Drug offences Flashcards
Imports
Means the arrival of the goods in New Zealand in any manner, whether lawfully or unlawfully, from a point outside NZ
Sec. 2 Customs an Excise Act 1996
Exports
Time of exportation
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
Sec. 53 Customs and Excise Act 1996
The Crown must prove not only that the defendant’s conduct in some way contributed to the actual importation of the drug, it must also prove the defendant’s guilty knowledge.
This will involve proof that the defendant:
(2 points)
Knew about the importation
AND
Knew the imported substance was a controlled drug, and intended to cause the importation
R V STRAWBRIDGE
Not up to the Crown to establish guilty knowledge. It’s up to the accused to prove innocence on reasonable grounds. If there is evidence that the accused believed the act was innocent, can be acquitted
POLICE V EMERALI
Possessing a narcotic does not extend to some minute and useless residue of the substance. Should be of a use able quality
Controlled drug
Means any substance, preparation, mixture or article specified or described in Schedule 1, 2 or 3 of this Act and includes any controlled drug analogue
Produce
To “produce” means to bring something into being, or to bring something into existence from it’s raw material or elements.
Manufacture
The process of synthesis; combining components or processing raw materials to create a new substabce
R V RUA
“Produce” or “Manufacture” cover the creation of controlled drugs by some form of process which changes the original substances into a particular controlled drug
Supply
Includes to distribute, give or sell
Sec.2, Misuse of Drugs Act 1975
Administers
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
Offers to Supply
R V DURING
Intention by the offender that he is ready, on request, to supply illicit drugs to another.
R V BROWN
Offers to supply
Th offence exists when the offer is made with the intention that it should be understood as a genuine offer.
Otherwise deals in
The term “otherwise deals: is aimed at dealing in a drug by some mean other than by distributing, giving or selling it, administering it or offering to supply or administer
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
In the definition of ‘offers to administer’, is it necessary to show the person making the offer to supply actually intended to supply the drug?
No
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.
Dealing with controlled drugs
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 the other person.
Offers to sell
The prosecution must prove two elements. What are they?
- 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)
Offer to supply
R V BROWN
- Offers to sell 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
What does constructive mean?
Constructive possession is a legal fiction to describe a situation where an individual has actual control over chattels or real property without actually having physical control of the same assets. At law, a person with constructive possession stands in the same legal position as a person with actual possession.
“Has in his possession”
Possession can be actual or constructive
True or False
True
Dealing with controlled drugs - presumption
If a person is in possession of above x amount,
the controlled drugs is presumed to be for supply
Import/export controlled drug
Section 6(1)(a), Misuse of Drugs Act 1975
Imports into OR exports from NZ
any controlled drug
Produce or manufacture any controlled drug
Section 6(1)(b) MODA
Produce or manufacture
any controlled drug
Supply/administer/offer to supply or administer class A or B controlled drug
Section 6(1)(c) MODA
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 class C controlled drug to persons under 18 years of Age
Section 6(1)(d) MODA
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
Sells or offers to sell Class C controlled drug to persons of or over 18 years of age
Section 6(1)(e) MODA
Sells OR offers to sell
Possession of a controlled drug for supply/administer/sell/offer
Section 6(1)(f), MODA
Has in his possession
any controlled drug
For any of the purposes set out in paras c) d) e)
