DRUGS - Ingredients => Definitions Flashcards
Imports into
OR
Exports out of New Zealand
Imports - Section 2 Customs & Excise Act 1996
In relation to any goods, means the arrival of goods into New Zealand in any manner, whether lawfully or unlawfully, from a point outside New Zealand.
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 New Zealand and is an ongoing process. It ends when the goods become available to the consignee.
Exports - Section 53 Customs & Excise Act 1996
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.
Must prove Guilty Knowledge
Prove that 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.
RTS
Any Controlled Drug
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.
RTS
Produce
OR
Manufacture
Produce
To bring something into being, or to bring something into existence from it’s raw materials or elements.
OR
Manufacture
The process of synthesis, combining components or processing raw materials to create a new substance.
R v RUA
The words ‘produce or manufacture’ are to be read as complementary and to broadly cover the process of the creation of controlled drugs.
Complete
Offence is complete once the prohibited substance is created, whether or not it is in a useable form.
Must prove Guilty Knowledge
Prove that 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.
POLICE V EMERALI
In any drug offence the quantity of drug involved must be measurable and useable.
The serious offences of possessing a narcotic does not extend to some minute and useless residue of the substance
RTS
Supplies
OR
Administers
OR
Offers to supply or administer
OR
Otherwise deals
Supply - Section 2, MODA 1975
Includes to distribute, give or sell.
R v MAGINNIS
Supply involves more than a mere transfer of physical control, it includes enabling the recipient to apply the thing to purposes for which he desires.
.
OR
Administer
BLACK LAW’S DICTIONARY
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.
OR
Offers to supply
R v DURING
An offer is an intimation by the person chaged to another that he is ready on request to supply to the other person drugs of a kind prohibited by the statute
Offering to supply
- Offers to supply he has on hand
- Offers to supply a drug that will be procured at some future date
- Offers to supply a drug he mistakenly beleives he can supply
- Offers to supply a drug deceitfully, knowing that he cannot supply that drug
Supply – Section 2, MODA ’75
Includes to distribute, give or sell.
OR
Offer to Administer
R V DURING
Intention is that the person will believe a real offer has been made.
Offering to Administer
- Offers to administer he has on hand
- Offers to administer a drug that will be procured at some future date
- Offers to administer a drug he mistakenly beleives he can supply
- Offers to administer a drug deceitfully, knowing that he cannot supply that drug
BLACK LAW’S DICTIONARY
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.
OR
Otherwise deals in
The term ‘otherwise deals in’ in paragraph (c) is aimed at dealing in a drug other than by distributing, giving or selling it, administering it, or offering to supply or administer it.
Must prove Guilty Knowledge
Must prove that defendant;
Knew about the [supply/administering/offer], and
Knew the [supply/administering/offer] substance was a controlled drug, and
Intended to cause the [supply/administering/offer]
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.
POLICE V EMERALI
In any drug offence the quantity of drug involved must be measurable and useable.
The serious offences of possessing a narcotic does not extend to some minute and useless residue of the substance
RTS
Class A/B controlled Drug
Class A Controlled Drug – Section 2, MODA ‘75
Means any controlled drugs specified or described in Schedule 1 of Misuse of Drugs Act 1975
**Or **
Class B Controlled Drug -
Means any controlled drugs specified or described in the Schedule 2 of Misuse of Drugs Act 1975
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.
RTS
To any person
Person
Gender neutral, proven by judicial notice or circumstantial evidence.
RTS
To person under 18 years of age
Person
Gender neutral, proven by judicial notice or circumstantial evidence.
Proof of Age
Generally done by production of birth certificate along with evidence given to identify them as the person named on the certificate.
R v FORREST AND FORREST
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victim’s age.
RTS
Class C controlled Drug
Controlled Drug - Section 2, MODA 1975
Means any substance, preparation, mixture or article specified or described in schedule 1,2 or 3 of the Misuse of Drugs Act 1975 and includes any controlled drug analogue.
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
Class C Controlled Drug - Section 2, MODA 1975
Any controlled drug specified or described in schedule 3 to this Act and includes any controlled drug analogue.
To a person of or over 18 years of age
Person
Gender neutral, proven by judicial notice or circumstantial evidence.
Proof of Age
Generally done by production of birth certificate along with evidence given to identify them as the person named on the certificate.
R v FORREST AND FORREST
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victim’s age.
RTS
Has in his Possession
Possession
Possession may be actual or constructive.
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
The term “possession” must be given a sensible and reasonable meaning in its context. Ideally, a possessor of a thing has:
- Complete physical control over it
- Knowledge of its existence, its situation and its qualities
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.
Constructive:
Constructive possession arises when something is not in a person’s physical custody but they have ready access to it or can excercise control over it.
Possession - Section 2(2), Misuse of Drugs Act 1975
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.
For any of the purposes set out in paragraphs (c) (d) or (e)
**(c) ** 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;
OR
(d) Supply or administer, or offer to supply or administer, 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;
Must prove Guilty Knowledge
Prove that defendant;
- Knew about the drug possession, and
- Knew the possessed substance was a controlled drug, and
- Intended to carry out either (c), (d), or (e)
POLICE v EMERALI
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 or useless residue of the substance
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.
Sells
OR
Offers to sell
Sells
A sale occurs when a quantity or share in a drug is exchanged for some valuable consideration. This will commonly be money, but any valuable consideration will suffice
Dealing with controlled drugs
For the purposes of 6(1)(e) if it is proved that a person has supplied a controlled drug to another person he shall, untill the contrary is proved, be deemed to have sold that controlled drug to that person
OR
Offers to Sell
The prosecution must prove two elements:
- The communicating of an offer to sell a controlled drug (actus reas) and
- the intention that the other person beleives the offer to be genuine (the mens rea)
Offers to supply
R v DURING
An offer is an intimation by the person chaged to another that he is ready on request to supply to the other person drugs of a kind prohibited by the statute
Offering to supply
- Offers to supply he has on hand
- Offers to supply a drug that will be procured at some future date
- Offers to supply a drug he mistakenly beleives he can supply
- Offers to supply a drug deceitfully, knowing that he cannot supply that drug
—– include in both
Must prove Guilty Knowledge
Must prove that defendant;
Knew about the [supply/administering/offer], and
Knew the [supply/administering/offer] substance was a controlled drug, and
Intended to cause the [supply/administering/offer]
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.
POLICE V EMERALI
In any drug offence the quantity of drug involved must be measurable and useable.
The serious offences of possessing a narcotic does not extend to some minute and useless residue of the substance
