General Flashcards
Definition of Controled Drug in S2 of MODA 1975?
SPAM: any substance, preparation, article or mixture as specified or described in schedules 1-3 and includes any temporary class drug and any controlled drug analogue.
Definition of a controlled drug analogue, section 2 of MODA 1975?
Means any substance that has a structure substantially similar to that of any controlled drug. Does not include:
- Any substance described in schedule 1, 2 & 3 (the regular drugs)
- any medicine within the meaning of the Medicines act 1981.
- an approved product within the meaning of the psychoactive substances act 2013.
- a non- psychoactive TCH analogue.
Class A controlled drug as specified in schedule 1 of MODA 1975 include?
- cocaine
- heroin
- LSD (lysergic acid)
- methamphetamine
- psilocybin’s (magic mushrooms)
- synthetic cannabis.
Definition of importation.
In relation to goods means the arrival of the goods in NZ in any manner, whether lawful or unlawful, from a point outside of NZ.
Importation criminal liability starts when?
As soon as the drugs cross the NZ border, even if intercepted by customs.
Guilty knowledge of importing controlled drugs involves?
-The person knew about the importation, or was wilfully blind.
- knew the imported substance was a controlled drug (or was reckless)
- intended to cause the importation.
Wilful blindness is?
When the accused had their suspicions aroused but deliberately refrained from making further inquiries.
New Zealand, for the purpose of importing and exporting, under section 5 of the customs and excise Act 2018 means?
The land and water enclosed by the outer limits of the territorial sea of NZ. This is 12 nautical miles off the coast line in all directions.
Producing means?
To bring something into being, or to bring something else into existence from its raw materials or elements.
Manufacture means?
The process of synthesis, combining components or processing raw materials to create a new substance.
The offence of producing or manufacturing a controlled drug is complete when?
Once the prohibited substance is created, whether or not it is in a useable form.
Cannabis preparations.
Placing cannabis plant in a solution of isopropyl alcohol and then evaporating the liquid creates a cannabis preparation. This is production and turns a class C drug into a Class B drug as the substance is condensed.
Supply includes?
To provide something that is needed or desired
Distribute
Give
Sell
It requires the conferring on the recipient the ability to use the drugs for his or her own purposes.
Administering means?
Introducing a drug directly into another persons system.
It can be done with or without the knowledge of the other person, such as date rape drug.
Offering to supply, the prosecution must prove two elements.
- the communication of an offer to supply or administer a controlled drug.
- an intention that the other person believes that the offer to be genuine.
Offering to supply can include?
- offer to supply a drug on hand.
- offer to supply a drug that will be procured at some future date.
- offer to supply a drug that they mistakenly believe they can supply.
- offers to supply a drug deceitfully, knowing he will not supply that drug.
Offering to supply can include?
- offer to supply a drug on hand.
- offer to supply a drug that will be procured at some future date.
- offer to supply a drug that they mistakenly believe they can supply.
- offers to supply a drug deceitfully, knowing he will not supply that drug.
Sell or offer to sell for the purposes of section 6(1)e as stated in s6(5)?
It shall be presumed that a drug supplied to a person has been sold to that person until the contrary has been proved.
In section 6(1)(f) possession for supply what must the crown prove?
- knowledge by the accused that the drug exists.
- knowledge by the accused that it is a controlled drug.
- some degree of control over it.
- an intention to possess it.
In section 6(1)(f) possession for supply what must the crown prove?
- knowledge by the accused that the drug exists.
- knowledge by the accuser that it is a controlled drug.
- some degree of control over it.
- an intention to possess it.
Intention is?
A deliberate act with the aim to get a specific result, more than involuntary or accidental.
Proving intent on drugs cases may be inferred by?
- admission.
- circumstantial evidence (packaging, scales ect).
- the statutory presumption under section 6(6)
Statutory presumption of possession of a controlled drug under section 6(6) quantities are?
Meth - 5g
Cannabis extract - 5g
Cannabis plant - 28g or 100 cigarettes.
Heroin or cocaine - 0.5g
When a controlled drug is not specified in schedule 5 for quantities relating to statutory presumption of possession for supply, the amount needed it how much?
56g
Controlled drug analogues are all which class?
Class C
The difference between produce and manufacturing is?
Producing is changing the nature of the original substance while manufacturing is creating a new substance from the original materials.
Attempted possession case law?
R V J: found in possession of hedge trimmings believing them to be cannabis. He was found guilty of attempt to commit an offence.
Attempted possession case law?
R V J: found in possession of hedge trimmings believing them to be cannabis. He was found guilty of attempt to commit an offence.
3 elements the crown must prove with a charge of supply equipment or precursor substance are?
- the defendant has supplied, produced or manufactured equipment or precursors.
- that those items are capable in being used for the production or manufacture of controlled drugs.
- the defendant knows the items are to be used for such an offence by another person.
Obstruction under section 16 MODA 1975 wording?
Wilfully obstructs, hinders, resists or deceives any person in the execution of any powers pursuant to MODA 1975.
KKI stands for?
Guilty knowledge:
- knew about the offence
- knew the substance was a controlled drug
- intended to commit the offence
