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DDC > Drugs > Flashcards

Drugs Flashcards

1
Q

Class A

A 
Cochise
Heroin
LSD
Meth
Magic mushrooms
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2
Q

Class B

A 
Amphetamine
Cannabis
MDMA
Morphine
Opium
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3
Q

6(1b)

A

Produce/manufacturing
Any controlled drug

B for bananas and bananas are in the produce section of supermarket

Case law:
RUA
STRAWBRIDGE
EMERALI

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4
Q

6(1c)

A

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
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5
Q

6(1d)

A

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

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6
Q

6(1e)

A

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

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7
Q

6(1f)

A

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

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8
Q

Guilty knowledge caee law

A

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

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9
Q

Controlled drug defined as

A 
SPAM
any:
Substance
Preparation 
Article 
Mixture 
Is a controlled drug
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10
Q

Controlled drug anologue defined as

A

A SUBSTANCE that has a STRUCTURE SUBSTANTIALLY SIMILAR to that of any controlled drug

Class C includes controlled drug anologue

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11
Q

Class C

A

Cannabis

Includes any controlled drug anologue

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12
Q

Usage quantity case law

A

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

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13
Q

Wilful blindness

A

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

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14
Q

Recklessness case las

A

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

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15
Q

Subjective

A

What they actually believe

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16
Q

Objective

A

What a reasonable person would think

17
Q

Statutory presumption

A

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

18
Q

Schedule 5

A 
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

19
Q

Conspiracy

A

Section 6 MODS 1975

Agreement between 2 or more to commit offence against MODA

20
Q

Two case law required in law MODA

A

STRAWBRIDGE - guilty knowledge

EMERALI- usable amount

21
Q

Producing defined as

A

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

22
Q

Manufacturing defined as

A

Process of synthesis combining raw materials to create a new substance

Meth, heroin

Potatoe, add oil, creates pumpkin

Completely different product

23
Q

Producing/manufacturing case law

A

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

24
Q

Supply case law

A

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

25
Q

Administer defined as

A

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

26
Q

Offer defined as

A

Arousing or tempting another to use the drug

Prosecution to prove

  1. Communicating to administer
  2. Intention that the other person believes the offer is genuine and can happen

Still an offer even if not accepted

27
Q

Offer case law

A

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

28
Q

Age case law

A

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)

29
Q

Possession case law

A

Possession involves 2 elements

  1. Physical element (control or custody)
  2. Mental element (knowledge and intent)

Knowledge by the accused that the substance is in his possession and inte to exercise possession

30
Q

Intent

A

Intent to commit act

Intent to get specific result

DDC (9 decks)

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