Drug Offences

Question 1

What is the section, Act and penalty for Import/Export Controlled Drug

Answer 1

Section 6 (1)(a)

Misuse of Drugs Act 1975

Penalty - Life /14/8 years imprisonment

Question 2

What are the elements for Import/Export Controlled Drug s6(1)(a)?

Answer 2

1- Imports OR
Exports

2- Any controlled drug

3- Into NZ OR
Out of NZ

Question 3

What is the section, Act and penalty for Produce/Manufacture Controlled Drug?

Answer 3

Section 6 (1)(b)

MODA 1975

Penalty - Life imprisonment (A)
                 14 years (B)
                 8 years (C)

Question 4

What are the elements for Produce/Manufacture Controlled Drug s6(1)(b)

Answer 4

1- Produce OR
Manufacture

2- Any controlled drug

Question 5

What is the section, Act and penalty for Supply class A or B controlled drug?

Answer 5

Section 6(1)(c)

MODA1975

Penalty - Life imprisonment (A)
                 14 years (B)

Question 6

What are the elements for supply/administer /offer to supply/administer class A or B controlled drug, s6(1)(c)

Answer 6

1- Supplies OR
Administers OR
Offers to supply or administer OR
Otherwise deals

2- Class A or B controlled drug

3- To any person

Question 7

What is the section, Act and penalty for supply Class C drug to persons under 18 years?

Answer 7

Section 6 (1)(d)

MODA 1975

Penalty - 8 years

Question 8

What are the elements for section 6(1)(d)

Answer 8

1- Supplies OR
Administers OR
Offers to supply or Offers to administer OR
Otherwise deals in

2- Class C controlled drug

3- To any person under 18 years of age

Question 9

What is the section, Act and penalty for sells or offers to sell class C controlled Drug to a person of or over 18 years of age?

Answer 9

Section 6(1)(e)

MODA 1975

Penalty - 8 years

Question 10

What are the elements for sells or offers to sell Class C, s6(1)(e)

Answer 10

1- Sells OR
Offers to sell

2- Class C controlled Drug

3- To any person of or over 18 years old

Question 11

What is the section, Act and penalty for Possession of a Controlled drug for supply?

Answer 11

Section 6(1)(f)

MODA 1975

Penalty - Life imprisonment (A)
                 14 years (B)
                  8 years  (C)

Question 12

What are the elements for Possession for Supply, s6 (1)(f)

Answer 12

1- Possession

2- Of Any controlled drug

3- for the purposes of supply set out in paragraphs (c) (d) or (e)

Question 13

Definition of Importation

S53 customs and exercise act 96

Answer 13

Means the arrival of any goods in NZ in any manner whether lawfully or unlawfully from a point outside NZ

Question 14

Definition of Exportation

S53 customs and exercise Act 96

Answer 14

Purpose of the act, the time of Exportation is when the exporting craft leaves the last place at which that craft calls immediately before proceeding to a point outside NZ

Question 15

Wilful blindness

Answer 15

Guilty knowledge proof the defendant deliberately turned a blind eye to the facts.

Rv Martin - it will suffice if the Crown can prove beyond reasonable doubt that the defendant refrained from making inquiries or confirming her suspicion because she wanted to remain ignorance.

Question 16

R V SAXTON

Answer 16

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