Drugs Definitions Flashcards
Imports into
or
Exports from
New Zealand
IMPORTS
(a) in relation to any goods, means the arrival of the goods in New
Zealand in any manner, whether lawfully or unlawfully, from a point
outside New Zealand
SEC. 2 CUSTOMS AND EXCISE ACT 1996
To import includes “to introduce from abroad or to cause to be brought
in from a foreign country”.
SAXTON v POLICE
The element of importing exists from the time the goods enter New
Zealand until they reach their immediate destination … [ie] when they
have ceased to be under the control of the appropriate authorities and
have become available to the consignee or addressee”.
R v HANCOX
OR
EXPORTS
Time of exportation
For the purposes of this Act, 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 New Zealand.
SEC. 53 CUSTOMS AND EXCISE ACT 1996
MUST PROVE GUILTY KNOWLEDGE:
This will involve proof that the defendant:
· knew about the importation/exportation, and
· knew the imported/exported substance was a controlled drug,
and
· intended to cause the importation/exportation
It is not necessary for the Crown to establish knowledge on the part of
the accused. In the absence of evidence to the contrary 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 reasonable doubt that this was not so.
R v STRAWBRIDGE
USEABLE AMOUNT
In any drug offence the quantity of drug involved must be measurable
and useable.
“…the serious offence of … possessing a narcotic does not extend to
some minute and useless residue of the substance”.
POLICE v EMERALI
Any Controlled drug
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.
SEC 2 MODA 1975
Produce
or
Manufacture
PRODUCE
To “produce” means to bring something into being, or to bring something into
existence from its raw materials or elements.
OR
MANUFACTURE
Manufacturing is the process of synthesis; combining components or processing
raw materials to create a new substance.
The words “produce” or “manufacture” in s 6(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 RUA
COMPLETE
The offence is complete once the prohibited substance is created, whether or
not it is in a useable form.
MUST PROVE GUILTY KNOWLEDGE:
This will involve proof that the defendant:
· knew about the importation/exportation, and
· knew the imported/exported substance was a controlled drug,
and
· intended to cause the importation/exportation
It is not necessary for the Crown to establish knowledge on the part of
the accused. In the absence of evidence to the contrary 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 reasonable doubt that this was not so.
R v STRAWBRIDGE
USEABLE AMOUNT
In any drug offence the quantity of drug involved must be measurable
and useable.
“…the serious offence of … possessing a narcotic does not extend to
some minute and useless residue of the substance”.
POLICE v EMERALI
Supplies or Administers Or Offers to Supply Or Offers to Administer Or Otherwise deals in
Supply
Includes to distribute, give or sell.
SEC 2 MODA 1975
Supply 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 MAGINNIS
OR
ADMINISTERS
In the context of drug dealing, the appropriate meaning of “administer” is “to
direct and cause a … drug to be taken into the system” of another person.
BLACK’S LAW DICTIONARY
OR
OFFERS
Express readiness to do something for or on behalf of someone.
OXFORD DICTIONARY
OFFERS TO SUPPLY
“[An offer is] an intimation by the person charged to another that he is ready
on request to supply to that other, drugs of a kind prohibited by the statute”.
R v DURING
OFFERING TO SUPPLY
· offers to supply a drug that he has on hand
· offers to supply a drug that will be procured at some future date
· offers to supply a drug that he mistakenly believes he can supply
· offers to supply a drug deceitfully, knowing he will not supply that drug
R v BROWN
SUPPLY
Includes to distribute,give or sell.
SEC 2 MODA 75
OR
OFFERS
Express readiness to do something for or on behalf of someone.
OXFORD DICTIONARY
ADMINISTERS
In the context of drug dealing, the appropriate meaning of “administer” is “to
direct and cause a … drug to be taken into the system” of another person.
BLACK’S LAW DICTIONARY
OR
OTHERWISE DEALS IN
The term “otherwise deals” in paragraph (c) 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
MUST PROVE GUILTY KNOWLEDGE:
This will involve proof that the defendant:
· knew about the importation/exportation, and
· knew the imported/exported substance was a controlled drug,
and
· intended to cause the importation/exportation
It is not necessary for the Crown to establish knowledge on the part of
the accused. In the absence of evidence to the contrary 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 reasonable doubt that this was not so.
R v STRAWBRIDGE
USEABLE AMOUNT
In any drug offence the quantity of drug involved must be measurable
and useable.
“…the serious offence of … possessing a narcotic does not extend to
some minute and useless residue of the substance”.
POLICE v EMERALI
Class A or B
Controlled drug
CLASS A CONTROLLED DRUG
Means any controlled drugs specified or described in Schedule 1 to this Act.
