Drugs

Question 1

Section 6 (1) (a)

Import/Export

Answer 1

Import into OR export from NZ

Any controlled drug

Question 2

Section 6 (1) (b)

Produce/manufacture

Answer 2

Produce OR manufacture

Any controlled drug

Question 3

Section 6(1)(b)

Produce or manufacture

Answer 3

Produce or manufacture

Any controlled drug

Question 4

Section 6 (1) (c)

Supply OR administer OR offer to supply OR administer OR otherwise deal in

Answer 4

Supply OR administer OR offer to supply OR administer OR otherwise deal in

And class A OR class B controlled drug

To any other person

Question 5

Section 6 (1)(d)

Supply OR administer, OR offer to supply OR offer to administer

Answer 5

Supply OR administer, OR offer to supply OR offer to administer

Any class C controlled drug

To a person under 18 years of age

Question 6

Section 6 (1) (e)

Sell OR offer to sell

Any class C controlled drug

Answer 6

To a person of or over 18 years of age

Question 7

Section 6 (1) (f) possession for supply

Have in his possession

Any controlled drug

Answer 7

For any purposes set out in paragraphs (c) (d) or (e) of section 6 (1) MODA1975

Question 8

R v STRAWBRIDGE

Knowledge ..

Answer 8

It is not necessary for the crown to establish knowledge on the part of the accused. In the absence of of evidence to the contrary knowledge on her part will 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 they jury is satisfied beyond reasonable doubt that this was not so.

Question 9

Police v EMERALI

Usable amount; must not be minute

Answer 9

The serious offence of possessing a narcotic does not extend to some minute and useless residue of the substance

Question 10

Presumptive amounts

Answer 10

Cannabis plant - 28 grams or 100 or more cigarettes

Cannabis oil/resin 5 grams

Meth- 5 grams

Cocaine - 0.5 grams

Heroin 0.5 grams

MDMA/Ecstasy- 5 grams 25 tabs

LSD 2.5grams Or 25 flakes

Question 11

To prove posssion of a controlled drug the crown must prove-

Knowledge the drug ………. (e)

Knowledge that it is a ………….. drug (c)

Some degree of …………… over it (c)

An ………….. to posses it (i)

ecci

Answer 11

Exists

Controlled

Control

Intention

Question 12

When is manufacture or production complete.?

6(1) (b)

Answer 12

The offence is complete once the prohibited substance is created whether or not it is in useable form.

In R v RUA
METH in suspension in a two-layered liquid, although not capable of being used in that state, was held to have been manufactured.

Question 13

What was held by the high court in relation to a ‘passive custodian’ and their intent to supply a controlled drug?

Answer 13

The high court held that a ‘passive custodian’ who relinquishes custody of a drug to meet the needs of another, has the necessary intent for supply.

Giving can occur without a positive act of transition , as where a defendant passively permits a person to help himself from a cache of drugs. R v wildbore

Question 14

Pro in that the defendant was in possession of a presumptive amount of a controlled drug may not be enough to secure a conviction for an offence against section 6 (1) (f), MODA 1975.

What other types of evidence may help secure a conviction?

Answer 14

In drug cases, additional evidence of intent to supply may be inferred from

• admissions
• circumstantial evidence
• the statutory presumption amount under section 6 (6)

Question 15

Manufactures..

Is the process of synthesis;…

Answer 15

Combining components or processing raw materials to create a new substance.

Manufactures.