Drugs Flashcards
Importing/exporting any controlled drug
Section/Act
Section 6(1)(A), Misuse of Drugs Act 1975
Importing/exporting any controlled drug
Elements
- Import into NZ or Export from NZ
- Any controlled drug
Imports
Definition
The arrival of goods into NZ in any manner, whether lawfully or unlawfully from a point outside NZ.
Imports
Case law
Saxton v Police
To import includes “to introduce or bring in from abroad or to cause to be brought in from a foreign country”.
R v Hancox
Importation involves an active concept. It does not cease when the craft enters NZ. It exists from the time the goods enter NZ until they reach their immediate destination or 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 into NZ from abroad or cause to be brought into NZ from a foreign country”.
R v Hancox
Importation involves active conduct. It does not cease as the craft enters NZ. It exists from the time the goods enter NZ until they reach their immediate final destination or have ceased to be under the control of the appropriate authorities and have become available to the consignee or addressee.
New Zealand
Definition
Means the land and waters within the outer limits of the territorial sea of New Zealand.
Outer limit is 12 nautical miles from land mass of New Zealand.
Export
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.
Controlled drug
Definition
Controlled drug 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.
Controlled drug
Case law
Guilty knowledge
R v Strawbridge
It is not necessary for the Crown to establish knowledge on the part of the accused. Knowledge is presumed unless there is evidence to show otherwise.
Useable quantity
Police v Emerali
The serious offence of possessing a narcotic does not extend to some minute and useless residue of the substance.
R v Strawbridge
Guilty knowledge
It is not necessary for the Crown to establish knowledge on the part of the accused. Knowledge is presumed unless there is evidence to show otherwise.
Police v Emerali
Useable quantity
The serious offence of possessing a narcotic does not extend to some minute and useless residue of the the substance.
Produce/manufacture any controlled drug
Section/Act and elements
Section 6(1)(b), MODA 75
Elements:
Produce or manufacture
Any controlled drug
Produce
To bring something into being, or bring into existence from its raw materials or elements.
Manufacture
The process of synthesis, combining components or processing raw materials to create a new substance.
R v Rua
Produce and manufacture cover the creation of controlled drugs through some form of process which changes the original substances into a particular controlled drug.
The offence is complete once the prohibited substance is created, whether or not it is in a useable form or not.
Supplying any class A or B controlled drug
Section/Act and elements
Section 6(1)(c), MODA75
Elements:
Supply, or
Administer, or
Offers to supply or administer, or
Otherwise deal in
Any class A or B controlled drug
To any other person
Supply
Definition
To supply includes to give, sell and distribute.
Supply
Case laws
R v Wildbore
R v Knox
R v Donald
R v Donald
Supply includes the distribution of jointly owned property between its co owners.
R v Knox
A person who is unlawfully in possession of a controlled drug, which has been deposited for safe keeping, has the intent to supply it if their intention is to return it to the person who deposited with them.
R v Wildbore
A passive custodian who relinquished custody of a drug to meet the needs of another has the necessary intent for supply.
Administer
To direct and cause a drug to be taken into the system of another person.
Offer
Case laws
R v During
R v Brown
R v During
An offer is an intimation by the person charged to another that he is ready on request to supply to that other, drugs of a kind prohibited by statute.
R v Brown
Variety of ways offers can arise:
Offered to supply a drug that
- he has on hand
- he will procure in future
- he mistakenly believes he can supply
- he does deceitfully, knowing he will not supply that drug.
Otherwise deal in
Dealing in a drug in some means other than by distributing, giving, selling, administering or offering to supply or administer it.
