Drugs Case law / definitions Flashcards
R v STRAWBRIDGE
It is not necessary for the Crown to establish knowledge on the part of the defendant. In the absence of evidence to the country, knowledge on her part will be 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 the jury is satisfied beyond a reasonable doubt that this was not so
Police v EMERALI
the serious offence of possessing a narcotic does not extend to some minute and useless residue of substance
R v RUA
The words “produce” and “manufacture” in s6(1)(b) broadly cover the creation of controlled drugs by some form of process which changes the original substances into a particular controlled drug
R v MAGINNIS
Supply involves more than the mere transfer of physical control…. it includes enabling the recipient to apply the thing for purposes to which he desires
R v DURING
An offer is an intimation by the person charged that he is ready on request to supply to that other drugs of a kind prohibited by the statue
R v BROWN (offers to supply)
The defendant is guilty in the following instances:
1) offers to supply a drug he has on hand
2) offers to supply a drug that will be procured at some future date
3) offers to supply a drug that he mistakenly believes he can supply
4) offers to supply a drug deceitfully, knowing he will not supply that drug
R v BROWN (intimation)
“…..the making of such an intimation, with the intention that it should be understood as a genuine offer, is an offence”
R v McGINTY (heroin / conceivable techniques)
The evidence in the present case of continued heroin dealing, in respect of which the orthodox techniques such as searching premises and following vehicles had been tried without success, was sufficient. A Judge was not required to refuse a warrant because the Police had not exhausted every conceivable alternative technique of investigation
R v McGINTY (disclosure informants)
Disclosure of the identity of informants was not required under the Act, and the trial Judge was correct in deleting from the application certain parts which would have been likely to lead to the identification of informants. However, the trial Judge was entitled to insist on disclosure if he saw fit.
R v COX (possession)
Possession involves two elements. The first, often called the physical element, is actual or potential physical custody or control. The second, often described as the mental element, is a combination of knowledge and intent; knowledge in a sense of awareness by the accused that the substance is in his possession, and an intention to exercise possession.
Imports - sec 2 Customs and Excise Act 1996
Importation;
a) in relation to any goods means the arrival of the goods in NZ in any manner, whether lawfully or unlawfully, from a point outside NZ…..
SAXTON v Police
To import includes to “introduce from abroad or to cause to be brought in from a foreign country”
Exports - sec 53 Customs and Excise Act 1996
Time of Exportation;
For the purposes of this Act, the time of exportation is the time the exporting craft leaves the last place of customs at which that craft calls immediately before proceeding to a point outside NZ
Controlled drug - sec 2 MODA75
A controlled drug means any substance, preparation, mixture or article specified or described in Schedule 1, Schedule 2, or Schedule 3 of this Act and includes any controlled drug analogue
Controlled drug analogue - sec 2 MODA75
Controlled drug analogue means any substance, such as the substances specified or described in part 7 of schedule 3 of this Act, that has a structure substantially similar to that of any controlled drug
Produce
To “produce” means to bring something into being, or to bring something into existence from its raw materials or elements.
eg: separating out cannabis resin (oil) from cannabis plant
Manufacture
Manufacturing is the process of synthesis, combining components or processing raw materials to create a new substance.
eg: manufacturing meth from pseudo, or heroin from morphine
Complete (manufacturing)
The offence is complete once the prohibited substance is created whether or not it is in a useable form.
Possession
Actual custody or control;
Means the person actually has the drug in their custody or control. For example the drug is found in their pocket.
Potential custody or control
sec2(2) MODA75 states: For the purposes of this Act, the things which a person has in his possession include anything subject to his control which is in the custody of another”
Mental Element
Requires knowledge and intention
Supply - s2 MODA75
Supply includes to distribute, give or sell
Administers
Blacklaws Dictionary:
In the context of drug dealing, the appropriate meaning of “administer” is “to direct and cause the drug to be taken into the system” of another person
Sells and Offers to Sell
The prosecution must prove two elements:
- the communicating of an offer to supply or administer a controlled drug (the actus reus)
- the intention that the other person believes the offer to be genuine
Otherwise deals in
the term “otherwise deals in” is aimed at dealing in a drug by some means other than by distributing, giving, or selling it, administering it or offering to supply or administer it”
Dealing with controlled drugs sec6(5) MODA75
For the purposes of (1)(e), if it is proved that a person has supplied a controlled drug to another person he shall until the contrary is proved be deemed to have sold that controlled drug to that other person
Statutory presumption - s6(6) MODA75
For the purposes of (1)(f), a person is presumed until the contrary is proved to be in possession of a controlled drug for any of the purpose in subsection (1)(c), (d) or (e) if he or she is in possession of the controlled drug in an amount, level or quantity at or over which the controlled drug is presumed to be for supply
Class A Controlled drug sec 2 MODA75
Class A controlled drug means the controlled drugs specified or described in Schedule 1 of this Act.
Eg: Cocaine Heroin LSD Meth Magic mushroom
Class B Controlled drug sec 2 MODA75
Class B controlled drug means the controlled drugs specified or described in Schedule 2 of this Act
Eg; Amphetamine GHB Ecstasy Morphine Opium Pseudo
Class C Controlled drug sec 2 MODA75
Class C controlled drug means the controlled drugs specified or described in Schedule 3 of this Act
eg: Cannabis plant Cannabis seeds BZP Controlled drug analogues
Purpose
“Purpose” in this context can be equated to “aim” or “intention”
The relevant intention on the part of the defendant is to supply a controlled drug to others in one of the ways specified in 6(1)(c), (d), or (e)
Intent to Supply
May be inferred from:
- admissions
- circumstantial evidence (packaging, scales, cash, tick books)
- the statutory presumption under 6(6)
R v MAGINNIS
Supply involves more than the mere transfer of physical control…. it includes enabling the person to apply the thing for purposes which he desires”
