Importing/Manufacturing Offences Flashcards
What is the definition of Importation?
(and relevant case laws)
Importation in relation to any goods, means the arrival of the goods in NZ in any manner, whether lawfully or unlawfully, from a point outside NZ. s5(a) Customs and Excise Act 2018
Relevant case law: Saxton v Police and R v Hancox
What is the Mens Rea of Importing?
The prosecution must prove the defendants guilty knowledge. This will involve proof that the defendant:
- Knew about the importation, and
- Knew the imported substance was a controlled drug, and
- Intended to cause the importation.
What is the definition of “New Zealand”?
What is the out limit of the territorial sea of NZ?
New Zealand means the land and the waters enclosed by the outer limits of the territorial sea of New Zealand. (s5 CAEA 2019)
The outer limit of the terriroial sea is 12 nautical miles of the land mass of New Zealand
What is the definition of “Crontolled 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. (s2 MODA ‘75)
What is the definition of “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; but does not include—
(a) Any substance specified or described in Schedule 1 or Schedule 2 or Parts 1 to 6 of Schedule 3 to this Act ; or
(b) Any pharmacy-only medicine or prescription medicine or restricted medicine within the meaning of the Medicines Act 1981; or
(c) an approved product within the meaning of the Psychoactive Substances Act 2013\
(s2 MODA ‘75)
What is a Class A controlled drug?
Class A controlled drug means the controlled drugs specified or described in Schedule 1 to this Act (s2 MODA ‘75)
Class A controlled drugs are classified as such as their misuse poses a very high risk of harm to individuals and to society.
What are 5 examples of Class A controlled drugs?
- Cocaine
- Heroin
- LSD
- Methamphetamine
- Psilocybine (found in magic mushrooms)
What is a Class B controlled drug?
Class B controlled drug means the controlled drugs specified or described in Schedule 2 of this Act (s2 MODA ‘75)
Class B controlled drugs are those that pose a high rish of harm.
What are 8 examples of a Class B controlled drug?
- Ampthetamine
- Cannabis preparation (such as cannabis oil and hashish)
- GHB (Fantasy)
- MDMA (Extasy)
- Morphine
- Opium
- Pseudoephedrine
- Ephedrine
What is a Class C controlled drug?
Class C controlled drug means the controlled drugs specified or described in Schedule 3 to this Act; and includes any controlled drug analogue (s2 MODA ‘75)
Class C controlled drugs pose a moderate risk of harm.
What are 4 examples of a class C controlled drug?
- Cannabis plant
- Cannabis seeds
- Benzylpiperazine (BZP)
- Controlled drug analogues
What is the definition of “Producing”?
To “produce” means to bring something into being, or to bring something into existence from its raw materials or elements.
The term is further defined in legislation as including “compound”.
What is the definition of Manufacturing?
Manufacturing is the process of synthesis; combining components or processing raw materials to create a new substance.
Common examples include manufacturing methamphetamine from pseudoephedrine, or manufacturing heroin from morphine.
When is the offence of Manufacturing/Produccing completed?
The offence is complete once the prohibited substance is created, whether or not it is in a useable form.
What is a canabis preparation?
cannabis preparation is produced by subjecting cannabis plant to some kind of processing that renders it unrecognisable as plant material (s29B MODA ‘75)
It is for the prosecution to prove that the preparation to which the charge relates contains any tetrahydrocannabinols (THC)
This process has the effect of upgrading what was originally Class C cannabis plant to a Class B cannabis preparation.
