Drug offences Flashcards
What are the elements of drug dealing (importing/exporting any controlled drug)? Section (1)(a) MODA 1975
- Import into OR export from New Zealand
- Any controlled drug
What does Saxton v Police state about importing?
To import includes “to introduce of bring in from abroad or cause to be brought in from a foreign country”
What does R v Hancox say about importing?
“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 their reach their immediate destination of have ceased to be under the control of the appropriate authorities and have become available to the consignee or addressee
What is the outer limit of the territorial sea of NZ?
Section 2 Customs and Excise Act 1996
12 nautical miles from the land mass of New Zealand
What is a ‘controlled drug’?
Section2, MODA 1975
Controlled drug means any substance, preparation, mixture or article specified or described in Schedule 1, 2 or 3 of this Act; and includes any controlled drug analogue
What does R v Strawbridge say about guilty knowledge?
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 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
What does Police v Emerali say about ‘usable quantity’?
“… the serious offence of … possessing a narcotic does not extend to some minute and useless residue of the substance
What are the elements of drug dealing (producing/manufacturing any controlled drug)? Section 6(1)(b) MODA 1975
- Produce OR manufacture
- Any controlled drug
What does R v Rua say about producing/manufacturing?
The words “produce” or “manufacturing” in S6(1)(b) broadly covers the creation of controlled drugs by some form of process which changes the original substances into a particular controlled drug
What are the elements of drug dealing (supplying any Class A or B controlled drug)? Section 6(1)(c) MODA 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
What does R v Donald say about supply?
Supply includes the distribution of jointly owned property between its co-owners
What does R v Know say about possession?
“A person who is un 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”
What does R v Wildbore say about supply?
A “passive custodian” who relinquishes custody of a drug to meet the needs of another, has the necessary intent for supply
What does R v During say about offering?
“[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”
What does R v Brown say about offers to supply?
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 he mistakenly believes he can supply
- Offers to supply a drug deceitfully, knowing he will not supply that drug
