Drugs Flashcards
Case law Drugs - SAXTON V POLICE
To import includes “to introduce or bring in from abroad or to cause to be brought in from a foreign country
Case law Drugs - R V HANCOX
Importation is a process and does not cease as the vessel crosses New Zealand’s border. Importing continues while goods are in transit from the time the goods enter NZ (regardless of whether they are intercepted), and up until they have become available to the recipient (addressee).
(Think of people being smuggled into NZ for sexual exploitation – all goodlooking Russian girls - the smugglers continually have their hands on their C***s)
Case law Drugs - POLICE V EMERALI
Possessing a narcotic does not extend to some minute and useless residue of the substance. Should be of a useable quantity.
Case law Drugs - R V RUA
“Produce” or “manufacture” cover the creation of controlled drugs by some form of process which changes the original substances into a particular controlled drug.
Case law Drugs - R V DURING
“Offer to supply” (intimation) intention by offender that he is ready, on request, to supply illicit drugs to another.
Case law Drugs - R V BROWN
The offence exists when the offer (intimation) is made with the intention that it should be understood as a genuine offer.
Case law Drugs - R V HOOPER &; ANOTHER
“Otherwise deals” – includes barter or exchange.
Hooper & another, 2 people, exchanging drugs
Case law Drugs - R V COX – (DRUGS)
Possession = 2 elements
PHYSICAL: Actual or potential physical custody or control.
MENTAL: Combination of knowledge and intention. An awareness by the accused that the substance is in his possession; And an intention to exercise possession.
(Think of a coxen in the front of a rowing-8, steroids for the team are in the back but he knows where they are, they’re under his control and he has an intention to dish them out to the team before the race.)
Case law Drugs - R V WILDBORE
“Passive custodian” who relinquishes custody of a drug to meet the needs of another, has the necessary intent for supply.
(scenario - out in the wild with the boar, shed on property, key in hiding spot, LSD kept in shed…tells offender where the key is and permits them access to the drugs)
Case law Drugs - R V STRAWBRIDGE
Not up to Crown to establish guilty knowledge. It’s up to the accused to prove innocence on reasonable grounds. If evidence accused believed act was innocent = acquitted.
(ie. Innocent woman thinks she’s growing straw (tomato plants), actually growing cannabis – not guilty)
Case law Drugs - R v FORREST & FORREST
Proof of age = Producing birth certificate & evidence that victim is person named in birth certificate.
(forrest, trees, paper, birth cert.)
Dealing with Controlled Drugs
Section 6, Misuse of Drugs Act 1975
Misuse of Drugs Act 1975 Section 6 (1) (a)
Importing/exporting any controlled drugs
Importation `
Arrival of the goods in NZ whether lawfully or unlawfully - TO BRING IN
When does criminal liability arise?
AS soon as the drugs cross NZ borders
When does importing conclude?
When they have reached their final destination
Three things you must prove??
1- They knew about the importation AND
2- They knew the imported substance was a controlled drug AND
3- They intended to cause the importation
When does exporting commence and conclude?
It commences with the first act intended to export the drugs and concludes at the time of actual exportation
What is Controlled Drugs
Any substance, preparation, mixture, or article specified or described in Schedule 1, Schedule 2 or Schedule 3 to this Act; and includes any controlled drug analogue
What is a controlled drug analogue?
Its any substance with a structure substantially similar to a controlled drug
What is a Class A Drug - Schedule 1?
Cocaine
Heroin
LSD
Methamphetamine
What is a Class B Drug - Schedule 2?
Amphetamine Cannabis Preparations eg cannabis oil MDMA Morphine GHB Opium Pseudoephedrine
What is a Class C Drug - Schedule 3?
Cannabis Plant
Cannabis Seed
BZP
Controlled drug analogues
Misuse of Drugs Act 1975 Section 6 (1) (b)
Producing/ manufacturing any controlled drug
What is producing?
Changing the nature of the original substance - bring something into being or to being something into existence from its raw materials or elements. Eg separating cannabis oil from the plant - forms a new drug
What is manufacturing?
Creating a different substance from the original materials - the process of synthesis combining components or processing raw materials to create a new substance eg meth from pseudo
When is an offence complete?
Once the prohibited substance is created whether to not it is in a usable form
Misuse of Drugs Act 1975 Section 6 (1) (c)
Supplying any Class A or B Controlled drug
Supply
Distribute, give or sell
Distributing
`Relates to the supply of drugs to multiple people
Giving
Handing over or in some other way of transferring an item to another person
R v Wildbore - supply of LSD in locked shed- left key out
Selling
A sale occurs when a quantity or share in a drug is exchanged foe some valuable consideration - e.g money or exchanging drugs for real estate
Administering
Administering is distinguished from supplying in they it involves introducing a drug directly into another persons system
Two Elements to prove with offering
1 - The communicating of an offer to supply or administer a controlled drug (acts reas)
2 - An intention that the other person believes the offer to be genuine (Mens rea)
R V During - supplying a drug
R V Brown understood as genuine offer - offering to sell LSD to undercover cop
Otherwise deals in
Aimed at dealing in a drug by sone means other than by distributing, giving or selling it, administering it or offering to supply or administer it
R V Hooper and another - a barter or exchange,
IMPORTANT TO KNOW - Define Person
Is gender neutral, accepted by judicial notice or proved by circumstantial evidence
Misuse of Drugs Act 1975 Section 6 (1) (d)
Supplying any Class C controlled drug to person under 18 years
A person under 18 years
Age is an essential element of the charge
Must prove age FOREST & FOREST
Proof of age
Victims birth cert in conjunction with independent evidence that identifies the victim as the person named in the cert
Misuse of Drugs Act 1975 Section 6 (1) (e)
Sell, or offer to sell, any Class C controlled drug to person of or over 18 years.
Misuse of Drugs Act 1975 Section 6 (1) (e) - Sell, or offer to sell, any Class C controlled drug to person of or over 18 years ELEMENTS
Sells
Any class C conrolled drug
To a person of or over 18 years
Misuse of Drugs Act 1975 Section 6 (1) (f)
Possession of controlled drugs for supply has in his possession
Misuse of Drugs Act 1975 Section 6 (1) (f) - Possession of controlled drugs for supply has in his possession ELEMENTS
Has in his possession
Any Controlled drug
For the purpose of supply
Possession
Physical control/ custody of thing
4 Factors to prove in drugs classes
1- Knowledge that the drug exists
2- Knowledge that is is a controlled drug
3- Some degree of control over it
4- An intention to possess it
Proof of possession
Requires proof of both a physical elements and a mental element
R V Cox
Intent - two types
1- Intention to commit the act
2- Intention to get a specific result
Proving intent in drugs cases
1- Admissions
2- Circumstantial evidence (packaging, scales)
3- The statutory presumption under Section 6 (6) (presumptive amounts)
