Drugs+

Question 1

Police V Emerali

Answer 1

Possession does not extend to some minute and useless residue of the substance - usable quantity

Question 2

R V Strawbridge

Answer 2

To be guilty of an offence, the accused must have guilty knowledge.

If the accused honestly believed on reasonable grounds that her act was innocent then they are entitled to be acquitted unless the jury are satisfied beyond reasonable doubt that the this was not so.

(There is a reverse onus put on the defendant to prove they had no knowledge of the substance).

Question 3

R v During

Answer 3

Offer means ready on request to supply a drug.

Question 4

R V Rua

Answer 4

The offence of producing or manufacturing covers the creation of a controlled drug by a process that changes the original substance into a particular controlled drug.

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

Question 5

R v Brown

Answer 5

Offence of supply exists when offer is made with intention that it
should be understood as genuine.

Question 6

R v Forrest and Forrest

Answer 6

The best evidence possible in the circumstances should be adduced by the prosecution in proof of [the victim’s] age

Question 7

R v Cox - Possession

Answer 7

Possession involves two elements. The first, the physical element, is actual or potential physical custody or control. The second, the mental element, is a combination 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 possession.

Question 8

Saxton v Police

Answer 8

To import includes “to introduce from abroad or to cause to be brought in from a foreign country”.

Question 9

R v Hancox

Answer 9

The offence of importation does not cease as the drugs enter New Zealand’s territory. The element of importing exists from the time the goods enter New Zealand until they have become available to the consignee or addressee.

Question 10

R v Maginnis

Answer 10

Supply involves more than the transfer of physical control and includes enabling the recipient.

Question 11

R v McGinty

Answer 11

A Judge is not required to refuse a warrant because Police have not exhausted every conceivable alternative technique of investigation.

and

Disclosure of the identity of alleged informants is not required under the act. The trial judge was correct in deleting from the application certain parts that would have been likely to lead to the identification of the CHIS, however, the trial Judge was entitled to insist on disclosure if they saw fit.

Question 12

List Controlled Drugs including their schedule and presumption for supply volume.

Answer 12

Class A / Schedule 1:
* Meth - 5 grams
* LSD - 2.5 mg, 25 tabs
* Cocaine - 0.5 grams
* Heroine - 0.5 grams

Class B / Schedule 2:
* Cannabis Oil / preparations
* GHB (Fantasy)
* MDMA
* Morphine
* Opium
* Pesudoephedrine

Class C / Schedule 3:
* Cannabis plant - 28 grams or 100 cigarettes
* Cannabis Seeds
* BZP
* Controlled Drug Analogues