Full liabilities Flashcards
Dealing with Controlled Drugs
import
Misuse of Drugs Act 1975, Section 6(1)(a)
- No person shall
- Import into OR export from New Zealand
- Any controlled drug
No person shall
Import
Importation, in relation to any goods, means the arrival of the goods in New Zealand in any manner, whether lawfully or unlawfully, from a point outside New Zealand.
Saxton v Police
To import includes “to introduce from abroad or to cause to be brought in from a foreign country”.
R v Hancox
“… the bringing of goods into the country or causing them to be brought into the country does not cease as the aircraft or vessel enters New Zealand’s territorial limits. Importing into New Zealand for the purposes of s6(1)(a) is a process. THe element of importing exists from the time the goods enter New Zealand until they reach their immediate destination … [ie] when they have ceased to be under the control of the appropriate authorities and have become available to the consignee or addressee”.
KKI guilty knowledge
- knew about the importation
- knew the imported substance was a controlled drug
- intended to cause the importation
New Zealand
New Zealand means the land and the waters enclosed by the outer limits of the territorial sea of New Zealand. Outer limit of the territorial sea is 12 nautical miles from the land mass.
Any controlled drug
Controlled drug 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.
Controlled drug analogue means any substance, such as the substances specified or described in Part 7 of Schedule 3 to this Act; that has a structure substantially similar to that of any controlled drug.
Guilty knowledge
R v Strawbridge
It is not necessary for the Crown to establish knowledge on the part of the accused. In the absense of evidence to the contrary knowedge on her part will be presumed, but if there is some evidence that the accused honesty believed on reasonable grounds that her act was innocent, then she is entitled to be acquitted unless the jury is satisfied beyond reasonable doube that this was not so.
Usable quantity
Police v Emerali
“… the serious offence of … possessing a narcotic does not extend to some mimute and useless residue of the substance”.
Dealing with Controlled Drugs
produces or manufactures
Misuse of Drugs Act 1975, Section 6(1)(b)
- No person shall
- Produce or manufacture
- Any controlled drug
No person shall
Produce or manufacture
R v Rua
The words “produce” or “manufacture” in s6(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
To produce means to bring something into being, or to bring something into existence from its raw materials or elements.
Produce includes compound; and production has a corresponding meaning.
To compound means to create a whole by mixing or combining two or more elements or parts.
Manufacture
Manufacturing is the process of synthesis; combining components or processing raw materials to create a new substance.
Any controlled drug
Controlled drug 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.
Controlled drug analogue means any substance, such as the substances specified or described in Part 7 of Schedule 3 to this Act; that has a structure substantially similar to that of any controlled drug.
Guilty knowledge
R v Strawbridge
It is not necessary for the Crown to establish knowledge on the part of the accused. In the absense of evidence to the contrary knowedge on her part will be presumed, but if there is some evidence that the accused honesty believed on reasonable grounds that her act was innocent, then she is entitled to be acquitted unless the jury is satisfied beyond reasonable doube that this was not so.
Usable quantity
Police v Emerali
“… the serious offence of … possessing a narcotic does not extend to some mimute and useless residue of the substance”.
Dealing with Controlled Drugs
supplies Class A or Class B
Misuse of Drugs Act 1975, Section 6(1)(c)
- No person shall
- 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
No person shall
Supply
To “supply” means “to furnish or provide something that is needed or desired”.
Supply includes distribute, give, and sell.
R v Maginnis
“[Supply involves] more than the mere transfer of physical control … [it includes] enabling the recipient to apply the thing … to purposes for which he desires …”
Distributing
The term “distribution” relates to the supply of drugs to multiple people.
Giving
“GIving” involves handing over or in some other way transferring an item to another person.
Selling
A sale occurs when a quantity or share in a drug is exchanged for some valuable consideration.
Administer
The appropriate meaning of “administer” is “to direct and cause a … drug to be taken into the system” of another person.
