DRUGS - Legislation Flashcards
Import/Export Controlled Drug
Import/Export Controlled Drug
s6(1)(a) Misuse of Drugs Act 1975 -
PENALTY Life/14 years/8Years
- Imports Into OR Exports From NZ
SAXTON v POLICE
R v HANCOX
R v STRAWBRIDGE
- Any Controlled Drug
POLICE v EMERALI
Produce/Manufacture Controlled Drug
Produce/Manufacture Controlled Drug
s6(1)(b) Misuse of Drugs Act 1975
PENALTY Life/14 years/8Years
- Produce OR manufacture
R v RUA
R v STRAWBRIDGE
- Any Controlled Drug
R v EMERALI
SUPPLY CLASS A/B CONTROLLED DRUG
SUPPLY ADMINISTER/OFFER TO SUPPLY OR ADMINISTER CLASS A/B CONTROLLED DRUG
s6(1)(c) Misuse of Drugs Act 1975
PENALTY Life/14 years
- Supplies OR Administers OR Offers to Supply/Administer OR otherwise deals
R v MAGINNIS
BLACK LAW’S DICTIONARY
R v DURING
R v BROWN
- Class A/B controlled Drug
POLICE V EMERALI
R v STRAWBRIDGE
- To any person
SUPPLY CLASS C CONTROLLED DRUG TO PERSON UNDER 18 YEARS
SUPPLY CLASS C CONTROLLED DRUG TO PERSON UNDER 18 YEARS
s6(1)(d) Misuse of Drugs Act 1975
PENALTY 8 years
- Supplies OR Administers OR Offers to Supply/Administer OR otherwise deals
R v MAGINNIS
BLACK LAW’S DICTIONARY
R v DURING
R v BROWN
- Class C controlled Drug
POLICE V EMERALI
R v STRAWBRIDGE
- To person under 18 years of age
R v FORREST AND FORREST
SELL CLASS C CONTROLLED DRUG TO PERSON OF OR OVER 18 YEARS
SELL/OFFER TO SELL CLASS C CONTROLLED DRUG TO PERSON OF OR OVER 18 YEARS
s6(1)(e) Misuse of Drugs Act 1975
PENALTY 8 years
- Sells OR Offers to Sell
R v DURING
R v BROWN
R v STRAWBRIDGE
- Class C controlled drug
POLICE V EMERALI
- To a person of or over 18 years of age
R v FORREST AND FORREST
POSSESSION OF CONTROLLED DRUG FOR SUPPLY
POSSESSION OF CONTROLLED DRUG FOR SUPPLY
s6(1)(f) Misuse of Drugs Act 1975
PENALTY 8 years
- Possession of
WARNER v METROPOLITION POLICE COMMISSIONER
- Any controlled drug
- For any of the purposes set out in paragraph (c), (d) or (e)
POLICE V EMERALI
R V STRAWBRIDGE
s6(2A) Misuse of Drugs Act 1975
s6(2A) Misuse of Drugs Act 1975
(2A) Everyone who conspires with any other person to commit an offence against subsection (1) of this section commits an offence against this Act and is liable on conviction to imprisonment for a term:
- 14 years where a class A controlled
- 10 years where a Class B controlled
- 7 years in any other case.
Equipment, material, and substances used in production or cultivation of controlled drugs
Section 12A(1) Misuse of Drugs Act 1975 - 7 Years
(1) Supplies, produces, or manufactures—
(a) Any equipment or material — that is capable of being used in an offence against section 6(1)(b) or section 9 ; or
(b) Any precursor substance — Knowing that the equipment, material, or substance is to be used in an offence against those provisions
What must be proven?
That the defendant has:-
- Supplied, produced or manufactured equipment, material or precursors;
- Capable of being used in the production or manufacture or cultivation of controlled drugs;
- And knew those items are to be used by another person
Possession of Equipment, material, and substances used in production or cultivation of controlled drugs
Section 12A(2) Misuse of Drugs Act 1975 - 5 Years
(2) Has in his or her possession—
a) Any equipment or material that is capable of being used in an offence against section 6(1)(b) or section 9 ; or
(b) Any precursor substance— with the intention that the equipment, material, or substance is to be used in the commission of an offence against that provision
What must be proven?
That the defendant has:-
- Equipment, material or precursors in his possession;
- Capable of being used in the production, manufacture or cultivation of controlled drugs.
- And intends that those items are to be used either by himself or another person
