Legislation offences - Drugs, firearms offences

Question 1

Dealing with controlled drugs sec 6(1) MODA75

Answer 1

1) Everyone
a) Imports into or exports from NZ, any controlled drug

OR

b) produces or manufactures any controlled drug

OR

c) Supplies or administers, or offers to supply or administer, or otherwise deals in, any Class A or Class B controlled drug

OR

d) Supplies or administers or offers to supply or administer any Class C controlled drug to any person under 18years

OR

e) Sells, or offers to sell, any Class C controlled drug to any person of or over 18years

OR

f) has in his possession any controlled drug for any of the purposes of (c) (d) or (e)

CONSIDER:
Strawbridge, Emerali, Brown, During

Question 2

Dealing with controlled drugs sec 6(5) MODA75

Answer 2

For the purposes of (1)(e) if it is proved that a person has supplied a controlled drug to another person, he shall until the contrary is proven, be presumed to have sold that controlled drug to that other person

Question 3

Presumption for supply - sec 6(6) MODA75

Answer 3

For the purposes of (1)(f), a person is presumed to be in possession of a controlled drug for the purposes set out in (1) (c) (d) or (e), if he is in possession of a controlled drug of an amount, level or quantity at or over which that controlled drug is deemed to be for supply

Question 4

Sec 7 - MODA75

Answer 4

1) Everyone
a) procures, possess, smokes, consumes or otherwise uses any controlled drug

OR

b) supplies or administers or offers to supply or administer any class C controlled drug to any person

Question 5

Sec 12A(1) MODA75 - Equipment, materials and substances

Answer 5

1) Everyone, produces or manufactures:

a) any equipment or material that is capable of being used in, or for the commission of an offence against sec 6(1)(b) or sec 9
OR
b) any precursor substances

(Penalty under part 3) = 7years)

Question 6

Sec 21A(2) MODA75 Equipment, material and substances

Answer 6

2) Everyone has in his or her possession

a) any equipment, or material that is capable of being used in or for the commission of any offence against sec 6(1)(b) or sec 9
OR
b) any precursor substance

(penalty is 5years under subsection (3) )

Question 7

sec 198A CA61 - Uses Firearm against law enforcement officer etc

Answer 7

1) 14years
Everyone
Uses any firearm in any manner whatever
Against any Constable, or traffic or prison officer acting in the course of his or her duty
Knowing that, or being reckless whether or not that person is a police/traffic/prison officer or so acting

2) 10years
Everyone
Uses any firearm in any manner whatever
With intent to resist the lawful arrest or detention of himself or herself or of any other person

CONSIDER: Pekepo, Parker, Acting in course of duty)

Question 8

Sec 198B CA61 - Commission of imprisonable offence with firearm

Answer 8

1) 10years
Everyone
a) in committing any imprisonable offence uses a firearm

OR
b) while committing any imprisonable offence, has any firearm with him or her in circumstances that prima facie show an intention to use it in connection with that imprisonable offence

Question 9

sec 198 CA61 - Discharging a firearm or doing a dangerous act with intent

Answer 9

1) 14years
Everyone with intent to cause GBH
a) discharges any firearm, air gun or similar weapon at any person

OR

b) sends or delivers to any person, or puts in any place, any explosive or injurious substance or device

OR

c) sets fire to any property

2) 7years
With intent to injure or with reckless disregard for the safety of others
Does one of the acts referred to in (1)