Drugs Flashcards
What is section 6(1)(a) and what are the elements?
Import into or export from New Zealand any controlled drug, other than a controlled drug specified or described in part 6 of schedule 3 to this act.
What is section 6(1)(b) and what are the elements?
Produce or manufacture any controlled drug
What is section 6(1)(c) and what are the elements?
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 deal in any such controlled drug.
What is section 6(1)(d) and what are the elements?
Supply or administer, or offer to supply or administer
Any class C controlled drug
To a person under 18 years of age
What is section 6(1)(e) and what are the elements?
Sell, or offer to sell
Any class C controlled drug
to a person of or over 18 years of age
What is section 6(1)(f) and what are the elements?
Have any controlled drug in his possession
for any of the purposes set out in paragraphs (c) (d) or (e).
What is the max imprisonment where the dealing/ importing offence involved a class A drug?
Life imprisonment.
What is the max imprisonment where the dealing/ importing offence involved a class B drug?
14 years.
What is the max imprisonment where the dealing/ importing offence involved a class C drug?
8 years.
What is the definition of import?
What is the relevant case law?
Means the arrival of goods in NZ in any manner, whether lawfully or unlawfully, from a point outside of NZ.
Saxton V Police - to import means to introduce or bring in from abroad, or cause to be brought in from a foreign country.
What was held in R V Hancox?
The bringing of goods into the country or causing them to be brought into the country does not cease as the aircraft or vessel enters NZ’s territorial limits.
The element of importing exists from the time the goods enter NZ until they reach their immediate destination.
Ie. where they have ceased to be under the control of the appropriate authorities and have become available to the consigned or addressee.
What is the men’s rea of importing?
The defendant contributed to the importations and
- knew about the importation
- knew the imported substance was a controlled drug
- intended to cause the importation.
What are the territorial limits for NZ?
12 nautical miles from the land mass of NZ.
What are some well known class A drugs?
Cocaine
Heroin
LSD
Methamphetamine
What are some well know class B drugs?
MDMA
GHB
Opium
Cannabis oil and hash
Morphine
Pseudoephedrine
Amphetamine
What are some well known class C controlled drugs?
Cannabis plant
Cannabis seeds
BZP
What was held in R V Strawbridge?
It is not necessary for the crown to prove knowledge on the part of the accused.
If there is 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.
What was held in Police V Emerali?
Possessing a narcotic does not extend to some minute and useless residue. There must be a useable quantity.
What was held in R V Rua?
Produce and manufacture is the creation of a controlled drug by some form or process which changes the original substances into a particular controlled drug.
What is the definition of produce?
To bring something into existence from its raw materials or elements.
(Eg making cannabis oil from cannabis)
What is the definition of manufacture?
Combining components or processing raw materials to create a new substance.
(Eg creating meth from combining components)
What does it mean to supply?
To furnish something that is needed or desired.
Distribute, give, sell.
What was held in R V Wildbore?
A passive custodian who relinquishes the custody of a drug to meet the needs of another has the necessary intent to supply.
What does administer mean?
Introducing a drug directly into another person’s system.
Eg - heating cannabis resin between two knife blades while another inhales,
or cause a person to consume a date rape drug by slipping it into their drink.
What was held in R V during?
An offer is an indication by a person that he is ready on request to supply drugs.
What was held in R V Brown?
The offer of supply is made with the intention that it should be understood as a genuine offer.
4 types of offer.
What case law is relevant with regards to possession?
R V Cox.
What is some evidence to prove intent with regards to supplying drugs?
Admissions
Circumstantial evidence - packing, scales, cash, tick lists)
Statutory presumption under section 6 (6) - relates to specified amounts considered to be for the purpose of supply.
What is the presumptive amount for meth?
5 grams.
What is the presumptive amount for cannabis?
28 grams or 100 or more cigarettes.
What is the presumptive amount for MDMA?
5 grams or 100 flakes or tablets.
What are the different classes of drugs and why?
They are divided into A, B, or C to show the degree of harm.
List the circumstances in which an offer to supply a controlled drug may occur as held in R V Brown?
- offers to supply a drug that he has on hand
- offers to supply a drug that will be procured in future
- offers to sell a drug that he mistakenly believes he can supply
- offers to sell a drug, knowing he will not supply that drug.
What is a controlled drug as outlined in section 2 of the MODA 1975?
Any substance, preparation, article or mixture (SPAM)
Specified or described in schedule 1, 2 or 3 of the MODA 1975
And includes any controlled drug analogue (drugs similar to above)
What is a drug analogue?
A substance that has a structure substantially similar to that of any controlled drug.
What must the Crown demonstrate in order to prove that a defendant was in possession of a controlled drug?
- knowledge the drug existed
- knowledge it was a controlled drug
- had some degree of control over it
- had an intention to possess the drug.
What is the presumptive amount for cocaine, heroine and opium?
0.5 grams.
What is the presumptive amount for LSD?
2.5 milligrams.
If a presumptive amount is not listed for a particular drug, what is the standard presumptive amount?
56 grams.
