LIABILITIES Flashcards
Imports Into or Exports from New Zealand Section 6(1)(a) Misuse of Drugs Act 1975
Imports Into or Exports from New Zealand Section 6(1)(a) Misuse of Drugs Act 1975
- Imports
- Into New Zealand
- Any Controlled Drug
Imports Importation (Section 5 Customs Excise Act): means the arrival of goods in NZ in any manner, whether lawfully or unlawfully, from a point outside NZ.
Saxton v Police-
To import includes “to introduce from abroad or to cause to be brought in from a foreign country.
Criminal liability arises as soon as the drug cross NZ border. Importation concludes when drug reaches final destination.
R v Hancox-
The element of importing exists from the time the goods enter NZ until they reach their immediate destination.
Mens Rea for Importing- KKI and Guilty Knowledge
• Knew about the importation
• Knew the imported substance was a C.D
• Intended to cause the importation.
New Zealand- Section 5 Customs and Exise Act
Means the land and the waters enclosed by the outer limits of the territorial sea of New Zealand (12 nautical miles)
Any controlled drug (SPAM) means any substance, preparation, mixture, or article specified or described in Schedule 1, Schedule 2, or Schedule 3; and includes any temporary class drug and any controlled drug analogue
R v Strawbridge
It is not necessary for the crown to establish knowledge on the part of the accused. In the absence of evidence to the contrary knowledge on her part will be presumed. If honest belief if innocence, entitled to be acquitted.
Police v Emirali- the seriousness offence of.. possessing a narcotic does not extend to some minute and useless residue of the substance.
Producing/Manufacturing Any Controlled Drug Section 6(1)(b) Misuse of Drugs Act 1975
Producing/Manufacturing Any Controlled Drug Section 6(1)(b) Misuse of Drugs Act 1975
- Produce or Manufacture
- Any Controlled Drug
Produce
Bring something into existence. Includes compound- create a whole by mixing or combining two or more elements.
Manufacture
Process of synthesis, combining raw materials to create a new substance.
R v Rua
The word produce or manufacture in 6(1)(b) broadly cover the creation of controlled drugs by some form of process which changes the original substances into a particular controlled drug.
Offence is complete once prohibited substance is created, whether or not it is in usable form.
Any controlled drug (SPAM) means any substance, preparation, mixture, or article specified or described in Schedule 1, Schedule 2, or Schedule 3; and includes any temporary class drug and any controlled drug analogue
R v Strawbridge
It is not necessary for the crown to establish knowledge on the part of the accused. In the absence of evidence to the contrary knowledge on her part will be presumed. If honest belief if innocence, entitled to be acquitted.
Mens Rea - KKI and Guilty Knowledge
• Knew
• Knew
• Intended.
Supplying Any Class A Or B Controlled Drug. Section 6(1)(c) Misuse of drugs act 1975
Supply or administer, or offer to supply or administer or otherwise deal in
Supply: distribute, give or sell
Distribute is complete when the defendant done all that is necessary to accomplish delivery to other.
Give: to hand substance over in order to enable the person to use the drug for his own purpose.
Sell: exchange of the goods in return for a valuable.
R v Maginnis-
Supply involves more than the mere transfer of physical control. It includes enabling the recipients to apply the thing… to purposes for which he desires
Administer: put drug into someone’s system.
Offer:
R v During
An offer is an intimition by the person charged to another that he is ready on request to supply to that other drugs of a kind prohibited by the statue.
R v Brown-
defendant can be found guilty as follows: Offer to supply
• Drug on hand
• Drug that’ll be procured in future
• Drug he mistakenly thinks he can supply
• Drug deceitfully, knowing he won’t supply that drug.
R v Brown
The making of such an intimation, with the intention that it should be understood as a genuine offer, is an offence.
Any class A controlled drug or class B controlled drug (SPAM) means any substance, preparation, mixture, or article specified or described in Schedule 1, Schedule 2, includes any temporary class drug and any controlled drug analogue
To any other person
JN/CE/GN
Supplying Any Class C Controlled Drug to Person Under 18 Years Section 6(1)(d) Misuse of drugs Act 1975
Supply or administer or offer to supply or offer to administer
Supply: distribute, give or sell
Distribute is complete when the defendant done all that is necessary to accomplish delivery to other.
Give: to hand substance over in order to enable the person to use the drug for his own purpose.
Sell: exchange of the goods in return for a valuable.
R v Maginnis-
Supply involves more than the mere transfer of physical control. It includes enabling the recipients to apply the thing… to purposes for which he desires
Administer: put drug into someone’s system.
Offer:
R v During
An offer is an intimition by the person charged to another that he is ready on request to supply to that other drugs of a kind prohibited by the statue.
R v Brown-
defendant can be found guilty as follows: Offer to supply
• Drug on hand
• Drug that’ll be procured in future
• Drug he mistakenly thinks he can supply
• Drug deceitfully, knowing he won’t supply that drug.
R v Brown
The making of such an intimation, with the intention that it should be understood as a genuine offer, is an offence.
Any class C controlled drug means any substance, preparation, mixture, or article specified or described in Schedule 3, includes any temporary class drug and any controlled drug analogue
To any person under 18 Proof of age. R v Forrest and Forrest The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age. GN/CE/JN
Sell or offer to Sell, Any Class C controlled drug to the person of or over 18 years. Section 6(1)(e) Misuse of Drugs Act 1975
Sell of Offer to Sell
Sell: exchange of the goods in return for a valuable.
Offer:
R v During
An offer is an intimation by the person charged to another that he is ready on request to supply to that other drugs of a kind prohibited by the statue.
R v Brown
The making of such an intimation, with the intention that it should be understood as a genuine offer, is an offence.
Any class C controlled drug means any substance, preparation, mixture, or article specified or described in Schedule 3, includes any temporary class drug and any controlled drug analogue
To any person over 18
Proof of age.
R v Forrest and Forrest
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age.
GN/CE/JN
Possession Of Controlled Drug For Supply Section 6(1)(f)
Have in his possession
His- Person JN/CE/GN
Possession- (inclues anything in control, though in custody of another)
R v Cox
Possession involves 2 elements, physical element- custody and control. Mental element- knowledge and intent.
Any controlled drug (SPAM) means any substance, preparation, mixture, or article specified or described in Schedule 1, Schedule 2, or Schedule 3; and includes any temporary class drug and any controlled drug analogue
R v Strawbridge
It is not necessary for the crown to establish knowledge on the part of the accused. In the absence of evidence to the contrary knowledge on her part will be presumed. If honest belief if innocence, entitled to be acquitted.
KKI/Guilty Knowledge for Possession Knowledge that drug exists Knowledge that is a controlled drug Actual physical control or some degree of control Intention to possess
For any of the purposes set out in paragraphs c, d, e of S6 MODA
