Key definitions Flashcards
Importation
Customs and Excise Act 2018
s5 Definitions
in relation to any goods, means:
the arrival of the goods in New Zealand in any manner, whether lawfully or unlawfully,
from a point outside New Zealand.
New Zealand
Customs and Excise Act 2018
s5 Definitions
New Zealand means:
the land and the waters
enclosed by the outer limits of the territorial sea of NZ
The outer limit of the territorial sea is 12 nautical miles
Controlled drug
Misuse of Drugs Act 1975 s2
Means:
any substance, preparation, mixture or article
specified or described in
Schedule 1, Schedule 2, or Schedule 3 to this Act
and includes any drug analogue.
controlled drug analogue
Misuse of Drugs Act 1975 s2
means:
any substance, such as the substances specified or described in Part 7 of Schedule 3,
that has a structure substantially similar to that of any controlled drug
Criminal Conspiracy
An agreed intention, and a common mind to commit the offense.
Requires two or more people to conspire.
Conspiracy has occurred when there has been a agreement.
Precursor
Misuse of Drugs Act 1975 s2
any substance specified in Part 1 or Part 2 or Part 3 of schedule 4
Note ephedrine and pseudoephedrine are both Class B under Schedule 2 and precursors to methamphetamine.
Giving
the drug is either placed under the control of a willing recipient.
or
a passive custodian who relinquishes custody to meet the needs of another.
(either one will be regarded as intent for supply.
Selling
A sale occurs when a quantity of a share in the drug is exchanged for a valuable consideration.
Administering
To cause a drug to be taken into the system of another person. ‘Black’s Law Dictionary’.
Offer to supply or administer
arousing another persons interest in controlled drugs, or of tempting them to use them.
Elements to prove:
(1) Communicating of an offer (actus reus)
(2) Intention that the other person believes it to be genuine (mens rea).
Intent
a DELIBERATE ACT for a SPECIFIC RESULT
Criminal Conspiracy
An agreed intention, and a common mind to commit the offense.
Precursor
any substance specified in Part 1 or Part 2 or Part 3 of schedule 4
What is Distribution and when is it complete?
Distribution: Supply of drugs to multiple people. That includes joint owners.
Distribution is complete when the defendant has done all that is necessary to accomplish delivery of the drug to others.
Define: Supply
What does supply include?
Means to furnish or provide something that is needed or desired.
MODA75 s2
Supply includes Distribute, Give, and Sell.
