Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

011 Drugs > General - Drug Dealing > Flashcards

General - Drug Dealing Flashcards

1
Q

When charged with attempted possession does it have to be showed that the person received illegal drugs

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

When producing manufacturing drugs when is the offence complete

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is the presumptive amount for cocaine

A

0.5 g

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What are examples of a class A controlled drug

A

Cocaine

Heroine

LSD

Methamphetamine

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Where are controlled drug is not specified in schedule five the presumptive amount of that drug is what

A

56 g

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What must be proved for an offer to supply

A

The communication of an offer to supply or add minister controlled drug

An intention that the other person believes the offer to be genuine

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What class of drugs to importing into exporting relate to

A

Any class of drug except for the drugs excluded in part 6 of schedule 3.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

When considering whether a person knows the qualities of a substance you need to establish that they what (in relation to knowledge and intent)

A

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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is the presumptive amount for MDMA (ecstasy)

A

5 g or 100 flakes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What charge wording should be used when laying a charge of drug dealing

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Additional evidence of intent to supply maybe inferred from…

A
  • Admissions
  • circumstantial evidence
  • the statutory presumption under section 6(6)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What happens when there is a lack of knowledge in relation to possession of the drug

A

A genuine lack of awareness would exclude knowing possession and thereby intent.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Do you need to identify who the drugs were supplied to

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

When does importations start and stop

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is the presumptive amount for cannabis resin and extract (oil)

A

5 g

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What class of drug are all controlled drug analogues

A

Class C

17
Q

What is a controlled drug analogue

A

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

18
Q

What are the required components for knowledge of existence and significance of such knowledge

A

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

19
Q

What must be proved for possession

A

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
20
Q

How does supply relate to jointly owned property

A

Supplying drugs to joint owners falls within the definition of supplying

21
Q

What is the presumptive amount for heroine

A

0.5 g

22
Q

What are examples of a class C controlled drug

A

Cannabis plant
Cannabis seeds
Benzylpiperazine
Controlled drug analogues

23
Q

What is the mens rea of importing

A

That the defendant

knew about the importation

knew the important substance was a controlled drug

Intended to cause the importation

24
Q

Besides handing the drugs over what house must be present for supply

A

That the recipient has the ability to use the drugs for his or her own purpose

25
Q

In relation to guilty knowledge what is not a defence

A

That the defendant was not aware that the substance in question was a particular controlled drug

26
Q

What are examples of a class B controlled drug

A 
Amphetamine
MDMA (ecstasy)
Morphine
Pseudoephedrine
Cannabis preparations (cannabis oil and hashish)
27
Q

What section relates to the special provisions with cannabis preparation as alleged

A

Section 29B misuse of drugs act 1975

28
Q

Examples of how drugs are imported into New Zealand

A

Concealed animal on the person or in the luggage

Have a drug mule bring them in

International mail carrier

Conceal inside legitimate goods

29
Q

When more than one person has access to a drug of a saleable quantity what must be proven to charge them with joint possession

A

That a common goal to sell the drugs was shared amongst the people who had possession

30
Q

Circumstantial evidence from which in offenders intent may be inferred are…

A
  • The offenders actions and words before, during and after the event
  • the surrounding circumstances
  • the nature of the act itself
31
Q

When selling drugs what must be received as payment

A

Anything of value will suffice

32
Q

When does exportation start and stop

A

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

33
Q

What is specified in section 29B of the missuse of drugs act 1975

A

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

34
Q

What is the presumptive amount for methamphetamine

A

5 g

35
Q

In relation to importing drugs is wilful blindness sufficient

A

Yes

36
Q

What is the presumptive amount for cannabis plant

A

28 g or 100 or more cigarettes

37
Q

Besides size and weight what is also considered when considering if a controlled drug is in a usable quantity

A

The nature of the drug and the condition in which it was found

011 Drugs (10 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions