Extras 20-5-22

Question 1

In relation to proving intent, who is the onus on and what level of proof is required?

Answer 1

The onus is generally on the prosecution to prove an offender’s intent beyond reasonable doubt.

Question 2

Statutory presumption, a person is presumed to be in possession of a controlled drug for the purposes of (1)(c), (d) or (e) if?

Answer 2

He/she was in possession of the controlled drug in an amount, level or quantity at or over which the controlled drug is presumed for supply.

Question 3

When may the presumption for supply be rebutted?

Answer 3

The presumption that the drug is for sale or supply may be rebutted if the person is able to prove, on the balance of probabilities, that they did not
intend to commit a ‘dealing’ offence, notwithstanding the amount.

Question 4

What is a criminal conspiracy defined as?

Answer 4

An agreed intention, which is common in the mind of the conspirators, common design to commit offence.

This is rather then actual action.

Question 5

In relation to conspiracy and importing controlled drugs in NZ, what may be necessary to prove?

Answer 5

That the defendant had done something to complete the conspiracy in NZ.

(Court of appeal accepted the use of NZ customs and postal service to be sufficient).

Question 6

When is conspiracy complete?

Answer 6

When the agreement has been made.

Question 7

For charges under section 12A(1) the Crown must prove three elements?

Answer 7

• 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 8

What are some examples of Material and Equipment?

Answer 8

Equipment: Glassware, condensers, heating mantles (meth) and pots, lights water pumps (cannabis cultivation).

Material: chemicals (other the precursors), documents providing instructions on the meth/cultivation process.

Question 9

Definition of Precursor?

Answer 9

Means fore-runner, something that comes before something else.

Ex. 
Acetic anhydride (precursor to heroin)
Lysergic acid (precursor to LSD)
Ephedrine / pseudoephedrine (precursors to methamphetamine)

Question 10

For charges under section 12A(2) the Crown must prove?

Answer 10

Crown must prove three elements:
• that the defendant has equipment, material or precursors in his possession
• 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 has the intention that those items are to be used for such an offence, either by himself or another person

Question 11

What are the 3 types of possession?

Answer 11

• Possession
• Joint Possession
• Attempted Possession

Question 12

What is the defence to charge under S.9?

Answer 12

If the person charged proves prohibited plant was of the species Papaver somniferum, and not intended to be a source of any controlled drug.

Question 13

Obstruction relating to MODA 75?

Answer 13

The offence of obstruction in the Misuse of Drugs Act relates specifically to obstructing anyone who is executing powers pursuant to the Misuse of Drugs Act 1975.

Question 14

In relation to an offence against s9 of the Misuse of Drugs Act 1975, what must you prove?

Answer 14

• The ID of the person

- That they cultivated a prohibited plant.