DRUG OFFENCES

Question 1

Criminal liability
Import export control drug
Section 6 (1) (A) misuse of drugs act 1975
Life Imprisonment

Answer 1

1.imports into
Or exports from New Zealand
2.any controlled drug

Question 2

Produce or manufacture any controlled drug
Section 6 (1) (B)
Misuse of drugs act 1975
Life imprisonment /14 years/8 years

Answer 2

1. produce or manufacture

2. any controlled drug

Question 3

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 years

Answer 3

1.supplies or administers or offers to supply or administer or otherwise deal in
2.class A or B controlled drug
3 to any person

Question 4

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

Answer 4

1. supplies or administers or offers to supply or administer or otherwise deals in
2. class C controlled drug
3. to any person under the age of 18 years old

Question 5

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

Answer 5

1. sells or offers to sell
2. class C controlled drug
3. to any person of or over the age of 18 years old

Question 6

Possession of a controlled drug for supply/administer/sell/offer
Section 6 (1) (F), misuse of drugs act 1975
Life/14 years/8 years

Answer 6

1. possession of
2. any controlled drug
3. for any of the purposes set out in paragraph C, D or E

Question 7

Imports
Importation
Section 2 customs and excise act 1996

Answer 7

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.

Question 8

Exports
Time of exportation
Section 53 customs and excise act 1996

Answer 8

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

Question 9

Case law
To import
Saxton v Police

Answer 9

To import includes “to introduce from abroad or to cause to be brought in from a foreign country.

Question 10

Caselaw

R v Hancox

Answer 10

The element of importing exists from the time the goods enter New Zealand until they reach the immediate destination (i.e.) when they have ceased to be under the control of the appropriate authorities and have become available to the consignee or addressee.

Question 11

Proofing the defendants guilty knowledge in drugs matters(importation)

Answer 11

This Will involve proof that the defendant

• Knew about the importation and
• Knew the imported substance was a controlled drug, and intended to cause the importation

Question 12

Proofing guilty knowledge
Case law
R v Strawbridge

Answer 12

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.

Question 13

Usable amount
Caselaw
P v Emerali

Answer 13

The serious offence of possessing and a narcotic does not extend to some minute and useless residue of the substance. This means in any drug offence the quality of drug involved must be measurable and usable.

Question 14

Define controlled drug

Answer 14

Means any substance, preparation, mixture or article specified or described in schedule one, schedule two, or schedule three of the act and includes in a controlled drug analogue.
Section 2, misuse of drugs act 1975.

Question 15

Define produce

Answer 15

To produce means to bring something into being, or to bring something into existence from its raw material or elements. Example of this is cannabis oil which is made from a Natural material

Question 16

Define manufacture.

Answer 16

Manufacturing is the process of synthesis, combining components or processing raw materials to create a new substance. And example of this is Meth which is man-made.

Question 17

In producing or manufacturing a controlled drug when is the offence complete?

Answer 17

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

Question 18

Caselaw
To produce or manufacturing
R v Rua

Answer 18

The word produce or manufacture in section 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.

Question 19

Define supply

Answer 19

Supply includes to distribute, give or sell.

Section 2, misuse of drugs act 1975

Question 20

Caselaw
Supply
R v Maginnis

Answer 20

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.

Question 21

Offering to supply includes what?

Answer 21

• 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 drugs that he mistakenly believes he can supply
• Offers to supply a drug safely, knowing he will not supply the drug

Question 22

Caselaw
Offers to supply
R v During

Answer 22

And 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.

Question 23

Define administer in drug dealing

Answer 23

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.

Question 24

Define class A controlled drug

Answer 24

Means any controlled drug specified or described in schedule 1 to this act
Section 2, misuse of drugs act 1975

Question 25

Define class B controlled drug

Answer 25

Means any controlled drug specified or described in schedule 2 to this act
Section 2 misuse of drugs act 1975

Question 26

Define offers to administer

Answer 26

It is not necessary to show the person making the offer to supply actually intended to supply the drug.

Question 27

Define class C controlled drug

Answer 27

Means the controlled drugs specified or described in schedule 3 to this act and includes any controlled drug analogue
Section 2 misuse of drugs act 1975

Question 28

Case law
Proving age,
R v Forest and forest

Answer 28

The best evidence of possible in the circumstances should be adduced by the prosecution in proof of the victims age.

(In practice this generally involves producing the victims birth certificate in conjunction with independent evidence that identifies the victim as a person named in the certificate)

Question 29

Define sell

Answer 29

A sale occurs when a quantity or share in a drug is exchanged for some valuable consideration. Commonly This will be money, but anything of value will suffice.

Question 30

offers to sell

What does prosecution need to prove?

Answer 30

The prosecution must prove to elements

(1) the communicating of an offer to sell a controlled drug the actus reus
(2) an intention that the other person believes the offer to be genuine the mens rea.

Question 31

Define actual possession

Answer 31

A p a when t t in q is in a p p c. It is on o a t p or I a h.

Question 32

Caselaw
Ideal possession
Warner v M P C

Answer 32

The t p m b g a s and r m in its c. I a p of a t, must have
C p c o I
K o I e, it’s s and its q.

Question 33

Define possession 
Section 2 (2), misuse of drugs act 1975

Answer 33

For the purposes of this act, the thing which a person has in his possession includes anything subject to his control which is in the custody of another.
Section 2 (2), misuse of drugs act 1975

Question 34

Define

Otherwise deals in

Answer 34

The term otherwise deals in paragraph 3 is aimed at dealing in a drug by some means other than by distributing, giving or selling it, and administering it or offering to supply or administer it.

Question 35

R v Mohan

Answer 35

I Involves a d t b a, in so f a it l w the a p, the c of the o.

Question 36

R v Waaka

Answer 36

A f or p t is n s. There m b a f I or a f p to e an a.

Question 37

Caselaw
Constructive possession
Sullivan v Earl of Caithness

Answer 37

Possession includes not merely those who have physical custody of firearms but also those who have firearms under control at their best though for one reason or another they may be kept at another location.