Drugs offences

Question 1

Drug Dealing - Importing/Exporting (Elements)

Answer 1

Drug dealing
Section 6(1)(a) Misuse of drugs Act 1975
* Import into or Export out of New Zealand
* Any Controlled drug

Question 2

Import (Definition)

Answer 2

Means the arrival of the goods in New Zealand in any manner, whether lawfully or unlawfully, from a point outside New Zealand - Section 5 Customs & Excise Act 2018

Question 3

Import (Case Law)

Answer 3

SAXTON V POLICE:
To import includes “to introduce or bring in from abroad or to cause to be brought in from a foreign country”.

R V HANCOX
“Importation“ exists from the time the goods enter New Zealand until they reach their destination and have become available to the consignee or addressee”.

Question 4

Mens rea Importing

Answer 4

The Crown must prove the Defendant
• knew about the importation, and
• knew the imported substance was a controlled drug, and
• intended to cause the importation.

Question 5

New Zealand (Definition)

Answer 5

Means the land and the waters enclosed by the outer limits of the
territorial sea of New Zealand - Section 5 Customs & Excise Act 2018

Question 6

Export (Definition)

Answer 6

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 - Section 53 Customs & Excise Act 1996

Question 7

Controlled drug (Definition)

Answer 7

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 - Section 2 MODA 1975

Question 8

Guilty knowledge (Case law)

Answer 8

R v STRAWBRIDGE:
It is not necessary for the Crown to establish knowledge on the part of the accused.

Question 9

Usable quantity (Case Law)

Answer 9

POLICE V EMERALI:
possessing a narcotic does not extend to some minute
and useless residue of the substance.”

Question 10

Drug Dealing - Produce/ Manufacture (Elements)

Answer 10

Drug dealing
Section 6(1)(b) MODA 1975
* Produce or Manufacture
* Any controlled drug

Question 11

Produce/Manufacture (Case Law)

Answer 11

R V RUA
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.

Question 12

Produce/Manufacture offence complete

Answer 12

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

Question 13

Produce (Definition)

Answer 13

Bring something into being, or existence from its raw materials or elements

Produce includes compound and production has a corresponding meaning - Section 2 MODA 1975

Question 14

Manufacturing (Definition)

Answer 14

The process of synthesis; combining components or processing raw materials to
create a new substance.

Question 15

Drug dealing - Supply (Elements)

Answer 15

Drug Dealing
Section 6(1)(c) MODA 1975
* Supply or Administer or Offer to supply or administer or Otherwise deal in
* Any class A controlled drug or class B controlled drug
* To any other person

Question 16

Supply ( Definition)

Answer 16

Supply includes distribute, give, and sell - Section 2 MODA 1975

Question 17

Supply (Case Law)

Answer 17

R V DONALD:
supply includes the distribution of jointly owned property between its co-owners.

R V WILDBORE
a “passive custodian” who relinquishes custody of a drug to meet the needs of
another, has the necessary intent for supply.

R v MAGINNIS
Supply includes more than the mere transfer of physical control. It includes enabling the recipient to apply the thing to purposes which he desires

Question 18

Administer (Definition)

Answer 18

“to direct and cause a drug to be taken into the system” of another person.

Question 19

Offer to supply or Administer (Intent)

Answer 19

The prosecution must prove two elements:
- The communicating of an offer to supply or administer a controlled drug
- An intention that the other person believes the offer to be genuine

Question 20

Offer (Case Law)

Answer 20

R V DURING
“[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 BROWN
The Defendant is guilty on the following instances; Offer to supply a drug on hand, Offer to supply a drug that will be procured at a future date, Offer to supply a drug he mistakenly believes he can, Offer to supply a drug knowing he will not supply that drug

The making of such an intimation with the intention that it should be understood as a genuine offer is an offence

Question 21

Otherwise deals in (Definition)

Answer 21

dealing in a drug by some means other than by distributing, giving or selling it, administering it or offering to supply or administer it

Question 22

Class A Controlled drug (Definition)

