Drugs offences Flashcards
Drug Dealing - Importing/Exporting (Elements)
Drug dealing
Section 6(1)(a) Misuse of drugs Act 1975
* Import into or Export out of New Zealand
* Any Controlled drug
Import (Definition)
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
Import (Case Law)
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”.
Mens rea Importing
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.
New Zealand (Definition)
Means the land and the waters enclosed by the outer limits of the
territorial sea of New Zealand - Section 5 Customs & Excise Act 2018
Export (Definition)
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
Controlled drug (Definition)
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
Guilty knowledge (Case law)
R v STRAWBRIDGE:
It is not necessary for the Crown to establish knowledge on the part of the accused.
Usable quantity (Case Law)
POLICE V EMERALI:
possessing a narcotic does not extend to some minute
and useless residue of the substance.”
Drug Dealing - Produce/ Manufacture (Elements)
Drug dealing
Section 6(1)(b) MODA 1975
* Produce or Manufacture
* Any controlled drug
Produce/Manufacture (Case Law)
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.
Produce/Manufacture offence complete
The offence is complete once the prohibited substance is created, whether or not it is in a useable form.
Produce (Definition)
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
Manufacturing (Definition)
The process of synthesis; combining components or processing raw materials to
create a new substance.
Drug dealing - Supply (Elements)
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
Supply ( Definition)
Supply includes distribute, give, and sell - Section 2 MODA 1975
Supply (Case Law)
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
Administer (Definition)
“to direct and cause a drug to be taken into the system” of another person.
Offer to supply or Administer (Intent)
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
Offer (Case Law)
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
Otherwise deals in (Definition)
dealing in a drug by some means other than by distributing, giving or selling it, administering it or offering to supply or administer it
Class A Controlled drug (Definition)
Class A controlled drug means the controlled drugs specified or described in Schedule 1 to this Act - Section 2 MODA 1975
Class B controlled drug - (Definition)
Class B controlled drug means the controlled drugs specified or described in Schedule 2 to this Act - Section 2 MODA 1975
Drug dealing - U/18 (Elements)
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
Class C controlled drug (Definition)
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
To a person u/18 years of age (Case Law)
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.”
Drug dealing - 18+ (Elements)
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
Sells (Definition)
If it is proved that a person has supplied a controlled drug to another person - Section 6 MODA 1975
Drug dealing - Possession controlled drug supply (Elements)
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
Possession in drug cases
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
Possession (Case Law)
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
Dealing with Controlled Drugs - Conspiring (Elements)
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
Equipment, material and substances used in production or cultivation of controlled drugs (Elements) - 12A(1)
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.
Equipment, material and substances used in production or cultivation of controlled drugs (Elements) - 12A(2)
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.
Charges under 12A(1) Crown must prove three elements
- 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.
Precursor Substance (Definition)
MODA 1975 Section 2
Means any substance specified or described in Part 1, 2 or 3 of Schedule 4
Cultivation of prohibited plants (Elements)
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
Use of premises or vehicle (Elements)
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.
Obstruction of officers
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