Offer
Must prove two elements:
- the communicating of an offer to supply or administer a controlled drug (the actus reus)
- an intention that the other person believes the offer to be genuine (the mens rea)
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 in the following instances:
(1) offers to supply a drug that he has on hand
(2) offers to supply a drug that will be procured at some future date
(3) offers to supply a drug that he mistakenly believes he can supply
(4) offers to supply a drug deceitfully, knowing he will not supply that drug
R v Brown
“… the making of such an intimation, with the intention that it should be understood as a genuine offer, is an offence”.
Any Class A or Class B controlled drug
Class A or Class B controlled drugs means any substance, preparation, mixture, or article specified or described in Schedule 1 or Schedule 2, to this Act.
Guilty knowledge
R v Strawbridge
It is not necessary for the Crown to establish knowledge on the part of the accused. In the absense of evidence to the contrary knowedge on her part will be presumed, but if there is some evidence that the accused honesty believed on reasonable grounds that her act was innocent, then she is entitled to be acquitted unless the jury is satisfied beyond reasonable doube that this was not so.
Usable quantity
Police v Emerali
“… the serious offence of … possessing a narcotic does not extend to some mimute and useless residue of the substance”.
To any other person
Dealing with Controlled Drugs
supply Class C to under 18
Misuse of Drugs Act 1975, Section 6(1)(d)
- No person shall
- Supply or administer OR offer to supply or administer
- Any Class C controlled drug
- To a person under 18 years of age
No person shall
Supply
To “supply” means “to furnish or provide something that is needed or desired”.
Supply includes distribute, give, and sell.
R v Maginnis
“[Supply involves] more than the mere transfer of physical control … [it includes] enabling the recipient to apply the thing … to purposes for which he desires …”
Distributing
The term “distribution” relates to the supply of drugs to multiple people.
Giving
“GIving” involves handing over or in some other way transferring an item to another person.
Selling
A sale occurs when a quantity or share in a drug is exchanged for some valuable consideration.
Administer
The appropriate meaning of “administer” is “to direct and cause a … drug to be taken into the system” of another person.
Offer
Must prove two elements:
- the communicating of an offer to supply or administer a controlled drug (the actus reus)
- an intention that the other person believes the offer to be genuine (the mens rea)
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 in the following instances:
(1) offers to supply a drug that he has on hand
(2) offers to supply a drug that will be procured at some future date
(3) offers to supply a drug that he mistakenly believes he can supply
(4) offers to supply a drug deceitfully, knowing he will not supply that drug
R v Brown
“… the making of such an intimation, with the intention that it should be understood as a genuine offer, is an offence”.
Any Class C controlled drug
Class C controlled drugs means any substance, preparation, mixture, or article specified or described in Schedule 3 to this Act; and includes any controlled drug analogue.
Controlled drug analogue means any substance, such as the substances specified or described in Part 7 of Schedule 3 to this Act; that has a structure substantially similar to that of any controlled drug.
Guilty knowledge
R v Strawbridge
It is not necessary for the Crown to establish knowledge on the part of the accused. In the absense of evidence to the contrary knowedge on her part will be presumed, but if there is some evidence that the accused honesty believed on reasonable grounds that her act was innocent, then she is entitled to be acquitted unless the jury is satisfied beyond reasonable doube that this was not so.
Usable quantity
Police v Emerali
“… the serious offence of … possessing a narcotic does not extend to some mimute and useless residue of the substance”.
To a person under 18 years of age
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”.
Dealing with Controlled Drugs
Sell Class C to 18 or over
Misuse of Drugs Act 1975, Section 6(1)(e)
- No person shall
- Sell OR offer to sell
- Any Class C controlled drug
- To a person of or over 18 years of age
No person shall
Supply
To “supply” means “to furnish or provide something that is needed or desired”.
Supply includes distribute, give, and sell.
R v Maginnis
“[Supply involves] more than the mere transfer of physical control … [it includes] enabling the recipient to apply the thing … to purposes for which he desires …”
Selling
A sale occurs when a quantity or share in a drug is exchanged for some valuable consideration.
Offer
Must prove two elements:
- the communicating of an offer to supply or administer a controlled drug (the actus reus)
- an intention that the other person believes the offer to be genuine (the mens rea)
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 in the following instances:
(1) offers to supply a drug that he has on hand
(2) offers to supply a drug that will be procured at some future date
(3) offers to supply a drug that he mistakenly believes he can supply
(4) offers to supply a drug deceitfully, knowing he will not supply that drug
R v Brown
“… the making of such an intimation, with the intention that it should be understood as a genuine offer, is an offence”.
