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DDP 2021 WAI-BOP > Drugs > Flashcards

Drugs Flashcards

1
Q

What are the elements of Producing / Manufacturing any controlled drug?

A

-Produce

or

  • Manufacture
  • Any controlled drug
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2
Q

What section / act is:

importing / exporting any controlled drug?

Elements?

A

Section 6(1)(a) Misuse of Drug Act 1975

Elements:

-Import into

or

  • Export from NZ
  • Any controlled drug
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3
Q

What is the act and section for:

Producing / Manufacturing any controlled drug?

A

Section 6(1)(b) Misuse of Drugs Act 1975

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4
Q

What is stated in:

R V RUA

regarding the manufacture of controlled drugs.

A

The words “produce” or “manufacture” in Section 6(1)(b) broadly cover the creation of controlled drugs by some form of process which changes the orginal substances into a particular controlled drug.

The offence is complete once the prohibited drug substance is created, whether or not it is in useable form.

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5
Q

What is meant by ‘producing’ in regards to producing controlled drugs?

A

To ‘produce’ means to bring something into being, or to bring something into existence from its raw materials or elements.

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6
Q

What is considered ‘manufacturing’?

A

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

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7
Q

CASE LAW:

R V STRAWBRIDGE

A

it is not necessary for the Crown to establish knowledge on the part of the accused. In the absence of evidence to the contrary knowledge on her part will be presumed, but if there is some evidence that the acussed honestly believed on reasonable grounds that her act was innocent, then she is entitled to be aquitted unless the jury is satisfied beyond reasonable doubt that this was not so.

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8
Q

CASE LAW (regarding usable quantity):

POLICE V EMERALI

A

“the serious offence of…possessing a narcotic does not extend to some minute and unless residue of the substance.”

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9
Q

What is the section for Drug Dealing - Suppling andy class A or B controlled drugs?

A

Section 6(1)(c) Misuse of Drugs Act 1975

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10
Q

What are the elements of:

Supplying any class a or b class controlled drug?

A
  • Supply
  • or*
  • administer
  • or*
  • offer to supply or administer
  • otherwise deal in
  • any class a controlled drug or any class b controlled drug
  • to any person
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11
Q

What is listed under ‘supply’ in section 2 of the misuse of drugs act 1975?

A

Supply includes distrubite, give and sell.

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12
Q

What is discussed in R V DONALD in regards to supply?

A

Supply includes the distribution of jointly owned property between its co-owners.

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13
Q

What is discussed in R V KNOX?

A

“a person who is in unlawful possession of a controlled drug, which has been deposited for safekeeping, has the intent to supply that drug to another if his intention is to return the drug to the person who desposited it with him.”

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14
Q

What is meant by administer?

A

“to direct and cause a…drug to be taken into the system” of another person.

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15
Q

Offer:

R V DURING

A

“an offer is an intimation by the person charged to another that he is ready to request to supply to that other, drugs of a kind prohibited by the statue.”

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16
Q

R V BROWN

A

Offering to supply a controlled drug can arise in a variety of ways including where the defendant:

  • offers to supply 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.
17
Q

What is meant by “otherwise deals with”?

A

Dealing in a drug by some means other than distrubuting, giving or selling it, administering it or offering to suppy or administer.

18
Q

Must the prosecution identify the ‘another person’ who is purchasing the case a or b controlled drugs?

A

The prosecution must prove that the drugs were supplied to another person, although it is not necessary to identify that person.

19
Q

What is the section for Suppling Class C Controlled Drugs to Person Under 18?

Elements?

A

Section 6(1)(d) Misuse of Drugs Act 1975

  • Supply
  • or*
  • Administer
  • or*
  • offer to supply or administer
  • any class C controlled drug
  • to a person under 18 years of age
20
Q

What is section 6(1)(e) Misuse of Drugs Act 1975?

A

Sell/ offer to sell any class c drug to person over 18 years

  • Sell, or Offer to sell
  • any class C controlled drug
  • to a person of or over 18 years of age
21
Q

Sells

What is covered in section 6(1)(e) in relation to a charge of supplying a class c controlled drug to a person over 18 years?

A

For the purpose 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 that other person.

22
Q

What is the section for possession of controlled drug for supply?

Elements?

A

Section 6(1)(f) Misuse drugs act 1975

  • Have in his possession
  • any controlled drug
  • for any of the purposes set out in paragraphs (c),(d) or (e) of section 6(1) MOD75.
23
Q

R V COX

What is discussed in relation to possession?

A

Possession invloves two elements. The first, the physical element, is actual or potential custody or control.

The second, the mental element, is a combonation of knowledge and intention. Knowledge in the sense of an awareness by the accused that the substance is in his possession and an intention to exercise that possession.

24
Q

Summarise the following sections for MODA75:

Section 6(1)(a)

Section 6(1)(b)

Section 6(1)(c)

Section 6(1)(d)

Section 6(1)(e)

Section 6(1)(f)

A

a) importing / exporting any controlled drug
b) producing / manufacturing any controlled drug
c) suppling any class a or b controlled drug
d) suppling any class c controlled drug to any person under 18 years
e) sell / offer to sell any class c controlled drug to any person 18+
f) posession of controlled drug for supply

25
Q

In regards to case law, what case law would relate to ‘guilty knowledge’?

A

R V STRAWBRIDGE

26
Q

In relation to ‘usable quantity’ what case law would you refer to?

A

POLICE V EMERALI

“the serious offence of….posession a narcotic does not extend to some minute and useless residue of the substance.”

27
Q

R V WILDBORE

A

a “passive custodian” who relinquishes custody of a drug to meet the need of another, has the necessary intent for supply.

28
Q

What case law would you refer to when discussing age, for a charge including ‘person under 18’?

A

R V FORREST AND FORREST

DDP 2021 WAI-BOP (13 decks)

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