Drugs Flashcards
Drug Dealing(produce/manufacture) section/elements?
Section 6(1)(b) MODA 1975
- No person shall
-produce or manufacture
-any controlled drug
Drug Dealing(supply class A or B)
Section/elements?
Section 6(1)(c) MODA 1975
-no person shall
-supply or administer or offer to supply or administer or otherwise deal in
-any Class A controlled drug or Class B controlled drug
-to any other person
Drug Dealing(Supplying Class C to person under 18 years)
Section/elements?
Section 6(1)(d) MODA 1975
-No person shall
-supply or administer or offer to supply or offer to administer
-any class C controlled drug
-to a person under 18 years of age
Drug dealing(Sell/offer to sell any class C drug to person 18+)
Section/elements?
Section 6(1)(e) MODA 1975
-No person shall
-sell or offer to sell
- any class c controlled drug
- to a person of or over 18 years of age
Drug dealing(possession of controlled drug for supply) section/elements?
Section 6(1)(f) MODA 1975
- No person shall
-have in his possession
-any controlled drug
-for any of the purposes set out in paragraphs (c)(d) or (e) of section 6(1).
A controlled drug is?
Any substance,preparation,mixture or article specified, including any temporary class drug and any controlled drug analogue.
(SPAM & CDA)
What is and what class is a controlled drug analogue?
Any substance that’s structure is substantially similar to that of any controlled drug.
Class C
What schedule is a class A drug?
Examples?
Risk?
Schedule 1
Cocaine
Heroin
Lsd
Methamphetamine
Magic mushrooms
Very high risk
What schedule is class B drugs?
Examples?
Risk?
Schedule 2
Amphetamine
Cannabis oil
MDMA
Morphine
Opium
Fentanyl
High risk
What schedule is class C drugs?
Examples?
Risk?
Schedule 3
Cannabis plant
Cannabis seed
BZP
Codeine
Moderate risk
Guilty knowledge case law?
R v Strawbridge- Knowledge will be presumed if there is no Evidence to the contrary.
the accused need to prove they acted innocently and had no knowledge to be acquitted.
Section 29
It is not a defence that the defendant did not know the substance in question was the particular controlled drug alleged.
Useable quantity- Case law?
Police v emerali- possession doesn’t extend to some minute and useless residue of the substance.
Section 29A?
Whilst proof of useable quantity is necessary it is not necessary for the prosecution to prove the fact unless the defendant puts the matter in issue.
Import 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”
Importation commencement and conclusion?
Commencement at point of origin and concludes when they have reached their final destination and are available to the consignee.
Means Rea for importing?
-Knew about the importation or was willfully blind
-knew the imported substance was a controlled drug
-intended to cause the importation
KKI
Willfull Blindness case law
R v Martin- deliberately turning a blind eye to the facts.
Had her suspicions but deliberately refrained from further enquiries or confirming her suspicion because she wanted to remain ignorant.
Recklessness case law
Cameron v R
-The defendant recognised that there was a real possibility that his actions would bring about the prescribed result and/or that the proscribed circumstances existed
-Having regard to that risk those actions were unreasonable.
New Zealand defined?
Land and waters enclosed by the outer limits of the territorial sea of New Zealand.
Outer limit- 12 nautical miles
Producing definition?
To bring something into being, or to bring something into existence from its raw materials
Manufacturing defintion?
The process of synthesis, combining components or processing raw materials to create a new substance.
Supply definition S2(1) MODA 1975
Supply includes distribute, give and sell
Supply case law?
R v Magginis- supply involves more than just handing drugs over. It includes conferring on the recipient the ability to use the drugs for their own purpose.
Distribution case law?
R V Donald- supply includes the distribution of jointly owned property between its co-owners.
Administer defined?
Introducing a drug directly into another persons system.
Case law offer to supply
R v During- ready on request to supply drug
R v Brown- offence of supply exists when offer is made with intention that it should be understood as genuine.
Offering Actus and Mens Rea?
-communicating of an offer to supply or administer is the Actus Reus.
-an Intention that the other person believes the offer is genuine is the Mens Rea.
Otherwise deal example?
Hooper and Another-Barter or exchange
Age case law?
R v Forest and Forest- the best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age.
Possession case law
R v Cox- two elements, the physical element is actual or physical custody or control and the mental element combination of knowledge the item is in his possession and intention to exercise possession
Proof of Possession by crown
-Knowledge the drug exists
-Knowledge it is a controlled drug
-Some degree of control over it
-An intention to possess it
Presumptive amount, heroin,cocaine?
0.5grams
Presumptive amount for Meth,mdma,cannabis resin,cannabis oil?
5 grams
Presumptive amount LSD?
2.5mg or 25flakes/tablets
Presumptive amount cannabis
28 grams or 100 cigarettes
Presumptive amount controlled drug not specified in schedule 5?
56 grams
Conspiracy MODA section?
Sentences for class A,B,C?
6(2A)
A= 14 years
B=10 years
C= 7 years
Section 6(2) liable conviction length classes A,B,C?
A=life sentence
B= 14 years
C= 8 years
Sell defined?
Exchange for valuable consideration
