Drug Offences Flashcards
Section 6(1)(c) MODA 1975
Supplies Class A or Class B controlled drug
Supply or administer or offer to supply or administer
Any class A controlled drug or Class B controlled drug
To any other person
Or otherwise deal in any such controlled drug
Supply
To furnish or provide something that is needed or desired
Supply Sec 2 MODA 1975
Interpretation
Supply - includes distribute, give, 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
Distribution
Relates to the supply of drugs to multiple people
R v Donald (distribution)
Supply includes the distribution of jointly owned property between its co-owners
Distribution is complete when the defendant has done all that is necessary to accomplish delivery of the drug to others
Giving
Giving involves handing over or in some other way transferring an item to another person
R v Knox ( Giving)
A person who is in unlawful Position 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
R v Wildbore (giving)
A passive custodian who relinquishes custody of a drug to meet the needs of another, has the necessary intent for supply
Selling
A sale occurs when a quantity or share in a drug is exchanged for some valuable consideration
Administering (black law dictionary)
In the context of drug dealing the appropriate meaning of administer is to direct and cause a drug to be taken into the system of another person
Injecting a person with heroin, causing a person to consume a date rape drug by slipping into the drink without their knowledge
What two elements must be proven for offer to supply or administer?
The communication of an offer to supply or administer a controlled drug (actually Reus)
An intention that the other person believes the offer to be genuine (mens rea) 
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 ( 4 examples of guilt)
- 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 (offer)
The making of such an intimation, with the intention that it should be understood as a genuine offer, is an offence
Otherwise deals (Hooper and Another)
In terms of otherwise dealing the example which readily comes to mind is barter or exchange
Section 6(1)(d) MODA 1975
Supplies, administers or offers to supply or administer to persons under 18 years
Supply or administer or offer to supply or administer
Any Class C controlled drug
to a person under 18 years of age
R v Forrest and Forrest
The best evidence possible in the circumstances should be induced by the prosecution in proof of the victims age
Section 6(1)(e) MODA 1975
Sell, or offer to sell, any class C controlled drug to person of or over 18 years
Sell or offer to sell
Any class C controlled drug
To a person of or over 18 years of age
Section 6(5) MODA 1975
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
Section 6(1)(f) MODA 1975
Possession of controlled drugs for supply
Have any controlled drug
in his possession
for any of the purposes Set out in paragraphs (c), (d) or (e) of this subsection
What are the two elements of possession?
Physical element
- actual custody or control
- potential custody or control
Mental element
- knowledge - of possession and knowledge it is a controlled drug
- intention - willingness to possess
R v Cox
Position 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
Sec 2 MODA 1975
Potential possession
The things which a person has in his possession include anything subject to his control which is in the custody of another
Eg storing drugs at a friends house
Joint possession
Where more than one person has access to drugs of saleable quantity, they may be charged jointly with possession. You must prove that there was a shared intention to sell the drugs
What must be proven for possession in drug cases
- knowledge that the drug exists
- Knowledge that it is a controlled drug
- Actual physical control or some degree of control over it
- And intention to possess it
What are the two elements of intent?
Deliberate Act
Intent means that act or omission must be done deliberately.
Intent to produce specific result
Aim, object purpose
R v Collister
Intent could be inferred from the circumstances
Circumstantial evidence from which and offenders intent may be inferred
- Admissions
- Circumstantial evidence (packaging, scales, tick lists)
- The statutory presumption under section 6(6)
Section 6(6) MODA 1975
Dealing with controlled drugs
A person is presumed to be in possession of a controlled drug in 6(1)(c), 6(1)(d) or 6(1)(e) If he or she is in possession of the controlled drug in an amount, level, or quantity at or over which the drug is presumed to be for supply 2(1A)
Schedule 5 MODA 1975 - give examples
Heroin 0.5 g
Cocaine 0.5 g
LSD 2.5mg or 25 flakes, tablets
Meth. 5 g
MDMA 5 g or 100 flakes, tablets
Cannabis Resin/ oil 5 g
Cannabis plant 28 g or 100 or more cigarettes
Section 6(2A) MODA 1975
Conspiring to deal with controlled drugs
Every person who conspires with any other person
To commit an offence against subsection (1) of this section
Commits an offence against this act and is liable on conviction to imprisonment for a term
(a) 14 years Class A
(b) 10 years Class B
(c) 7 years any other case
Section 12A(1) MODA 1975
Supplies Equipment/precursors etc
Every person commits an offence against this act who supplies produces or manufactures
(a) Any equipment or material that is capable of being used in, or four, the commission of an offence against section 6(1)(b) or section 9 or 
(b) Any pre-curses substance
Knowing that the equipment material or substance is to be used in, or four, the commission of an offence against those provisions
Section 12A(2) MODA 1975
Every person commits an offence against this act who has in his or her possession
(a) Any equipment or material that is capable of being used in, or four, the commission of an offence against section 6(1)(b) or section 9, or
(b) Any precursor substance
With the intention that the equipment material or substance is to be used in, or four, the commission of an offence against that provision
3 term of imprisonment
(A) subsection 1 7 years
(B) subsection 2 5 years
Equipment
Implements, apparatus and other hardware used in the manufacturing producing or cultivating process
Glassware, condenses, heating mantals, Pots, lights, timers, water pumps
Material
Anything used in the process of producing manufacturing or cultivating that is not equipment
Documents providing instructions, fertilisers, nutrients
Section 2 MODA 1975
Precursor Substance
Means any substance specified or described in part one or part two or part three of schedule for
Examples; ephedrine/pseudo ephedrine (meth) lysergic acid (LSD) acetic anhydride (heroine)
Section 6(1)(a) MODA 1975
Imports into or exports from New Zealand
- Import into or export from New Zealand
- Any controlled drug
- Other than a controlled drug specified or described in part 6 of schedule 3 to this act
Section 5(a) Customs and Excise Act 2018 Importation
In relation to any goods, 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 from abroad or to cause to be brought in from a foreign country
When does criminal liability arise in the importing process?
