Drugs Flashcards
What are some class A drugs
Cocaine
Heroin
LSD
Methamphetamine
What are some class b drugs
Amphetamine Cannabis Preparation GHB (fantasy) MDMA (ectasy Morhine Opium Pseudeophedrine
What are some Class c drugs
Cannabis Plant
Cannabis Seeds
BZP
Controlled drug analogues
What is r V STRAWBRIDGE
It is not necessary for the crown to prove knowledge on the part of the accused. Guilty knowledge. If there is evidence that the accused honestly believed on reasonable grounds they were innocent then they are entitled to be acquitted.
Guilty knowledge is the important part, The defendnant must have it. IE offender growing cannabis plants genuinely believed that they were not cannabis plants.
Police v EMERALI
Is must be a usable quantity in order to be charged under MODA
R V RUA
Produce and manufacture the creation of controlled by some form or process which changes the original substances into a particular controlled Drug
Definition or producing and example
Produce: means to bring something into being or to bring something into existence from its raw materials (Compund) IE Cannabis Leaf into Cannabis Oil.
Definition of Manufacturing
Manufacturing: is the process of synthesis; combining components or processing raw materials to create a new substance; IE METH
When is the offence complete in relation to manufacturing and producing
The offence is completed on both counts as soon as the substance is created even it can not be used IE two lawyer meth.
What does supply mean
means to furnish or provide something that is needed or desired, includes distribution, give and sell.
Definition of distribution
Relates to the supply to multiple people
What does giving mean
Handing over
R V WILDBORE
R V Wildbore: A passive custodian (Telling friend where stash is so they can sort them selves out) owner of drugs who relinquishes custody of a drug to meet the needs of another, has the necessary intent to supply.
Definitions of offer
- Offers to supply a drug the he has on hand
- Offers to supply a drug that he will be procured at some future date
- Offers to supple a drug that he mistakenly believes that he can supply.
- Offers to supply a drug deceitfully, knowing he will not supply that drug.
R V During and R V BROWN
R V DURING:
is the act of offering to supply drugs (actus reus)
R V BROWN
The offer is made with the intent to make the buyer believe they are getting sold drugs (Mens Rea)
R V FOREST and FOREST
The best evidence should be given when proving age IE Birth cert and person that ID child IE Parent.
R V COX
The physical element broken into actual possession or potential possession and the second element is mental that is knowledge and intention to posses the item.
Saxton v Police
Definition to importing, to introduce or bring in from abroad or to be brought in from a foreign country.
R V HANCOX
As soon as a controlled drug or substance has been brought past the NZ boarder IE 12 Nautical miles the offence of importation has been considered complete. The transit period ends when they have ceased to be under the control of the appropriate authorities and available to the consignee or addressee.
Only the importer can be charged with importing not a conduit that uplifts IE from a post office.
What is the act, Heading and section for Selling Cannabis over 18 and elements
Dealing with controlled drugs S6(1)(e) MODA 1975
Sell/Offer to sell
Any class C Controlled Drug
To a person over the age 18
What is the act, Heading and section for Selling Cannabis under 18 and elements
Dealing with controlled drugs S6(1)(d) MODA 1975
Sell/Offer to sell
Any class C Controlled Drug
To a person under the age 18
What is the act, Heading and section for supply any class A or A
Dealing with controlled drugs S6(1)(c) MODA 1975
Supply or offer to supply (administer)
Any Class A or B drug
to any person
What is the act, Heading and section for producing/manufacturing any controlled drug
Dealing with controlled drugs S6(1)(b) MODA 1975
Produce/Manufacture
Any controlled drug.
What is the act, Heading and section import/export
Dealing with controlled drugs S6(1)(a) MODA 1975
Import into/ Export out of New Zealand
any controlled drug
what do we need to put for any controlled drugs IE Cannabis
Cannabis is a class C drug under schedule 3 of the MODA 1975
what do we need to put for any controlled drugs IE MDMA
MDMA is a class b Drug under schedule 2 of the MODA 1975
what do we need to put for any controlled drugs IE Meth
Meth is a class a Drug under schedule 1 of the MODA 1975
Mens rea for importing
Know about the importation
knew the imported substance was a controlled drug and
intended to cause the importation
what is the presumption for supply of:
Meth
Cannabis
Meth is 5 Grams
Cannabis is 28 grams or 100 or more cigarettes
