Drugs Flashcards
Class A
Cochise Heroin LSD Meth Magic mushrooms
Class B
Amphetamine Cannabis MDMA Morphine Opium
6(1b)
Produce/manufacturing
Any controlled drug
B for bananas and bananas are in the produce section of supermarket
Case law:
RUA
STRAWBRIDGE
EMERALI
6(1c)
Supply or administer or offer to supply or administer or otherwise deal in
A and b
To any other person
C for commoncheros, they supply thr meth.
Case law: MAGINNIS DONALD KNOX WILBORNE DURING BROWN STRAWBRIDGE EMERALI
6(1d)
Supply or administer or offer to supply or administer
Any class c controlled drug
To anh person under 18yrs
D for daughters, daughters as in young person under 18
CASE LAW
STRAWBRIDGE
EMERALI
FORREST AND FORREST
6(1e)
Sell or offer to sell
Any class c controlled drug
To a person of or over 18
Must be a sale
E is for endeavor. Endeavor to sell your drugs
CASE Law:
STRARBRIDGE
EMERALI
FORREST AND FORREST
6(1f)
Have in his possession
Any controlled drug
For purpose of c,d,e of section 6 of MODA
-Intent
F is for Ferrari. I have drugs In my Ferrari
Case Law
COX
STRAWBRIDGE
EMERALI
Guilty knowledge caee law
Strawbridge
Used in every drugs liability
The CROWN does NOT have to PROVE that the accusers had KNOWLEDGE.
If there is some KNOWLEDGE that the accused HOBESTLY BELIEVED on REASONABLE GROUNDS that the act was INNOCENT they can be AQUITTED unless the jury was satisfied BEYONG REASONABLE DOUBT that this was not so.
Strawberry plants. Thought she was growing strawberry plants not Cannabis plants
KKK
Knew it was an offence
Knew the substance was a controlled drug
Intended to commit an offence
Controlled drug defined as
SPAM any: Substance Preparation Article Mixture Is a controlled drug
Controlled drug anologue defined as
A SUBSTANCE that has a STRUCTURE SUBSTANTIALLY SIMILAR to that of any controlled drug
Class C includes controlled drug anologue
Class C
Cannabis
Includes any controlled drug anologue
Usage quantity case law
EMERALI
The serious offence of POSSESSING a drug does not extend to some MINUTE and USELESS RESIDUE of the substance
Can’t be just residue has to be a usable quantity
Emerali=enormous amount needed to convict
Wilful blindness
Proof that the defendant deliberately turned a blindful eye
MARTIN case law
Had suspicion around what she believed she was carrying but deliberately refrained from making further inquiries pr confirming her suspicion.
If this is proved, the law presumes knowledge
Martin and Martin is a glasses brand. Deliberately refrained from looking in bag or couldn’t see in bag
Recklessness case las
CAMERON
Recklessness is established if:
The defendant recognized that there was a real possibility that:
1) his/her actions would bring proscribed result and or
2) that the proscribed circumstances existed and
Having regard to that risk those actions were unreasonable
Subjective
What they actually believe
Objective
What a reasonable person would think
Statutory presumption
If someone is in possession of a controlled drug which is more than the statutory amount, they can bw assumed to be supplying the drug unless they can prove otherwise.
However we cannot rely on presumption alone need other indicators of supply such as bags, money, tick list
Schedule 5
Heroin 0.5g Cochise 0.5g LSD 2.5g Meth 5g MDMA 5g Cannabis resin or oil 5g Cannabis plant 28g
Not here then more than 56g
Conspiracy
Section 6 MODS 1975
Agreement between 2 or more to commit offence against MODA
Two case law required in law MODA
STRAWBRIDGE - guilty knowledge
EMERALI- usable amount
Producing defined as
To bring something into being or to bring something existence from its raw materials or elements
Has same chemical structure as original
Eg potatoe into fries
Manufacturing defined as
Process of synthesis combining raw materials to create a new substance
Meth, heroin
Potatoe, add oil, creates pumpkin
Completely different product
Producing/manufacturing case law
RUA
Produce and manufacture broadly cover the creation of a controlled drug by some form of process which changes the original substance
Once a prohibited substance is created, whether or not its in a usable form the offence is complete
Eg meth cooking clear abd brown liquid
Rua = 2 in Maori = from one state and changes into another state = 2 states
Supply case law
MAGINNIS
supply involves more than the mere transaction of physical control.
It includes enabling the recipient to use the substance as desired
Case law was mate left Cannabis in his car. Combine mate and Cannabis which makes maginnis
DONALD
supply includes the distribution of joints owned property between its Co owners
KNOX
A person who is in unlawful possession of drug which has been deposited for safe keeping has the intent to supply that drug to another if his intention is to return the drug to the person who deposited to him
Knox=knock on the door and then I will hand it over to you to use for your own purpose
WILBORNE
A passive custodian who reliquenciahes custody of a drug To meet the needs of another has the necessary intent to supply
Wilborne=everyone in the wild has access to everything
Administer defined as
Introducing a drug directly into another person’s system
Black law dictionary
To direct and cause a drug to be taken into the system of another
Offer defined as
Arousing or tempting another to use the drug
Prosecution to prove
- Communicating to administer
- Intention that the other person believes the offer is genuine and can happen
Still an offer even if not accepted
Offer case law
DURING
An offer is an intimidation by the person charged to another fbag he is ready on request to supply to the other or a kind prohibited by the statue (ready to offer)
During=dude=dude ribg me when you’re ready for more drugs I can supply on request
BROWN
Should be understood as a genuine offer. The defendant cab offer in variety of ways:
- supply that is on hand
-supply that will be procured in future
- supply that they mistakenly believe they can supply
- supply dececifully knowing he will not supply that drug (knows its icing sugar)
Brown Brothers- I can genuinely offer you the best
Age case law
Forrest and Forrest
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age (ID/independent person)
Possession case law
Possession involves 2 elements
- Physical element (control or custody)
- Mental element (knowledge and intent)
Knowledge by the accused that the substance is in his possession and inte to exercise possession
Intent
Intent to commit act
Intent to get specific result
