Liabilities Flashcards
Importing controlled drugs
Section and elements
Section 6(1)(a) MODA 75
Imports into New Zealand
Any controlled drug
Produce / Manufacture
Section and elements
Section 6(1)(b) MODA 75
Produce OR Manufacture
Any controlled drug
Supplying any A or B controlled drug
Section and elements
Section 6(1)(c) MODA 75
Supply OR administer OR offer to supply OR offer to administer OR otherwise deal in
Any class A controlled drug OR any class B controlled drug
To any person
Possess for supply
Section and elements
Section 6(1)(f) MODA 75
A person
Has in their possession
Any controlled drug
For any purpose set out in paragraph (c), (d) or (e)
Supply class C under 18
Section and elements
Section 6(1)(d) MODA 75
Supply OR administer OR offer to supply OR administer
Any class C controlled drug
To any person under 18
Sell class C over 18
Section and elements
Section 6(1)(e) MODA 75
Sell OR offer to sell
Class C controlled drug
To any person of or over 18
Produce
To bring something into existence from its raw materials ei. cannabis to cannabis oil.
Manufacture
The process of synthesis combining raw materials to create a new substance e.g. cooking meth.
R V RUA
Creation of controlled drugs by processes which changes the substance into a drug. Offence is complete with the all not the drug is in a usable form.
Controlled drug types
Substance
Preparation
Article specified
Mixture
Guilty knowledge
Know about the offence
The substance was a controlled drug
Intended to commit the offence
R V STRAWBRIDGE
Knowledge will be presumed if there is no evidence to contrary. The accused need to prove they acted innocently and had no knowledge to be acquitted.
R V EMERALI
Position does not extend to someone at all useless residue. “Usable quantity”
Sell
Exchange for valuable consideration
R V MAGINNIS
More than transfer of physical control
Administer
Cause drug to be taken into the system
R V DURING
Ready on request to supply drugs
R V BROWN
Offence of supply exists when offer is made with intention that it should be understood as genuine
Intent
Intent to commit the act and to get a result
Import
The arrival of goods into New Zealand in any matter with a lawful unlawful from appoint outside New Zealand.
Supply
Includes to distribute give or sell. It includes to furnish or provide something that is needed or desired and the transfer of controlled drugs one person (the supplier) to another the one who desires it.
Controlled drugs imported into New Zealand
- Have the drugs concealed in or on their person or in their luggage
- Have another person a mule bring the goods in for them
- Send or have drugs sent I international mail or courier
- Concealed drugs inside legitimate goods for example within shipping containers
Mens rea of importing
This will involve proof that the defendant:
-Knew about the amputation and
- Knew the importance of this was a controlled drug and
- Intended to cause the importation
Controlled drug
A controlled drug means in substance preparation mixture or article specified or described in schedule one, schedule two, or schedule three of this act and include in a controlled drug analogue
Controlled drug analogue
Means in his substance such as the substance of specified and described in part 7 of schedule 3 to this act that has a structure substantially similar to that of any controlled drug
It is a substance that has a similar dangerous affect but that is not specifically listed in the schedules to this act.
Class A controlled drugs examples
Cocaine
Heroin
Lysergide (LSD)
Methamphetamine
Psilocybin (magic mushrooms)
Class B controlled drug examples
Amphetamine
Cannabis preparations
GHB
MDMA
Morphine
Opium
Pseudoephedrine
Ephedrine
Class C controlled drug examples
Cannabis plant
Kind of a seeds
BZP
Controlled drug analogues
