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Drugs > General > Flashcards

General Flashcards

1
Q

Definition of Controled Drug in S2 of MODA 1975?

A

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.

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2
Q

Definition of a controlled drug analogue, section 2 of MODA 1975?

A

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.

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3
Q

Class A controlled drug as specified in schedule 1 of MODA 1975 include?

A
  • cocaine
  • heroin
  • LSD (lysergic acid)
  • methamphetamine
  • psilocybin’s (magic mushrooms)
  • synthetic cannabis.
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4
Q

Definition of importation.

A

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.

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5
Q

Importation criminal liability starts when?

A

As soon as the drugs cross the NZ border, even if intercepted by customs.

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6
Q

Guilty knowledge of importing controlled drugs involves?

A

-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.

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7
Q

Wilful blindness is?

A

When the accused had their suspicions aroused but deliberately refrained from making further inquiries.

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8
Q

New Zealand, for the purpose of importing and exporting, under section 5 of the customs and excise Act 2018 means?

A

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.

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9
Q

Producing means?

A

To bring something into being, or to bring something else into existence from its raw materials or elements.

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10
Q

Manufacture means?

A

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

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11
Q

The offence of producing or manufacturing a controlled drug is complete when?

A

Once the prohibited substance is created, whether or not it is in a useable form.

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12
Q

Cannabis preparations.

A

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.

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13
Q

Supply includes?

A

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.

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14
Q

Administering means?

A

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.

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15
Q

Offering to supply, the prosecution must prove two elements.

A
  • 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.
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16
Q

Offering to supply can include?

A
  • 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.
17
Q

Offering to supply can include?

A
  • 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.
18
Q

Sell or offer to sell for the purposes of section 6(1)e as stated in s6(5)?

A

It shall be presumed that a drug supplied to a person has been sold to that person until the contrary has been proved.

19
Q

In section 6(1)(f) possession for supply what must the crown prove?

A
  • 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.
20
Q

In section 6(1)(f) possession for supply what must the crown prove?

A
  • 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.
21
Q

Intention is?

A

A deliberate act with the aim to get a specific result, more than involuntary or accidental.

22
Q

Proving intent on drugs cases may be inferred by?

A
  • admission.
  • circumstantial evidence (packaging, scales ect).
  • the statutory presumption under section 6(6)
23
Q

Statutory presumption of possession of a controlled drug under section 6(6) quantities are?

A

Meth - 5g
Cannabis extract - 5g
Cannabis plant - 28g or 100 cigarettes.
Heroin or cocaine - 0.5g

24
Q

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?

A

56g

25
Q

Controlled drug analogues are all which class?

A

Class C

26
Q

The difference between produce and manufacturing is?

A

Producing is changing the nature of the original substance while manufacturing is creating a new substance from the original materials.

27
Q

Attempted possession case law?

A

R V J: found in possession of hedge trimmings believing them to be cannabis. He was found guilty of attempt to commit an offence.

28
Q

Attempted possession case law?

A

R V J: found in possession of hedge trimmings believing them to be cannabis. He was found guilty of attempt to commit an offence.

29
Q

3 elements the crown must prove with a charge of supply equipment or precursor substance are?

A
  • 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.
30
Q

Obstruction under section 16 MODA 1975 wording?

A

Wilfully obstructs, hinders, resists or deceives any person in the execution of any powers pursuant to MODA 1975.

31
Q

KKI stands for?

A

Guilty knowledge:
- knew about the offence
- knew the substance was a controlled drug
- intended to commit the offence

Drugs (10 decks)

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