SEC 2 MODA 1975
OR
CLASS B CONTROLLED DRUG
Means any controlled drugs specified or described in Schedule 2 to this Act.
SEC 2 MODA 75
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.
SEC 2 MODA 75
Class C Controlled
drug
CLASS C CONTROLLED DRUG
Means the controlled drugs specified or described in Schedule 3 to this Act,
and includes any controlled drug analogue.
SEC 2 MODA 75
CONTROLLED DRUG
Means any substance, preparation, mixture or article specified or described
in Schedule 1, Schedule 2, or Schedule 3 to this Act and includes any
controlled drug analogue.
SEC 2 MODA 75
Sells
OR
Offers to sell
SELL
A sale occurs when a quantity or share in a drug is exchanged for some
valuable consideration. Will commonly be money, but anything of value will
suffice
DEALING WITH CONTROLLED DRUGS
For the purposes of paragraph (e) of subsection (1) of this section, 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.
SEC 6(5) MODA 75
OR
OFFERS
Express readiness to do something for or on behalf of someone.
OXFORD DICTIONARY
OFFERS TO SELL
The prosecution must prove two elements:
- the communicating of an offer to sell a controlled drug (the actus reus)
and
an intention that the other person believes the offer to be genuine (the mens rea)
MUST PROVE GUILTY KNOWLEDGE:
This will involve proof that the defendant:
· knew about the importation/exportation, and
· knew the imported/exported substance was a controlled drug,
and
· intended to cause the importation/exportation
It is not necessary for the Crown to establish knowledge on the part of
the accused. In the absence of evidence to the contrary 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 reasonable doubt that this was not so.
R v STRAWBRIDGE
USEABLE AMOUNT
In any drug offence the quantity of drug involved must be measurable
and useable.
“…the serious offence of … possessing a narcotic does not extend to
some minute and useless residue of the substance”.
POLICE v EMERALI
Has in his
possession
(Drug Dealing)
POSSESSION
Possession involves two elements. The first, the physical element, is actual
or potential physical custody or control. The second, the mental element, is
a combination of knowledge and intention: knowledge in the sense of an
awareness by the accused that the substance is in his possession; and an
intention to exercise possession.
R v COX
Possession may be actual or potential
ACTUAL POSSESSION
Means that the person actually has the drug in their custody or control
OR
POTENTIAL POSSESSION
Potential possession arises when the person has the potential to have the
thing in question in their control
For the purposes of this Act, the things which a person has in his
possession include any thing subject to his control which is in the custody of
another.
SEC 2(2) MODA 75
For any of the
purposes set out in
paras (c), (d) or (e)
(Drug Dealing)
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;
SEC. 6(1)(c), MODA 75
OR
Supply or administer, or offer to supply or administer, any Class C
controlled drug to a person under 18 years of age;
SEC. 6(1)(d), MODA 75
OR
Sell, or offer to sell, any Class C controlled drug to a person of or over 18
years of age;
SEC. 6(1)(e), MODA 75
DEALING WITH CONTROLLED DRUGS - PRESUMPTION
For the purposes of subsection (1)(f), a person is presumed until the
contrary is proved to be in possession of a controlled drug for any of the
purposes 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 (see section 2(1A)).
SEC. 6(6) MODA 1975
MUST PROVE GUILTY KNOWLEDGE:
This will involve proof that the defendant:
· knew about the importation/exportation, and
· knew the imported/exported substance was a controlled drug,
and
· intended to cause the importation/exportation
It is not necessary for the Crown to establish knowledge on the part of
the accused. In the absence of evidence to the contrary 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 reasonable doubt that this was not so.
R v STRAWBRIDGE
USEABLE AMOUNT
In any drug offence the quantity of drug involved must be measurable
and useable.
“…the serious offence of … possessing a narcotic does not extend to
some minute and useless residue of the substance”.
POLICE v EMERALI
To Any Person
Gender Neutral. Proven by Judicial notice or circumstantial evidence
To any person under the age of 18 years old
Person:
Gender neutral. Proved by judicial notice or circumstantially.
Proving Age:
The best evidence possible in the circumstances should be adduced by the prosecution in proof of [the victim’s] age”.
R v FORREST AND FORREST
In practice this generally involves producing the victim’s birth certificate in
conjunction with independent evidence that identifies the victim as the
person named in the certificate.
To any person of or over the age of 18 years old
Person:
Gender neutral. Proved by judicial notice or circumstantially.
Proving Age:
The best evidence possible in the circumstances should be adduced by the prosecution in proof of [the victim’s] age”.
R v FORREST AND FORREST
In practice this generally involves producing the victim’s birth certificate in
conjunction with independent evidence that identifies the victim as the
person named in the certificate.
