Drugs Flashcards
Imports
S2 Customs and Excise Act 1996
(a) in relation to any goods means the arrival of the goods in New Zealand, in any manner, from a point outside New Zealand
Case law that relates to Imports
Saxton v Police
R v Hancox
R v Strawbridge
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
S53 Customs and Excise Act 1996
For the purpose of this act, the time of exportation is the time when the exporting craft leaves the last customs place at which the craft calls immediately before proceeding to a point outside new zealand
Import/export guilty knowledge
Must prove guilty knowledge which will include tht the defendant
- knew about the import/export and
- knew the import/export substance was a controlled drug and
- intended to cause the import/export
Case law relating to importing/exporting
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 to suggested that the accused 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.
Case law relating to usable amount
Police v Emerali
In any drug offence the quantity of drug involved must be measurable and useable.
The seriousness offence of possessing a narcotic does not extend to some minute and useless residue of the substance.
Controlled drug
S2 MODA 1975
Means any substance, preparation or mixture or article specified or described in schedule 1, 2 and 3 of this act and includes any controlled drug analogue
Produce
means to bring something into being or to bring something into existence from its raw materials or elements
Manufacture
is the process of synthesis, combining components or processing raw materials to create a new substance
Case law related to produce/manufacture
R v Rua
The words produce and manufacture in relation to S6(1)(b) broadly cover the creation of controlled drugs by some form of process which changes the original substance into a particular controlled drug
Complete
offence is competed as soon as the prohibited substance is created whether or not in a usable form
Guilty knowledge production/manufacture
Must prove guilty knowledge which will include tht the defendant
- knew about the production/manufacture and
- knew the production/manufacture was a controlled drug and
- intended to cause the production/manufacture
Supply
S2 MODA 1975
includes to distribute, give or sell
Case law related to supply
R v Maginnis
supply involves more than the mere transfer of physical control, it includes enabling the recipient t apply the thing to what ever purpose he desires
Administers
Blacks Law dictionary
In the context of drug dealing means to direct or cause a drug to be taken into another persons system
Offers
Oxford Dictionary
Express readiness to do something for or on behalf of someone
Case law relating to offers
R v During
R v Brown
R v During
An offer is an intimation by the person charged to another person that he is ready on request to supply the other person drugs which are prohibited
R v Brown
Offers to supply a drug
- he has on had
- he will get at a future date
- he mistakenly believes he can supply
- deceitfully knowing he will not supply the drug
Guilty knowledge supply/administer/offer
Must prove guilty knowledge which will include tht the defendant
- knew about the supply/administer/offer and
- knew the supply/administer/offer was a controlled drug and
- intended to cause the supply/administer/offer
Class A controlled drug
S2 MODA 1975
Any substance, preparation, article or mixture specified or described in schedule 1 of this act
Class B controlled drug
S2 MODA 1975
Any substance, preparation, article or mixture specified or described in schedule 2 of this act
Class C controlled drug
S2 MODA 1975
Any substance, preparation, article or mixture specified or described in schedule 3 of this act and includes any controlled drug analogue
Case law relates to proving age
R v Forrest and Forrest
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age
in practice this generally involves producing the victims birth certificate in conjunction with independent evidence that the victim is the one named in the birth certificate.
sell
A sale occurs when a quantity or share in a drug is exchanged for some valuable consideration which is generally money but anything of value will suffice.
dealing with controlled drugs
S6(5)
for the purpose of S6(1)(e) if a person is proven to have supplied another person it will be deemed that they have sold tha controlled drug until proven otherwise
Proof of offers to sell
- communication of an offer to sell a controlled drug
- an intention that the other person believes the offer is genuine
Must prove guilty knowledge of sale/offer
Must prove guilty knowledge which will include tht the defendant
- knew about the sale/offer and
- knew the sale/offer substance was a controlled drug and
- intended to cause the sale/offer
Possession
may be actual or potential
Case law relating to possession
R v Cox
Possession has two elements, the first being the physical element which is the actual or potential custody or control and the second element being the mental element which is the knowledge in the sense of an awareness the substance is in their possession and an intention to exercise possession of the substance
Actual possession
The person actually has the drug in their custody or control
potential possession
is when the person has the potential to have the thing in their custody or control
S2(2) MODA 1975
For the purpose of this act the things which a person has in his possession include anything subject to his control which is in the custody of another person
Dealing with controlled drug, presumption
For the purpose of S6(1)(f) a person is presumed to to be in possession of a controlled drug for the purpose of subsections 1(c)(d) and (e) until proven other wise if they are in possession of the controlled drug in an amount level or qunatity at or over that of which is deemed to be the amount for supply of that controlled drug.
Example of Class A controlled drug
Cocaine
Methamphetamine
Heroin
Example of Class B controlled drug
Morphine
Cannabis Oil
Opium
Example of Class C controlled drug
Cannabis plant
Cannabis seed
Codeine
