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CIB induction May 2016 > Drug Offences > Flashcards

Drug Offences Flashcards

1
Q

Whats the defination for “Imports”, importation

A

Imports

Importation

Sec. 2 Customs and Excise Act 1996

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

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2
Q

Whats the defination of “Exports”, exportation

A

Exports

Time of exportation

Sec. 53 Customs and Excise Act 1996

For the purposes of this Act, the time of exportation is the time when the exporting craft leaves the last Customs place at which that craft calls immediately before proceeding to a point outside New Zealand.

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3
Q

Discuss case law

“R v Strawbridge”

A

R v Strawbridge

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 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.

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4
Q

Discuss the caselaw Police v Emerali

In relation to useable amount.

A

Useable Amount

Police v Emerali

In any drug offence the quantity of drug involved must be measurable and useable. “…the serious offence of … possessing a narcotic does not extend to some minute and useless residue of the substance”.

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5
Q

Whats the Defination of a “controlled drug”

A

Controlled drug -

Sec. 2, Misuse of Drugs Act 1975

(S.P.A.M)

Means any Substance, Preparation, Mixture or Article specified or described in Schedule 1, Schedule 2, or Schedule 3 of this Act and includes any controlled drug analogue.

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6
Q

Produce or Manufacture Any Controlled Drug

Scetion, act, imprisonment

ingredients

A

Produce or Manufacture Any Controlled Drug

Section 6(1)(b), Misuse Of Drugs Act 1975 years

Life Imprisonment / 14 Yrs Imprisonment / 8 yrs Imprisonment

ingrediants

Produce or Manufacture

Any Controlled drug

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7
Q

Produce or Manufacture Any Controlled Drug

Section 6(1)(b), Misuse Of Drugs Act 1975 years

Life Imprisonment / 14 Yrs Imprisonment / 8 yrs Imprisonment

List the Ingredients along with titles of definitions and case law

A

Produce or Manufacture Any Controlled Drug

Section 6(1)(b), Misuse Of Drugs Act 1975 years

Life Imprisonment / 14 Yrs Imprisonment / 8 yrs Imprisonment

ingrediants

Produce or Manufacture

Produce

Manufacture

R v Rua

Offence Complete

R v Strawbridge

Police v Emerali

Any Controlled drug

Controlled drug - S.2 Misuse of drugs act 1961

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8
Q

Whats the defination of “produce”

A

Produce

To “produce” means to bring something into being, or to bring something into existence from its raw materials or elements.

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9
Q

Whats the defination of “Manufacture”

A

Manufacture

Manufacturing is the process of synthesis; combining components or processing raw materials to create a new substance.

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10
Q

Discuss the Case law “R v Rua” for produce or manufacture

A

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.

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11
Q

Definition for “complete” in Produce or Manufacture

A

Complete:

The offence is complete once the prohibited substance is created, whether or not it is in a useable form.

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12
Q

Discuss how to “prove guilty knowledge”

A

Must prove guilty knowledge:

This will involve proof that the defendant:

  • knew about the produce/ manufacturing, and
  • knew the produce/ manufacturing, substance was a controlled drug, and
  • intended to cause the produce/ manufacturing
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13
Q

Supply/Administer/Offer to Supply or Administer Class A or B Controlled

Drug

section, act, imprisonment

ingredients

A

Supply/Administer/Offer to Supply or Administer Class A or B Controlled

Drug

Section 6(1)(c), Misuse Of Drugs Act 1975,

Life Imprisonment / 14 Yrs imprisonment

Ingredients

Supplies

Or

Administers

Or

Offers to Supply

Or

Administer

Or

Otherwise deals in

Class A or B

Controlled drug

To any person

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14
Q

Supply/Administer/Offer to Supply or Administer Class A or B Controlled

Drug

Section 6(1)(c), Misuse Of Drugs Act 1975,

Life Imprisonment / 14 Yrs imprisonment

List the Ingredients along with titles of definitions and case law

A

Supply/Administer/Offer to Supply or Administer Class A or B Controlled

Drug

Section 6(1)(c), Misuse Of Drugs Act 1975,

Life Imprisonment / 14 Yrs imprisonment

Ingredients

Supplies

Supply

R v Maginnis

Or

Administers

Administers - Blacks Law Dictionary

Or

Offers to Supply

Offers to supply - R v During

Offering to supply - R v Brown

Supply - S.2 Misuse of drugs Act 1975

Or

Administer (No liability for offers to administer)

Or

Otherwise deals in

Otherwise deals in.

Must prove guilty knowledge

Police v Emerali

R v Strawbridge.