Criminal liability arises as soon as the drugs cross New Zealand border.
However the offence does not end at the border the process of importation continues while the goods are in transit and only concludes when they have reached the final destination and are available to the consignee.
R v Hancox
Importing into New Zealand is a process it exists from the time the goods enter into New Zealand until they reach their immediate destination for example when they have become available to the consignee. 
What must the crown prove in Mens area of importing
- Knew about the importation and
- Knew the imported substance was a controlled drug and
- Intended to cause the importation
Wilful blindness
R v Martin
‘The fault lies in the deliberate failure to enquire when the accused knows there is a reason for inquiry’
Proof that the defendant deliberately turned a blind eye to the facts will suffice
Section 5(a) Customs and Excise Act 218 New Zealand
Means the land and the waters enclosed by the outer limits of the territorial sea of New Zealand.
The outer limit is 12 nautical miles from the landmass of New Zealand
Section 2 MODA 1975
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. 
Section 2 MODA 1975
Controlled Drug Analogue
Means any substance, such as the substances specified or described in part 7 of schedule 3 to this act, that has a structure substantially similar to that of any controlled drug; but does not include
(a) Any substance specified or described in schedule 1 or schedule 2 or parts 1-6 of schedule 3 to this act; or
(b) Any pharmacy only medicine or prescription medicine or restricted medicine within the meaning of the medicines act 1981; or
(c) An approved product within the meaning of the psychoactive substances act 2013.

What class are controlled drug analogues classified as?
Class C controlled drugs irrespective of the class of drug they resemble
Section 2 MODA 1975
CLass A Controlled Drug
Class A controlled drug means the controlled drug specified or described in schedule 1 to this act.
Cocaine, heroine, LSD, methamphetamine, Psilyocybine
Section 2 MODA 1975
Class B Controlled Drug
Class B controlled drug means the controlled drug specified or described in schedule 2 to this act.
Amphetamine, cannabis preparations, GHB, MDMA, morphine, Opium, pseudoephedrine, ephedrine
Section 2 MODA 1975
Class C controlled drug
Class C controlled drug means the controlled drugs specified or describe in schedule 3 to this act And includes any controlled drug analogue.
Cannabis plant, cannabis seeds, benzylpiperazine (BZP), Controlled drug analogues
R v Strawbridge
Guilty knowledge
It is not necessary for the crown to establish knowledge on the part of the accused. In the absence of evidence, knowledge on her part will be presumed, but if there is some evidence that she honestly believed her act was innocent she is entitled to be acquitted
Police v Emirali
The serious offence of possessing a narcotic does not extend to some minute and useless residue of the substance
Section 6(1)(b) MODA 1975
Produces or manufactures a controlled drug
Produce or manufacture
any controlled drug
R v Rua
The words produce or manufacture in section 61B broadly cover the creation of controlled drugs by some form of process which changes the original substances into a particular controlled drug
Produce
To bring Something into being, or to bring something into existence from its raw materials or elements
Sec 2 MODA 1975
Produce
Produce includes compound; and production has a corresponding meaning
Manufacturing
Manufacturing is the process of synthesis; combining components or processing raw materials to create a new substance
Example – manufacturing methamphetamine from pseudoephedrine or manufacturing heroine from morphine
When is the offence or produce or manufacture complete?
Once the prohibited substance is created, whether or not it is in a usable form
