Liabilities Flashcards
Importation - Section, Act, Penalty
6(1)(a) MODA 1975
Penalty - Life imprisonment
Importation Elements
Import into
New Zealand
Any controlled drug
Import into - Element Definition and relevant case law
In relation to any goods, means the arrival of goods into New Zealand in any manner, whether lawfully or unlawfully from a point outside of New Zealand
Saxton:
To import includes to introduce or bring in from abroad or to cause to be brought in from a foreign country
Hancox:
Importation is a process.
It does not cease when the goods cross the NZ border. The process continues until they reach their immediate destination whether they have ceased to be under the control of the appropriate authorities and have become available to the consignee of addressee
New Zealand - Element Definition
Means the land and waters enclosed by the outer limits of the territorial sea of NZ. The outer territorial sea is 12 miles form the land mass of NZ.
Any controlled drug - Element Definition and relevant case law
Any substance, preparation, article or mixture specified or descried in Schedule 1, 2 or 3 to this Act and includes any controlled drug analogue.
Strawbridge
Emerali
Strawbridge Case Law
It is not necessary or the crown to estalish knowledge on the part of the accessed.
In the absence of evidence to the contrary knowledge on her part will be presumed. But if there is some evidence that the accused honestly believed on reasonable grounds that her act was innocent then she is entitled to be acquitted. Unless the jury is satisfied beyond reasonable doubt that this was not so.
Knowledge - To be proved by prosecution
The Defendant:
Knew about the importation (offence)
Knew that the imported substance was a controlled drug
Intended to cause the importation (offence)
Emerali Case Law
The serious offence of possessing a narcotic does not extend to some minute and useless residue of the substance
Wilful Blindness
Martin:
In terms of proving guilty knowledge, proof that the Defendant deliberatly turned a blind eye will suffice.
If the crown can prove beyond reasonable doubt that the accused had her suspicions aroused but deliberately refrained from making further inquiries or confirming her suspicion because she wanted to remain in ignorance.
Controlled Drug Analogue
Has a structure substantially similar to that f any controlled drug - Class C
Produce/Manufacture - Act, Section, Penalty
6(1)(b) MODA 1975
A; Life
B; 14yrs
C; 8yrs
Produce/Manufacture Elements
Produce or Manufacture
Any controlled drug
Produce - Element Definition, Case Law
Means to bring something into being or to ring something into existence from its raw materials
RUA:
The words produce and manufacture broadly cover the creation of a new drug by some form of process which changes the original substance into a particular controlled drug.
The offence is complete once the prohibited substance is created, whether or not it is in a usable form
KKI
Manufacture - Element Definition, Case Law
The process of synthesis. Combining raw components or processing raw materials to create a new substance.
RUA:
The words produce and manufacture broadly cover the creation of a new drug by some form of process which changes the original substance into a particular controlled drug.
The offence is complete once the prohibited substance is created, whether or not it is in a usable form
KKI
Supply/Administer/Offer to/Otherwise deal in Class A/B - Section, Act, Penalty
6(1)(c) MODA 1975
A; Life
B; 14yrs
Supply/Administer/Offer to/Otherwise deal in Class A/B - Elements
Supply/Administer/Offer to Supply/Administer/Otherwise Deal in
Any class A or B controlled drug
To any person
Supply - Element Definition, Case Law
Supply includes to distribute, give or sell.
Means to furnish something or proved something that is needed or desired.
Maginnis:
Supply involves more than the mere transaction of physical control. It includes enabling the recipient to apply the thing to purpose for which he requires
Distribute
Distributing the controlled drugs to multiple people.
Donald;
supply includes the distribution of jointly owner property between its co-owners.
Giving
Involves handing over or in some other way transferring an item to another person.
Knox:
A person who is in unlawful possession of a controlled drug which has been deposited it for safe keeping as the intent to supply that drug to another if his intern is to retune the drug to the person who deposited it to him.
Wildbore:
A passive custodian who reliquenches custody of a drug to meet the needs of another has the necessary intent to supply.
Sell
Selling occurs when a quantity or shoe in a. drug is exchanged for some valuable consideration
Administer- Element Defintion
To introduce directly into the system of another.
Offer to - Element Definition, Case Law
Arousing another persons interests in controlled drugs or tempting another to use them.
Prosecution to prove:
The communicating of the offer to supply/administer CD (actus reus)
An intention that the other person believes the offer is genuine. (mens rea)
During
An offer is an intimidation by the person charged to another that he is ready on request to supply.
Brown:
An offer can arise in a variety of ways:
- Offer to supply drugs he has on hand.
- Offer to supply drugs that will be procured at some future date.
- Offer to supply a drug he mistakenly believes he can supply.
- Offer to supply a drug deceitfully knowing he will not supply that drug.
Brown:
The making of such intimidation with the intention that it should be understood as a genuine offer, is an offence
Otherwise Deal in - Element Definition
Dealing a drug in some other means to barter or exchange
To any other person - Element Definition
The offence is gender neutral.
A person is generally accepted by judicial notice and provided by circumstantial evidence.
Supply/Administer/Offer to Person under 18yrs - action, Act, Penalty
6(1)(d) MODA 1975
Penalty = 8yrs
Supply/Administer/Offer to Person under 18yrs - Elements
Supply/Administer/Offer to
Any Class C Controlled Drug
To Person Under the Age of 18yrs
To Person Under 18yrs - Element Definition, Case Law
A person in generally accepted by judicial notice and proved by circumstantial evidence.
Forrest and Forrest:
The best evidence possible in the circumstances should be adduced by the prosecution in terms of the Victims age
Proof of age
KKI
Sell or offer to sell Class C to Person of or over the age of 18 - Section, Act, Penalty
6(1)(e) MODA 1975
Penalty = 8yrs
Sell or offer to sell Class C to Person of or over the age of 18 -Elements
Sell or offer to sell
Any class C controlled drug
To any person of or over the age of 18
Possession of any controlled drug for the purpose of …- Section, Act, Penalty
6(1)(f) MODA 1975 Penalty A; Life B; 14yr C;8yr
Possession of any controlled drug for the purpose of … - Element Definition, Case Law
Cox:
Possession involves two elements. The first is physical, actual or potential physical controlled or custody
The second is mental element. A combination of knowledge and intention. Knowledge is. sense of awareness by the accused that the substance in his possession is a controlled drug and an intention to exercise that possession
How is intent shown
Through the Defendant actions and words before, during and after offending
Surrounding circumstances
The nature of the Act itself
Intent to commit the act
Intent to get a specific result
Intent is am act or omission done deliberately. Its more than involuntary or accidental.
KKI
Class A, B, C
Controlled drugs specified or described in S1, S2 or S3
+ C = And includes any controlled drug analogue
When does importing start and when is it complete
Commences at the point of origin and continues until the drugs have reached their ultimate destination in NZ
When they have reached their final destination and are available to consignee or addressee