Class A or B Controlled drug

Class A Controlled Drug - S.2 Misuse of drugs act 1961

Class B controlled Drug - S.2 misuse of drugs act 1961

Controlled Drug - S.2 Misuse of drugs act 1961

To any person

Person

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15
Q

Whats the defination and section for “supply”

A

Supply

Sec. 2, Misuse of Drugs Act 1975

Includes to distribute, give or sell.

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16
Q

Discuss the Case law “R v Maginnis” in relation to supply

A

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 …”

17
Q

Whats the Defination for “Administers” and where does it comes from

A

Administers

Black’s 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.

18
Q

What is the case law definations for “offers to supply

and offering to supply”

A

Offers to supply

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”.

Offering to supply:

R v Brown

  • 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
19
Q

explain “proving guilty knowledge” in drugs supply/administering.

A

Must prove Guilty Knowledge:

This will involve proof that the defendant:

  • knew about the supply/ administering/ offer, and
  • knew the supply/ administering/ offer substance was a controlled drug, and
  • intended to cause the supply/ administering/ offer
20
Q

Definition, section and Act, of a “Class A Controlled Drug”

A

Class A Controlled Drug

Sec. 2, Misuse of Drugs Act 1975

Means any controlled drugs specified or described in Schedule 1 to this Act.

21
Q

Definition, Section and Act of a “Class B Controlled Drug”

A

Class B Controlled Drug -

Sec. 2, Misuse of Drugs Act 1975

Means any controlled drugs specified or described in Schedule 2 to this Act.

22
Q

Definition, Section and Act of “Controlled drug”

A

Controlled drug -

Sec. 2, Misuse of Drugs Act 1975

(S.P.A.M.)

Means any Substance, Preparation, Mixture or Article specified or described in Schedule 1, Schedule 2, or Schedule 3 of this Act and includes any controlled drug analogue.

23
Q

Supply/Administer/Offer Class C Controlled Drug to persons Under 18 years

of age

section, act, imprisonment

ingredients

A

Supply/Administer/Offer Class C Controlled Drug to persons Under 18 years

of age

Section 6(1)(d), Misuse Of Drugs Act 1975,

8 Years imprisonment

Ingredients

Supplies

or

Administers

Or

Offers to Supply

Or

Administer

Or

Otherwise deals in

Class C Controlled drug

To any person under the age of 18 years old

24
Q

Supply/Administer/Offer Class C Controlled Drug to persons Under 18 years

of age

Section 6(1)(d), Misuse Of Drugs Act 1975,

8 Years imprisonment

List the Ingredients along with titles of definitions and case law

A

Supply/Administer/Offer Class C Controlled Drug to persons Under 18 years

of age

Section 6(1)(d), Misuse Of Drugs Act 1975,

8 Years imprisonment

Ingredients

Supplies

Supply - S.2 Miseuse of drugs act 1975

R v Maginnis

or

Administers

Administers - Blacks law dictionary

Or

Offers to Supply

Offers to supply - R v During

Offering to supply - R v Brown

Supply - S.2 Misuse of drugs act 1975

Or

Administer ( not a liability)

Or

Otherwise deals in (unlikely to be a liability)

Must prove guilty knowledge

Police v Emerali

R v Strawbridge

Class C Controlled drug

Class C controlled drug - S.2 Miseuse of drugs act 1975

Controlled drug - S.2 Misuse of drugs act

To any person under the age of 18 years old

Person

Proving age - R v Forrest and Forrest

25
Q

Defination, Section and Act “Class C Controlled Drug”

A

Class C Controlled Drug -

Sec. 2, Misuse of Drugs Act 1975

Means the controlled drugs specified or described in Schedule 3 to this Act, and includes any controlled drug analogue.

26
Q

Sells or offers to sell Class C Controlled Drug to persons of or over 18

years of age

Section, Act, imprisonment

Ingredients

A

Sells or offers to sell Class C Controlled Drug to persons of or over 18

years of age

Section 6(1)(e), Misuse Of Drugs Act 1975

8 Years imprisonment

Ingrendients

Sell

OR

Offers to sell

Class C Controlled drug

To any person of or over the age of 18 years old

27
Q

Sells or offers to sell Class C Controlled Drug to persons of or over 18

years of age

Section 6(1)(e), Misuse Of Drugs Act 1975

8 Years imprisonment

List the Ingredients along with titles of definitions and case law

A

Sells or offers to sell Class C Controlled Drug to persons of or over 18

years of age

Section 6(1)(e), Misuse Of Drugs Act 1975

8 Years imprisonment

Ingrendients

Sell

Sell

Dealing with controlled drugs - S.6(5) Misuse of Drugs act 1975

OR

Offers to sell

Offers to sell

Offers to supply - R v During

Offering to supply - R v Brown

Must prove guilty knowledge

Police v Emerali

R v Strawbridge

Class C Controlled drug

Class C controlled Drug - S.2 Misuse of drugs act 1975

Controlled drug - S.2 misuse of drugs act 1975

To any person of or over the age of 18 years old

Person

Proving Age - R v Forrest and Forrest

28
Q

Defination of “Sell”

A

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

29
Q

Defination, Section and Act of “Dealing with controlled Drugs”

A

Dealing with Controlled Drugs

Section 6 (5) Misuse of Drugs Act 1975

For the purposes of paragraph (e) of subsection (1) of this section, 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.

