Drugs Flashcards
Imports
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 Section 2, Customs and Excise Act 1996
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 cosignee or addressee
Exports
Time of exportation For the purpose 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 of New Zealand Section 53 Customs and Excise Act 1996
R v Saxton
To import includes “to introduce from abroad, or to cause to be brought in from a foreign country
Must prove guilty knowledge (importing)
This will involve proof that the defendant - knew about the importation and - knew the imported substance was a controlled drug and - intended to cause the importation
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.
Police v Emerali
In any drug offence the quantity of drug involved must be measurable and usable. “……the serious offence of… Possessing a narcotic does not extend to some minute and useless residue of the substance”.
Controlled drug
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 2, misuse of Drugs Act 1975
Import/export Controlled drug Section Act Penalty Ingredients
Section: 6(1)(a) Act: Misuse of drugs Act 1975 Penalty: life imprisonment Ingredients: 1. Imports into OR exports from New Zealand ************* 2. Any controlled drug
Produce or manufacture any Controlled drug Section Act Penalty Ingredients
Section: 6(1)(b) Act: Misuse of drugs Act 1975 Penalty: life imprisonment/ 14 years/ 8 years Ingredients: 1. Produce OR Manufacture ************* 2. Any controlled drug
Produce
To “produce” means to bring something into being, or to bring something into existence from its raw materials or elements
Manufacture
Manufacturing is the process of synthesis; combining components or processing raw materials to create a new substance
R V Rua
the words “produce” or “manufacture” in s 6(1)(b) broadly cover the creation of controlled drugs by some form of process which changes the original substances into a particular controlled drug
Complete
the offence is complete once the prohibited substance is created, whether or not it is in a useable form
Must prove guilty knowledge (produce/manufacturing)
This will involve proof that the defendant - knew about the produce/manufacturing and - knew the produce/manufacturing substance was a controlled drug and - intended to cause the produce/manufacturing
Supply
Includes to distribute, give or sell Section 2, Misuse of drugs Act 1975
R v Maginnis
Supply involves “more than the mere transfer of physical control….(it includes) enabling the recipient to apply the thing…. to purposes for which he desires…”
Administers
In the context of drug dealing, the appropriate meaning of administer is to direct and cause a ….drug to be taken into the system of another person. Black’s law dictionary
R v During
Offers to supply 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 the statute
R v Brown
Offering to supply - offers to supply a drug that he has on hand - offers to supply a drug that will be procured at some future date - offers to supply a drug that he mistakenly believes he can supply - offers to supply a drug deceitfully, knowing he will not supply that drug
Otherwise deals in
The term otherwise deals in paragraph (c) is aimed at dealing in a drug by some means other than distributing, giving or selling it, administering it or offering to supply or administer it
Sell
A sale occurs when a quantity or share in a drug is exchanged for some valuable consideration. Will commonly be money, but anything of value will suffice
Dealing with controlled drugs
For the purposes of paragraph (e) of subsection (1) of this section, if it is proved that a person has supplied a controlled drug to another person he shall until the contrary is proved be deemed to have sold that controlled drug to that other person Section 6(5) Misuse of drugs Act 1975