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CIB Induction 2019 MSEV47 > Drugs > Flashcards

Drugs Flashcards

1
Q

Imports

A

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

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2
Q

R v Hancox

A

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

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3
Q

Exports

A

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

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4
Q

R v Saxton

A

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

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5
Q

Must prove guilty knowledge (importing)

A

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
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6
Q

R v Strawbridge

A

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.

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7
Q

Police v Emerali

A

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”.

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8
Q

Controlled drug

A

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

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9
Q 
Import/export Controlled drug
Section
Act
Penalty
Ingredients
A 
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
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10
Q 
Produce or manufacture any Controlled drug
Section
Act
Penalty
Ingredients
A 
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
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11
Q

Produce

A

To “produce” means to bring something into being, or to bring something into existence from its raw materials or elements

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12
Q

Manufacture

A

Manufacturing is the process of synthesis; combining components or processing raw materials to create a new substance

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13
Q

R V Rua

A

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

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14
Q

Complete

A

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

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15
Q

Must prove guilty knowledge

produce/manufacturing

A

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
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16
Q

Supply

A

Includes to distribute, give or sell

Section 2, Misuse of drugs Act 1975

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17
Q

R v Maginnis

A

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…”

18
Q

Administers

A

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

19
Q

R v During

A

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

20
Q

R v Brown

A

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
21
Q

Otherwise deals in

A

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

22
Q

Sell

A

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

23
Q

Dealing with controlled drugs

A 
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
24
Q

Offers to sell

A

The prosecution must prove two elements:

  • the communicating of an offer to sell a controlled drug (the actus reus) and
  • an intention that the other person believes the offer to be genuine (the mens rea)
25
Q

Proving age

A

In practice this generally involves producing the victims birth certificate in conjunction with independent evidence that identifies the victim as the person named in the certificate

26
Q

R V Forrest & Forrest

A

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

27
Q

R V Cox (drugs)

A

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

28
Q

Section 6(1)(c), Misuse of Drugs Act 1975

A 
Supply or administer, or offer to supply or administer any class A controlled drug or class B controlled drug to any other person, or otherwise deals in any such controlled drugs
Section 6(1)(c), Misuse of Drugs Act 1975
29
Q

Section 6(1)(d), Misuse of Drugs Act 1975

A 
Supply or administer, or offer to supply or administer, any class C controlled drug to a person under 18 years of age
Section 6(1)(d), Misuse of Drugs Act 1975
30
Q

Section 6(1)(e), Misuse of Drugs Act 1975

A 
Sell or offer to sell, any class C controlled drug to a person of or over 18 years of age
Section 6(1)(e), Misuse of Drugs Act 1975
31
Q

Dealing with controlled drugs - Presumption

A

For the purposes of subsection (1)(f), a person is presumed until the contrary is proved to be in possession of a controlled drug for any of the purposes in subsection (1)(c),(d) or (e) if he or she is in possession of the controlled drug in an amount, level, or quantity at or over which the controlled drug is presumed to be for supply (See section 2(1A))
Section 6, Misuse of Drugs Act 1975

32
Q

Must prove guilty knowledge (supply/administering/offer)

A

This will involve proof that the defendant

  • knew about the supply/administering/offer and
  • knew the supply/administering/offer substance was a controlled drug and
  • intended to cause the supply/administering/offer
33
Q 
Supply/Administer/offer to supply or administer class A or B controlled drug
Section
Act
Penalty
Ingredients
A 
Section: 6(1)(c)
Act: Misuse of drugs Act 1975
Penalty: life imprisonment/ 14 years 
Ingredients:
1. Supplies OR Administers OR offers to supply OR Administer OR otherwise deals in
*************
2. Class A or B controlled drug
**************
3. to any person
34
Q 
Supply/administer/offer class C controlled drug to person under 18 years
Section
Act
Penalty
Ingredients
A 
Section: 6(1)(d)
Act: Misuse of drugs Act 1975
Penalty: life 8 years 
Ingredients:
1. Supplies OR Administers OR offers to supply OR Administer OR otherwise deals in
*************
2. Class C controlled drug
**************
3. to any person under the age of 18 years old
35
Q 
Sells or offers to sell Class C controlled drug to persons of or over 18 years of age
Section
Act
Penalty
Ingredients
A 
Section: 6(1)(e)
Act: Misuse of drugs Act 1975
Penalty: 8 years 
Ingredients:
1. Sells OR offers to sell
*************
2. Class C controlled drug
*************
3. to any person of or over the age of 18 years old
36
Q 
Possession of a controlled drug for supply/administer/sell/offer
Section
Act
Penalty
Ingredients
A 
Section: 6(1)(f)
Act: Misuse of drugs Act 1975
Penalty:  life imprisonment/ 14 years/8 years 
Ingredients:
1. has in his possession
*************
2. Any controlled drug
*************
3. for any of the purposes set out in paragraphs (c),(d) or (e)
37
Q

Must prove guilty knowledge (possession)

A

This will involve proof that the defendant

  • knew about the possession and
  • knew the possessed substance was a controlled drug and
  • intended to carry out either (c),(d) or (e)
38
Q

Guilty knowledge (Supply/administer/offer)

A

This will involve proof that the defendant

  • knew about the Supply/administering/offer and
  • knew the Supply/administering/offer substance was a controlled drug and
  • intended to cause the Supply/administering/offer
39
Q

Class A controlled drug

A

Means any controlled drugs specified or described in Schedule 1 to this Act
Section 2, Misuse of Drugs Act 1975

40
Q

Class B controlled drug

A

Means any controlled drugs specified or described in Schedule 2 to this Act
Section 2, Misuse of Drugs Act 1975

41
Q

Class C controlled drug

A

Means the controlled drugs specified or described in Schedule 3 to this Act and includes and controlled drug analogue
Section 2, Misuse of Drugs Act 1975

42
Q

Offers

A

Express readiness to do something for or on behalf of someone
Oxford Dictionary

CIB Induction 2019 MSEV47 (22 decks)

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