General - Drug Dealing Flashcards
When charged with attempted possession does it have to be showed that the person received illegal drugs
No it is sufficient that if they had the intent and purchased the illegal drugs that they have attempted to obtain possession of illegal drugs even if what they have obtained is not illegal drugs
When producing manufacturing drugs when is the offence complete
Once the prohibited substance is created, whether or not it is in a usable form
What is the presumptive amount for cocaine
0.5 g
What are examples of a class A controlled drug
Cocaine
Heroine
LSD
Methamphetamine
Where are controlled drug is not specified in schedule five the presumptive amount of that drug is what
56 g
What must be proved for an offer to supply
The communication of an offer to supply or add minister controlled drug
An intention that the other person believes the offer to be genuine
What class of drugs to importing into exporting relate to
Any class of drug except for the drugs excluded in part 6 of schedule 3.
When considering whether a person knows the qualities of a substance you need to establish that they what (in relation to knowledge and intent)
That the defendant
- knows they have the substance
- know the substances nature or qualities
- intend to use the substance in a way that allows you to charge them with possession
What is the presumptive amount for MDMA (ecstasy)
5 g or 100 flakes
What charge wording should be used when laying a charge of drug dealing
The charge wording should be specific to the evidence which is based on. Where any particular purpose for possession cannot be proved then it should be drafted in the alternative.
Additional evidence of intent to supply maybe inferred from…
- Admissions
- circumstantial evidence
- the statutory presumption under section 6(6)
What happens when there is a lack of knowledge in relation to possession of the drug
A genuine lack of awareness would exclude knowing possession and thereby intent.
Do you need to identify who the drugs were supplied to
No
When does importations start and stop
Importation starts as soon as the drugs cross New Zealand’s border in the process of importation continues while the goods are in transit and concludes when I have reached the final destination and are available to the consignee
What is the presumptive amount for cannabis resin and extract (oil)
5 g
What class of drug are all controlled drug analogues
Class C
What is a controlled drug analogue
Any substance with the structure substantially similar to a controlled drug that has similar dangerous effects but is not specifically listed in the schedules to the act
What are the required components for knowledge of existence and significance of such knowledge
The defendant must be aware that they possess the substance
The defendant identifies the substance is a controlled drug
Physical custody presumes knowledge unless otherwise proven
What must be proved for possession
That the defendant had:
- knowledge that the drug exists
- knowledge that it is a controlled drug
- some degree of control over it
- and intention to possess it
How does supply relate to jointly owned property
Supplying drugs to joint owners falls within the definition of supplying
What is the presumptive amount for heroine
0.5 g
What are examples of a class C controlled drug
Cannabis plant
Cannabis seeds
Benzylpiperazine
Controlled drug analogues
What is the mens rea of importing
That the defendant
knew about the importation
knew the important substance was a controlled drug
Intended to cause the importation
Besides handing the drugs over what house must be present for supply
That the recipient has the ability to use the drugs for his or her own purpose
In relation to guilty knowledge what is not a defence
That the defendant was not aware that the substance in question was a particular controlled drug
What are examples of a class B controlled drug
Amphetamine MDMA (ecstasy) Morphine Pseudoephedrine Cannabis preparations (cannabis oil and hashish)
What section relates to the special provisions with cannabis preparation as alleged
Section 29B misuse of drugs act 1975
Examples of how drugs are imported into New Zealand
Concealed animal on the person or in the luggage
Have a drug mule bring them in
International mail carrier
Conceal inside legitimate goods
When more than one person has access to a drug of a saleable quantity what must be proven to charge them with joint possession
That a common goal to sell the drugs was shared amongst the people who had possession
Circumstantial evidence from which in offenders intent may be inferred are…
- The offenders actions and words before, during and after the event
- the surrounding circumstances
- the nature of the act itself
When selling drugs what must be received as payment
Anything of value will suffice
When does exportation start and stop
It commences with the first act intended to export the drugs from the origin in New Zealand and concludes at the time the drugs leave New Zealand for an overseas destination
What is specified in section 29B of the missuse of drugs act 1975
That the prosecution must prove that the preparation to which the charge relates to contains THC
The preparation shall be deemed to have been produced by subjecting cannabis plant to some kind of processing unless in a form that is clearly recognisable as plant material
Plan material means the whole or any part of the leaf, flower or stalk of any plant
What is the presumptive amount for methamphetamine
5 g
In relation to importing drugs is wilful blindness sufficient
Yes
What is the presumptive amount for cannabis plant
28 g or 100 or more cigarettes
Besides size and weight what is also considered when considering if a controlled drug is in a usable quantity
The nature of the drug and the condition in which it was found