Any Class C controlled drug
Class C controlled drugs means any substance, preparation, mixture, or article specified or described in Schedule 3 to this Act; and includes any controlled drug analogue.
Controlled drug analogue means any substance, such as the substances specified or described in Part 7 of Schedule 3 to this Act; that has a structure substantially similar to that of any controlled drug.
Guilty knowledge
R v Strawbridge
It is not necessary for the Crown to establish knowledge on the part of the accused. In the absense of evidence to the contrary knowedge on her part will be presumed, but if there is some evidence that the accused honesty believed on reasonable grounds that her act was innocent, then she is entitled to be acquitted unless the jury is satisfied beyond reasonable doube that this was not so.
Usable quantity
Police v Emerali
“… the serious offence of … possessing a narcotic does not extend to some mimute and useless residue of the substance”.
To a person of or over 18 years of age
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”.
Dealing with controlled drugs
possession
Misuse of Drugs Act 1975, Section 6(1)(f)
- No person shall
- Have any controlled drug in his possession
- For any of the purposes set out in paragraphs (c), (d), or (e) of this subsection
No person shall
Have any controlled drug
Possession
R v Cox
Possession involves two elements. The first, the physial element, is actual or potential physical custody or control. The second, the mental element, is a combination of knowledge and intention: knowledge in the sense of an awareness by the accused that the substance is in his possession; and an intention to exercise possession.
Knowledge
The defendant must have:
- 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
Purpose
“Purpose” in this context can be equated to “aim” or “intention”.
Intent
There must be an intention to commit the act and an intention to get a specific result. Result means “aim, object, or purpose”.
An offender’s intent may be inferred from:
- the offender’s actions and words before, during and after the event
- the surrounding circumstances
- the nature of the act itself
Dealing with Controlled Drugs
conspiring to deal
Misuse of Drugs Act 1975, Section 6(2A)
- Every person who
- Conspires
- With any other person
- To commit an offence against subsection (1) of this section
Every person who
Conspires
A criminal conspiracy consists of an agreed intention which is common to the mind of the conspirators and a common design to commit the offence, rather than any actual action. The conspiracy is complete once the agreement has been made.
With any other person
There must be at least two persons involved in the conspiracy.
To deal with any controlled drug
Equipment, material, and substances used in production or cultivation of controlled drugs
supplies, produces, or manufactures
Misuse of Drugs Act 1975, Section 12A(1)
- Supplies, produces, or manufactures
- (a) Any equipment or material that is capable of being used in, or for, the commission of any 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.
Supply
Equipment
The term “equipment” includes the implements, apparatus and other hardware used in the manufacturing, producing or cultivating process.
Material
“Material” is likely to include anything used in the process of producing, manufacturing or cultivating that cannot be properly described as equipment.
Capable of being used
Items are capable of being used in the process of producing or manufacturing controlled drugs (s6(1)(b)) or of cultivating prohibited plants (s9).
Precursor substance
Precursor substance means any substance specified or described in Part 1 or Part 2 or Part 3 of Schedule 4
Knowing that the equipment is to be used in or for the commission of an offence
The words “to be used” require that the knowledge must relate to offending that will occur in the future.
Equipment, material, and substances used in production or cultivation of controlled drugs
possession
Misuse of Drugs Act 1975, Sction 12A(2)
- Has in his or her 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.
Has in his or her possession
Equipment
The term “equipment” includes the implements, apparatus and other hardware used in the manufacturing, producing or cultivating process.
Material
“Material” is likely to include anything used in the process of producing, manufacturing or cultivating that cannot be properly described as equipment.
Capable of being used
Items are capable of being used in the process of producing or manufacturing controlled drugs (s6(1)(b)) or of cultivating prohibited plants (s9).
Precursor substance
Precursor substance means any substance specified or described in Part 1 or Part 2 or Part 3 of Schedule 4
Knowing that the equipment is to be used in or for the commission of an offence
The words “to be used” require that the knowledge must relate to offending that will occur in the future.
