Drugs Flashcards
IMPORT/EXPORT CONTROLLED DRUG
Section 6 (1)(a)
Misuse of Drugs Act 1975
Life/14 Years/8 Years
Imports OR Exports
Any controlled Drug
Into NZ OR out of NZ
PRODUCE/MANUFACTURE CONTROLLED DRUG
Section 6 (1)(b)
Misuse of Drugs Act 1975
Life/14 Years/8 Years
Produce OR Manufacture
Any Controlled Drug
SUPPLY ADMINISTER/OFFTER TO SUPPLY OR ADMINISTER CLASS A/B CONTROLLED DRUG
Section 6 (1)(c)
Misuse of Drugs Act 1975
Life/14 Years/8 Years
Supplies OR Administer OR Offers to supply or administer OR otherwise deals Class A/B Controlled Drug To any Person
SUPPLY CLASS C CONTROLLED DRUG TO PERSON UNDER 18 YEARS
Section 6 (1)(d)
Misuse of Drugs Act 1975
8 Years
Supplies OR Administer OR Offers to supply or administer OR Otherwise deals Class C Controlled Drug To person under 18 years of age
SELL/OFFER TO SELL CLASS C CONTROLLED DRUG TO PERSON OF OR OVER 18 YEARS
Section 6 (1)(e)
Misuse of Drugs Act 1975
8 Years
Sells OR Offers to Sell
Class C Controlled Drug
To a person of or over 18 years of age
POSSESSION OF CONTROLLED DRUG FOR PURPOSE 6(1) (c), (d) or (e)
Section 6 (1)(f)
Misuse of Drugs Act 1975
Life/14 Years/8 Years
Has in his possession
Of any Controlled Drug
For any of the purposes set out in paragraphs (c) (d) or (e)
Define of ‘Imports and Exports’
Imports - The arrival of goods into New Zealand, whether lawfully or unlawfully.
SAXTON V POLICE
Includes to introduce from abroad or cause to be brought in from a foreign country.
R V HANCOX
Importation starts when the goods enter NZ and is an ongoing process. It ends when the goods become available to the consignee.
Exports - 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 NZ.
What must be proven for ‘Import or Export’
Must prove Guilty Knowledge
Prove the defendant:
Knew about the drug offending and
Knew the substance was a controlled drug and
Intended to cause the drug offending.
R V STRAWBRIDGE
If 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.
Define to ‘Produce or Manufacture’
Produce - To bring something into being, or to bring something into existence from its raw materials or elements.
Manufacture - The process of synthesis, combining components or processing raw materials to create a new substance.
R V RUA
The statue is not intended to create separate crimes of producing or manufacturing a controlled drug. Rather we are inclined to view that the words are to be read as complimentary and to broadly cover the process of the creation.
Define ‘Supply, Administer, Offer to Administer OR otherwise Deals’
Supply - Includes to distribute, give or sell.
R V MAGINNIS - Involves more than the mere transfer of physical control, it includes enabling the recipient to apply the thing to purposes for which he desires.
R V DONALD - ‘The distribution of… jointly owned property amongst it’s co-owners… ‘ is caught within the meaning of supply.
R V KNOX - Giving includes giving back
Administer - Is to direct and cause a drug to be taken into the system of another person.
Offers to Supply - Intention is that the person will believe a real offer has been made.
R V BROWN
- Have drug/intend to supply/offer to supply
- Dont have drug/intend to get/offer to supply
- Think have drug but dont/offer to supply
- Pretend to have drug/offer to supply.
Or otherwise Deals - Includes bartering or exchanging.
How is ‘Possession’ established?
Possession mat be actual or constructive.
See meaning of Actual V Constructive in Deception.
WARNER V MET POLICE
The term ‘possession’ must be given a sensible and reasonable meaning in its context, ideally a possesser of a thing has:
- Complete physical control over it
- Knowledge of its existence, its situation and its qualities.
Name 5 Class B Drugs
Cannabis (includes hash and resin) Amphetamine MDMA Morphine Opium
Name 3 Class C Drugs
Cannabis Plant (Fresh or Dried)
Cannabis Seed
Part 2 - Codeine
What are the useable amounts/ presumed for supply of Class A and B Drugs
A -
Cocaine, Heroin (Half a gram)
Methamphetamine (5 grams)
B - Cannabis Preparation (Hash, Resin) (5 grams)
C - Cannabis Plant (28 grams)
Anything not listed in schedule 5, clause 1 is presumed to be 56 grams for supply.