30
Q

Defination of “Offering to Sell”

A

Offers to Sell

The prosecution must prove two elements:

− the communicating of an offer to sell a controlled drug (the actus reus) and

− an intention that the other person believes the offer to be genuine (the mens rea)

31
Q

Defination and case law for proving age

A

Proving 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”.

In practice this generally involves producing the victim’s birth certificate in conjunction with independent evidence that identifies the victim as the person named in the certificate.

32
Q

Possession a Controlled Drug for Supply/ Administer/ Sell/ Offer

Section, Act, Imprisonment

Ingredients

A

Possession a Controlled Drug for Supply/ Administer/ Sell/ Offer

Section 6(1)(f), Misuse Of Drugs Act 1975

Life/ 14 Years/ 8 Years

Ingredients

Has in his possession

Any Controlled Drug

For the purposes set out in paragraph (c), (d) or (e)

33
Q

Possession a Controlled Drug for Supply/ Administer/ Sell/ Offer

Section 6(1)(f), Misuse Of Drugs Act 1975

Life/ 14 Years/ 8 Years

List the Ingredients along with titles of definitions and case law

A

Possession a Controlled Drug for Supply/ Administer/ Sell/ Offer

Section 6(1)(f), Misuse Of Drugs Act 1975

Life/ 14 Years/ 8 Years

Ingredients

Has in his possession

Possession S.2(2) Misuse of drugs act 1975

Actual Possession

Ideal Possession (Actual) Warner V Metropolitan Police Commissioner

Construtive possession

Any Controlled Drug

Controlled drug - S.2 misuse of drugs act 1975

For the purposes set out in paragraph (c), (d) or (e)

(Class A or B) Ingredients of - S.6(1)(c) Misuse of drugs act 1975

(Supply Class C under 18yrs age) S.6(1)(d) Misuse of drugs act 1975

(Sell Class C over 18 yrs) S.6(1)(e) Misuse of drugs act 1975

Police v Emerali

R v Strawbridge

Dealing with controlled drugs - Presumption - S.6 Misuse of drugs act 1975

34
Q

Defination of Possession (misuse of drugs act)

A

Possession may be actual or constructive

Possession -Sec. 2(2), Misuse of Drugs Act 1975

For the purposes of this Act, the things which a person has in his possession include any thing subject to his control which is in the custody of another.

35
Q

Define Actual and ideal possession

A

Actual Possession

Actual possession arises where the thing in question is in a person’s physical custody; it is on or about their person, or immediately at hand.

Ideal Possession: (Actual)

Warner v Metropolitan Police Commissioner

The term “possession” must be given a sensible and reasonable meaning in its context. Ideally, a possessor of a thing has:

  • Complete physical control over it
  • Knowledge of its existence, its situation and its qualities
36
Q

Define Constructive Possession

A

Constructive Possession

Constructive possession arises when something is not in a person’s physical custody, but they have ready access to it or can exercise control over it.

37
Q

In relation to Possession a Controlled Drug for Supply/ A dminister/ Sell/ Offer

Section 6(1)(f)

Explain the ingredient

purposes set out in paras (c), (d) or (e)

A

Sec. 6(1)(c), Misuse of Drugs Act 1975

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;

Sec. 6(1)(d), Misuse of Drugs Act 1975

Supply or administer, or offer to supply or administer, any Class C controlled drug to a person under 18 years of age;

Sec. 6(1)(e), Misuse of Drugs Act 1975

Sell, or offer to sell, any Class C controlled drug to a person of or over 18 years of age;

38
Q

Defination, Section And Act for “Dealing with controlled drugs - Presumption”

A

Dealing with controlled drugs - Presumption

Sec. 6 Misuse of Drugs Act 1975

For the purposes of subsection (1)(f), a person is presumed until the contrary is proved to be in possession of a controlled drug for any of the purposes in subsection (1)(c), (d), or (e) if he or she is in possession of the controlled drug in an amount, level, or quantity at or over which the controlled drug is presumed to be for supply (see section 2(1A)).

CIB induction May 2016 (12 decks)

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