Drug Offences Flashcards
Whats the defination for “Imports”, importation
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
Whats the defination of “Exports”, exportation
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.
Discuss case law
“R v Strawbridge”
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.
Discuss the caselaw Police v Emerali
In relation to useable amount.
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”.
Whats the Defination of a “controlled drug”
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.
Produce or Manufacture Any Controlled Drug
Scetion, act, imprisonment
ingredients
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
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
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
Whats the defination of “produce”
Produce
To “produce” means to bring something into being, or to bring something into existence from its raw materials or elements.
Whats the defination of “Manufacture”
Manufacture
Manufacturing is the process of synthesis; combining components or processing raw materials to create a new substance.
Discuss the Case law “R v Rua” for produce or manufacture
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.
Definition for “complete” in Produce or Manufacture
Complete:
The offence is complete once the prohibited substance is created, whether or not it is in a useable form.
Discuss how to “prove guilty knowledge”
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
Supply/Administer/Offer to Supply or Administer Class A or B Controlled
Drug
section, act, imprisonment
ingredients
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
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
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
Whats the defination and section for “supply”
Supply
Sec. 2, Misuse of Drugs Act 1975
Includes to distribute, give or sell.
Discuss the Case law “R v Maginnis” in relation to supply
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 …”
Whats the Defination for “Administers” and where does it comes from
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.
What is the case law definations for “offers to supply
and offering to supply”
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
explain “proving guilty knowledge” in drugs supply/administering.
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
Definition, section and Act, of a “Class A Controlled Drug”
Class A Controlled Drug
Sec. 2, Misuse of Drugs Act 1975
Means any controlled drugs specified or described in Schedule 1 to this Act.
Definition, Section and Act of a “Class B Controlled Drug”
Class B Controlled Drug -
Sec. 2, Misuse of Drugs Act 1975
Means any controlled drugs specified or described in Schedule 2 to this Act.
Definition, Section and Act of “Controlled drug”
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.
Supply/Administer/Offer Class C Controlled Drug to persons Under 18 years
of age
section, act, imprisonment
ingredients
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
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
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
Defination, Section and Act “Class C Controlled Drug”
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.
Sells or offers to sell Class C Controlled Drug to persons of or over 18
years of age
Section, Act, imprisonment
Ingredients
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
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
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
Defination of “Sell”
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
Defination, Section and Act of “Dealing with controlled Drugs”
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.
Defination of “Offering to Sell”
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)
Defination and case law for proving age
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.
Possession a Controlled Drug for Supply/ Administer/ Sell/ Offer
Section, Act, Imprisonment
Ingredients
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)
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
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
Defination of Possession (misuse of drugs act)
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.
Define Actual and ideal possession
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
Define Constructive Possession
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.
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)
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;
Defination, Section And Act for “Dealing with controlled drugs - Presumption”
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)).
