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Drugs 011 > Liabilities > Flashcards

Liabilities Flashcards

1
Q

Importing controlled drugs

Section and elements

A

Section 6(1)(a) MODA 75

Imports into New Zealand
Any controlled drug

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2
Q

Produce / Manufacture

Section and elements

A

Section 6(1)(b) MODA 75
Produce OR Manufacture
Any controlled drug

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3
Q

Supplying any A or B controlled drug

Section and elements

A

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

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4
Q

Possess for supply

Section and elements

A

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)

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5
Q

Supply class C under 18

Section and elements

A

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

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6
Q

Sell class C over 18

Section and elements

A

Section 6(1)(e) MODA 75

Sell OR offer to sell
Class C controlled drug
To any person of or over 18

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7
Q

Produce

A

To bring something into existence from its raw materials ei. cannabis to cannabis oil.

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8
Q

Manufacture

A

The process of synthesis combining raw materials to create a new substance e.g. cooking meth.

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9
Q

R V RUA

A

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.

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10
Q

Controlled drug types

A

Substance
Preparation
Article specified
Mixture

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11
Q

Guilty knowledge

A

Know about the offence
The substance was a controlled drug
Intended to commit the offence

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12
Q

R V STRAWBRIDGE

A

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.

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13
Q

R V EMERALI

A

Position does not extend to someone at all useless residue. “Usable quantity”

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14
Q

Sell

A

Exchange for valuable consideration

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15
Q

R V MAGINNIS

A

More than transfer of physical control

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16
Q

Administer

A

Cause drug to be taken into the system

17
Q

R V DURING

A

Ready on request to supply drugs

18
Q

R V BROWN

A

Offence of supply exists when offer is made with intention that it should be understood as genuine

19
Q

Intent

A

Intent to commit the act and to get a result

20
Q

Import

A

The arrival of goods into New Zealand in any matter with a lawful unlawful from appoint outside New Zealand.

21
Q

Supply

A

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.

22
Q

Controlled drugs imported into New Zealand

A
  • 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
23
Q

Mens rea of importing

A

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

24
Q

Controlled drug

A

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

25
Q

Controlled drug analogue

A

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.

26
Q

Class A controlled drugs examples

A

Cocaine
Heroin
Lysergide (LSD)
Methamphetamine
Psilocybin (magic mushrooms)

27
Q

Class B controlled drug examples

A

Amphetamine
Cannabis preparations
GHB
MDMA
Morphine
Opium
Pseudoephedrine
Ephedrine

28
Q

Class C controlled drug examples

A

Cannabis plant
Kind of a seeds
BZP
Controlled drug analogues

Drugs 011 (3 decks)

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