Answer 22

Class A controlled drug means the controlled drugs specified or described in Schedule 1 to this Act - Section 2 MODA 1975

Question 23

Class B controlled drug - (Definition)

Answer 23

Class B controlled drug means the controlled drugs specified or described in Schedule 2 to this Act - Section 2 MODA 1975

Question 24

Drug dealing - U/18 (Elements)

Answer 24

Drug Dealing
Section 6(1)(d) MODA 1975
* Supply or Administer or Offer to supply or administer
* Any class C controlled drug
* To a person under 18

Question 25

Class C controlled drug (Definition)

Answer 25

Class C controlled drug means the controlled drugs specified or described in Schedule 3 to this Act; and includes any controlled drug analogue - Section 2 MODA 1975

Question 26

To a person u/18 years of age (Case Law)

Answer 26

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.”

Question 27

Drug dealing - 18+ (Elements)

Answer 27

Drug dealing
Section 6(1)(e) MODA 1975
* Sell or offer to sell
* Any class C drug
* To a person of or over 18 years of age

Question 28

Sells (Definition)

Answer 28

If it is proved that a person has supplied a controlled drug to another person - Section 6 MODA 1975

Question 29

Drug dealing - Possession controlled drug supply (Elements)

Answer 29

Section 6(1)(f) Misuse of drugs Act 1975
- Have in his possession
- Any controlled drug
- For any of the purposes set out in paragraph (c), (d) or (e) of section 6(1) MODA 1975

Question 30

Possession in drug cases

Answer 30

It is necessary for the Crown to prove that the defendant had:
• knowledge that the drug exists
• knowledge that it is a controlled drug
• actual physical control or some degree of control over it
• an intention to possess it

Question 31

Possession (Case Law)

Answer 31

R V COX
Actual or potential custody or control and a knowledge in the sense of awareness by the accused that the substance is in his possession

Question 32

Dealing with Controlled Drugs - Conspiring (Elements)

Answer 32

MODA 1975 Section 6(2A)
- Every person
- Who conspires with any other person
- To commit an offence against subsection (1) commits an offence against this act

Question 33

Equipment, material and substances used in production or cultivation of controlled drugs (Elements) - 12A(1)

Answer 33

MODA 1975 Section 12A
(1) Every person commits an offence against this act who Supplies, Produces or Manufactures
(a) Any equipment or material that is capable of being used in or for the commission of 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 or for the commission of an offence against those provisions.

Question 34

Equipment, material and substances used in production or cultivation of controlled drugs (Elements) - 12A(2)

Answer 34

MODA 1975 Section 12A
(2) Every person commits an offence against this act who has in his possession
(a) Any equipment or material that is capable of being used in, or for, the commission of 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 or for the commission of an offence against that provision.

Question 35

Charges under 12A(1) Crown must prove three elements

Answer 35

• That the defendant has supplied, produced or manufactured equipment,
  material or precursors
• That those items are capable of being used in the production or
  manufacture of controlled drugs, or the cultivation of prohibited plants
• That the defendant knows those items are to be used for such an offence by
  another person.

Question 36

Precursor Substance (Definition)

Answer 36

MODA 1975 Section 2
Means any substance specified or described in Part 1, 2 or 3 of Schedule 4

Question 37

Cultivation of prohibited plants (Elements)

Answer 37

MODA 1975 Section 9
(1) Except pursuant to a licence under this Act, or as otherwise permitted by regulations made under this Act, no person shall cultivate any prohibited plant

Question 38

Use of premises or vehicle (Elements)

Answer 38

MODA 1975 Section 12
(1) Every person commits an offence against this Act who knowingly permits any premises or [any vessel, aircraft, hovercraft, motor vehicle, or other mode of conveyance] to be used for the purpose of the commission of an offence against this Act.

Question 39

Obstruction of officers

Answer 39

MODA 1975 Section 16
Every person commits an offence who wilfully obstructs, hinders, resists or deceives any person in the execution of any power pursuant to this act