Drugs Liabilities, Case Law and definitions Flashcards
Section 2 Misuse of Drugs Act 1975
Controlled drug definition
Controlled drug means any substance, preparation, mixture or article as specified in schedule 1, 2 and 3 of this act
Section 6(1)(a) Misuse of Drugs Act 1975
Importing / Exporting drugs
- Imports OR Exports from NZ
- Any Controlled drug
Section 6(1)(b) Misuse of Drugs Act 1975
Produce or manufacture any controlled drug
- Produce OR Manufacture
- Any controlled drug
Section 6(1)(c) Misuse of Drugs Act 1975
Supplying any class A or B controlled drug
- Supply OR administer OR offer to supply or administer OR otherwise deal in
- Any class A OR B Controlled drug
- To any other person
Section 6(1)(d) Misuse of Drugs Act 1975
Supplying Class C controlled drug to someone under 18
- Supply OR administer OR offer to supply OR administer OR otherwise deal in
- Any Class C controlled drug
- To a person under the age of 18
Section 6(1)(e) Misuse of Drugs Act 1975
Sell / Offer to sell any class C controlled drug to anyone over 18
- Sell OR offer to sell
- Any class C controlled drug
- To a person over 18
Section 6(1)(f) Misuse of Drugs Act 1975
Possession of controlled drug for supply
- Have in his possession
- Any controlled drug
- For the purposes set out in (c)(d) or (e) of section 6(1) Misuse of Drugs Act 1975
SAXTON V POLICE
Application: Importation
To import includes “to introduce or bring in from abroad or to cause to be brought in from another country”
R V COX
Application: Possession
Possession has two elements; -
- The first, the physical element, is actual or potential physical custody or control
- The second is the mental element, is combination of knowledge and intention; knowledge in the sense of awareness by the accused that the substance is in his possession AND the intention to exercise possession.
R V HANCOX
Application: Importation
“Importation” involves active conduct. It does not cease as the aircraft / vessel enters NZ territory. The process of importation exists from the time the goods enter NZ until they reach their destination or have ceased to be under the control of authorities.
R V RUA
Application: Produce or Manufacture
The words “Produce” OR “Manufacture” in 6(1)(b) broadly cover the creation of controlled drugs by some form of process which changes the original substance into the controlled drug.
NOTE: The offence is complete once the prohibited substance is created. Whether or not it is in a usable form.
R V BROWN
Application: Supply
Offering to supply a controlled drug can arise in a variety of ways. Including where the defendant
- Offers to supply a drug he has on hand
- Offers to supply a drug that he will have procured at a future date
- Offers to supply a drug that he mistakenly believes he can supply
- Offers to supply a drug deceitfully, knowing that he will not supply that
drug.
R V WILDBORE
Application: Passive Custodian
A passive custodian who relinquishes custody of a drug to meet the needs of another, has the necessary intent for supply.
R V STRAWBRIDGE
Application: Guilty knowledge
It is not necessary for the crown to establish knowledge on the part of the accused. If there is no evidence to the contrary then it will be presumed.
DEFENCE: If the accused believes on reasonable grounds that their act was innocent then she is entitled to be acquitted.
POLICE V EMERALI
Application: Usable quantity
The serious offence of possessing a narcotic does not extend to some minute and useless residue of the substance
