence to the contrary.
USABLE QUANTITY
POLICE V EMERALI
Possession does not extend to some minute and useless residue of the substance. Needs to be a useable quantity.
The person must be of or over 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.”
(POSSESSION OF CONTROLLED DRUG FOR SUPPLY)
Section 6(1)(f) Misuse of Drugs Act 1975
POSSESSION
R V COX
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 “control” something means to exercise authoritative or dominating influence over it.
CONTROLLED DRUG
Controlled drug means any substance, preparation, mixture, or article specified or described in Schedule 1, Schedule 2, or Schedule 3 to this Act; and includes any controlled drug analogue. SPAM CDA
GUILTY KNOWLEDGE
R V STRAWBRIDGE
Knowledge will be presumed unless there is evidence to the contrary.
USABLE QUANTITY
POLICE V EMERALI
Possession does not extend to some minute and useless residue of the substance. Needs to be a useable quantity.
PURPOSE
Purpose” in this context can be equated to “aim” or “intention”.
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. The act or omission must be more than involuntary or accidental.
R V COLLISTER
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
Then insert the relevant section in c, d or e.
