DRUGS - Definitions

Question 1

Imports

Answer 1

Imports - Section 2 Customs & Excise Act 1996

• Means the arrival of goods into New Zealand in any manner,
• Whether lawfully or unlawfully,
• From a point outside New Zealand.

Question 2

Exports

Answer 2

Exports - Section 53 Customs & Excise Act 1996

For the purposes of this Act,

• Exportation is when the craft leaves the last Customs place before proceeding to a point outside New Zealand.

Question 3

Must prove Guilty Knowledge

Answer 3

GUILTY KNOWLEDGE

Must prove that defendant;

• Knew about the drug offending, and
• Knew the substance was a controlled drug, and
• Intended to cause the drug offending.

Question 4

Controlled Drug

Answer 4

Controlled Drug - Section 2, MODA 1975

Any substance, preparation, mixture or article specified or described in schedule 1,2 or 3 to this Act and includes any controlled drug analogue.

Question 5

Controlled Drug Analogue

Answer 5

Controlled Drug Analogue - Section 2, MODA 1975

Any substance that has a structure substantially similar to that of any controlled drug. There are some exceptions.

Question 6

Produce

Answer 6

To Produce

Means to bring something into being or into existence from it’s raw materials or elements.

Question 7

Manufacture

Answer 7

Manufacture

Is the process of synthesis, combining components or processing raw materials to create a new substance.

R v RUA

The words “produce” or “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.

Question 8

Complete

Answer 8

Complete

Offence is complete once the prohibited substance is created, whether or not it is in a useable form.

Question 9

Possession

Answer 9

Possession

Possession may be actual or constructive.

Question 10

Actual Possession & Case Law

Answer 10

Actual Possession

Actual possession arises where the thing in question is in a person’s physical custody; it is on or about their person, or immediately at hand.

WARNER v METROPOLITION POLICE COMMISSIONER

Ideal Possession

Complete physical control over it
Knowledge of its existence, its situation and its qualities

Question 11

Constructive Possession & Case Law

Answer 11

Constructive Possession

Constructive possession arises when something is not in a person’s physical custody, but they have ready access to it or can exercise control over it.

SULLIVAN V EARL OF CAITHNESS

“[Possession includes} not merely those who have physical custody of firearms … but also those who have firearms under their control at their behest, even though for one reason or another they may be kept at [another location].”

Question 12

Possession - Section 2(2), Misuse of Drugs Act 1975

Answer 12

Possession - Section 2(2), Misuse of Drugs Act 1975

Possession includes

• Any thing subject to his control which is in the custody of another.

Question 13

Supply - Section 2, MODA 1975

What is the related case law?

Answer 13

Supply - Section 2, MODA 1975

• Includes to distribute, give or sell.

R V MAGINNIS (supply)

Supply involves more than a mere transfer of physical control, it includes enabling the recipient to use the thing for his own purpose.

Question 14

Administer

Answer 14

BLACK LAW’S DICTIONARY

“administer”

• Is to direct and cause,
• a drug to be taken,
• into the system of another person.

Question 15

Sell

Answer 15

Sell

A quantity or share in a drug is exchanged for some valuable consideration.

Question 16

Presumption of Sale

Answer 16

Presumption of Sale – Section 6(5) MODA 1975

• If a person has supplied a controlled drug
• it shall be deemed to have been sold
• unless proved otherwise.

Question 17

Presumption for supply

Answer 17

Presumption for supply - s6(6) MODA 1975

• If a person is in possession of a controlled drug,
• in an amount, level or quantity for which subsections (1)(c), (d) or (e) apply.
• The controlled drug is presumed for supply.

Question 18

Otherwise deals

Answer 18

Otherwise deals

“Otherwise deals” means to deal in a drug other than by distributing, giving or selling it.

Question 19

Purpose (aim or intention)

Answer 19

Purpose aim or intention.

(c) Supply or administer, or offer to supply or administer or otherwise deal in, any Class A or B controlled drug to another person; OR
(d) Supply or administer, or offer to supply or administer, or otherwise deal in, any Class C controlled drug to a person under 18 years of age; OR
(e) Sell, or offer to sell, any Class C controlled drug to a person of or over 18 years of age;