Drug Offences Flashcards
Define Section 6(1)(b) of the Misuse of Drugs Act 1975 and the penalty?
Produce or manufacture any controlled drug.
Life imprisonment / 14 yrs imprisonment / 8 yrs imprisonment
Define Section 6(1)(c) of the Misuse of Drugs Act 1975 and the penalty?
Supplies or administers, or offers to supply or administer, or otherwise deals in any Class A or B controlled drug to any person.
Life imprisonment / 14 yrs imprisonment
Define Section 6(1)(d) of the Misuse of Drugs Act 1975 and the penalty?
Supplies or administers, or offers to supply or administer, or otherwise deals in any Class C controlled drug to any person under the age of 18 years.
8 years imprisonment
Define Section 6(1)(e) of the Misuse of Drugs Act 1975 and the penalty?
Sell or offer to sell Class C controlled drug to a person of or over the age of 18 years.
8 years imprisonment
Define Section 6(1)(f) of the Misuse of Drugs Act 1975 and the penalty?
Has in his possession any controlled drug for any of the purposes set out in (c), (d), or (e).
Life imprisonment / 14 yrs / 8 yrs
Define Section 6(1)(a) of the Misuse of Drugs Act 1975 and the penalty?
Imports into or exports from New Zealand any controlled drug.
Life imprisonment.
Define “Imports s.2, Customs and Excise Act 96”
Means the arrival of the goods in NZ in any manner
Whether lawfully or unlawfully
From a point outside NZ
Define “Exports s.53 Customs and Excise Act 96”
The time 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 of NZ
Define “Useable amount” and state the case law
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 substance” Police v Emerali
Define “Controlled drug s.2 Misuse of Drugs Act 75”
Means any substance, preparation, mixture, or article specified or described in Schedule 1, 2, or 3 of this Act and includes the controlled drug analogue
What is the case law for “Imports”
Saxton v Police
To import includes “to introduce from abroad or to cause to be brought in from a foreign country
In relation to “guilty knowledge” what must be proved?
- KNEW about it (must state the action being done eg. Importing/manufacturing/offering/possession etc
- KNEW that his/her actions were were to do with a controlled drug
- INTENDED to do their actions
Define “Produce”
To bring something into being, or to bring something into existence from its raw materials or elements
Define “Manufacture”
Manufacturing is the process of synthesis;
Combining components of processing raw materials to create a new substance
Define “Supply s.2, MODA 75”
To distribute, give or sell
What is the case law for supply?
R v Maginnis
More than a mere transfer of physical control
Enabling the recipient to apply the thing to purpose for which he desires
Define “Administers - Black Laws Dictionary”
To direct and cause a drug to be taken into the systems of another person
What is the case law for “Offering to supply”
R v Brown
- offers to supply a drug that he has on hand
- offers to supply a drug that we be procured at some future date
- offers to supply a drug that he mistakenly believes he can supply
- offers to supply a drug deceitfully, know he will not supply
Define “Offers - Oxfords Dictionary”
Express readiness to do something for or on behalf of someone
What is a Class A Controlled Drug - s.2, MODA 75
Any controlled drugs specified or described in Schedule 1 to this Act
What is a Class B Controlled Drug - s.2, MODA 75
Any controlled drug specified or described in Schedule 2 of this Act
Define “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
Prosecution must prove two elements in “Offers to sell”
- The communicating of an offer to sell a controlled drug AND
- an intention that the other person believes the offer to be genuine
