Drug offences

Question 1

Imports

Answer 1

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

Question 2

Exports

Answer 2

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

Question 3

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)

Answer 3

Knew about the importation

AND

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

Question 4

R V STRAWBRIDGE

Answer 4

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

Question 5

POLICE V EMERALI

Answer 5

Possessing a narcotic does not extend to some minute and useless residue of the substance. Should be of a use able quality

Question 6

Controlled drug

Answer 6

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

Question 7

Produce

Answer 7

To “produce” means to bring something into being, or to bring something into existence from it’s raw material or elements.

Question 8

Manufacture

Answer 8

The process of synthesis; combining components or processing raw materials to create a new substabce

Question 9

R V RUA

Answer 9

“Produce” or “Manufacture” cover the creation of controlled drugs by some form of process which changes the original substances into a particular controlled drug

Question 10

Supply

Answer 10

Includes to distribute, give or sell

Sec.2, Misuse of Drugs Act 1975

Question 11

Administers

Answer 11

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 12

Offers to Supply

R V DURING

Answer 12

Intention by the offender that he is ready, on request, to supply illicit drugs to another.

Question 13

R V BROWN

Offers to supply

Answer 13

Th offence exists when the offer is made with the intention that it should be understood as a genuine offer.

Question 14

Otherwise deals in

Answer 14

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

Question 15

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?

Answer 15

No

Question 16

Sell

Answer 16

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.

Question 17

Dealing with controlled drugs

Answer 17

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.

Question 18

Offers to sell

The prosecution must prove two elements. What are they?

Answer 18

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

Question 19

Offer to supply

R V BROWN

Answer 19

• 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

Question 20

What does constructive mean?

Answer 20

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.

Question 21

“Has in his possession”

Possession can be actual or constructive

True or False

Answer 21

True

Question 22

Dealing with controlled drugs - presumption

Answer 22

If a person is in possession of above x amount,

the controlled drugs is presumed to be for supply

Question 23

Import/export controlled drug

Section 6(1)(a), Misuse of Drugs Act 1975

Answer 23

Imports into OR exports from NZ

any controlled drug

Question 24

Produce or manufacture any controlled drug

Section 6(1)(b) MODA

Answer 24

Produce or manufacture

any controlled drug

Question 25

Supply/administer/offer to supply or administer class A or B controlled drug

Section 6(1)(c) MODA

Answer 25

Supplies OR Administers OR Offers to Supply OR Administer OR otherwise deals in

Class A or B controlled drug

To any person

Question 26

Supply/administer/offer class C controlled drug to persons under 18 years of Age

Section 6(1)(d) MODA

Answer 26

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

Question 27

Sells or offers to sell Class C controlled drug to persons of or over 18 years of age

Section 6(1)(e) MODA

Answer 27

Sells OR offers to sell

Question 28

Possession of a controlled drug for supply/administer/sell/offer

Section 6(1)(f), MODA

Answer 28

Has in his possession

any controlled drug

For any of the purposes set out in paras c) d) e)