Drugs Flashcards
Section 6(1)(a), Misuse of Drugs Act 1975
Import/ Export controlled drug
‘Import/ Export controlled drug’ penalty
Life imprisonment
‘Import/ Export controlled drug’ elements
- Import into OR exports from New Zealand
- Any controlled drug
‘Imports’ definition
s2 Customs and Excise Act 1996
Importation
(a) in relation to any goods, means the arrival of the goods in New Zealand in any manner, whether lawfully or unlawfully, from a point outside New Zealand
‘Imports’ Case law
Saxton v Police
To import includes “to introduce from abroad or to cause to be brought in from a foreign country”.
R v Hancox
The element of importing exists from the time the goods enter New Zealand until they reach their immediate destination … [ie] when they have ceased to be under the control of the appropriate authorities and have become available to the consignee or addressee.
Saxton v Police
To import includes “to introduce from abroad or to cause to be brought in from a foreign country”.
R v Hancox
The element of importing exists from the time the goods enter New Zealand until they reach their immediate destination … [ie] when they have ceased to be under the control of the appropriate authorities and have become available to the consignee or addressee.
‘Exports’ definition - Time of exportation
s53 Customs and Excise Act 1996
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.
Import/Export - proving guilty knowledge
Must prove Guilty Knowledge
This will involve proof that the defendant:
- knew about the importation/exportation, AND
- knew the imported/exported substance was a controlled drug, AND
- intended to cause the importation/exportation
Import/Export - establishing knowledge Case Law
R v Strawbridge
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 accused honestly believed on reasonable grounds that her act was innocent, then she is entitled to be acquitted unless the jury is satisfied beyond reasonable doubt that this was not so.
‘Useable amount’ definition
In any drug offence the quantity of drug involved must be measurable and useable.
‘Useable amount’ Case law
Police v Emerali
“… the serious offence of … possessing a narcotic does not extend to some minute and useless residue fo the substance”.
‘Controlled drug’ definition
s2 Misuse of Drugs Act 1975
Means any substance, preparation, mixture or article specified or described in Schedule 1, Schedule 2, or Schedule 3 of this Act and includes any controlled drug analogue.
Section 6(1)(b), Misuse of Drugs Act 1975
Produce or Manufacture any controlled drug
‘Produce or Manufacture any controlled drug’ penalty
Life imprisonment / 14 years / 8 years
‘Produce or Manufacture any controlled drug’ elements
- Produce or Manufacture
- Any controlled drug
‘Produce’ definition
To “produce” means to bring something into being, or to bring something into existence from its raw materials of elements.
‘Manufacture’ definition
Manufacturing is the process of synthesis; combining components or processing raw materials to create a new substance.
‘Produce’ and ‘Manufacturing’ Case law
R v Rua
The words “produce” or “manufacture” in s6(1)(b) broadly cover the creation of controlled drugs by some form of process which changes the original substances into a particular controlled drug.
‘Produce or manufacture any controlled drug’ - completion
The offence is complete once the prohibited substance is created, whether or not it is in a useable form.