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Liabilities Flashcards

1
Q

Section 6(1)(a) moda 1975

A

Drug dealing (import/export any controlled drug)
No person shall
Import into or export from
Any controlled drug

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2
Q

Importation case law

A

Saxton- to introduce or bring in from abroad or cause to be brought in from a foreign country

Hancox-importation is a process and does not cease as a vessel crosses New Zealand border. Continues while goods are in transit from the time the goods into New Zealand and up until they have become available to the consignee.

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3
Q

Definition of a controlled drug

A

Substance
Preparation
Article specified
Mixture
Described in schedule 123 of motor including drug analogues.

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4
Q

Controlled drug analogue

A

Class controlled drugs.
A substance with a very similar chemical structure which therefore poses a similar risk to the user .

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5
Q

Class A drugs

A

Cocaine
Heroine
LSD
Meth
Magic mushrooms (Psilocybin)

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6
Q

R V Strawbridge

A

Knowledge is presumed unless there is evidence to the contrary. Accused prove that he acted innocently to be acquitted.

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7
Q

R V Strawbridge

A

Knowledge is presumed unless there is evidence to the contrary. Accused prove that he acted innocently to be acquitted.

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8
Q

Police v Emerali

A

Possession does not extend to any minute or useless residue. Must be a usable amount.

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9
Q

R V Rua

A

The words producer manufacturer broadly cover the creation of control drugs by some form of purposes which changes the original substances into a particular control drug.

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10
Q

Section 29A

A

It is not necessary for the prosecution to prove the fact unless The defendant put the matter in issue.

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11
Q

Class B controlled drug

A

Amphetamine
Cannabis preparations oil
GHB
MDMA
Morphine
Opium
Pseudoephedrine

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12
Q

Class C

A

Cannabis plant
Cannabis seed
BZP
Controlled drug analogues

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13
Q

Produce definition

A

To bring something into being or bring something into existence from its own raw materials.

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14
Q

Section 6(1) B

A

No person shall
Produce or manufacture
Any controlled drug .

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15
Q

Manufacture definition

A

The process of synthesis combining components or processing raw materials to create a new substance

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16
Q

When is the offence complete?

A

The offence is complete once the prohibited substances created whether or not it is an useful form

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17
Q

Section 29B cannabis preparations

A

Class B

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18
Q

Section 6 (1)(c)

A

No person shall
Supply or administer or offer to supply or administer any class a or class b controlled drug

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19
Q

Section 6 (1)(c)

A

No person shall
Supply or administer or offer to supply or administer any class a or class b controlled drug
To any other person

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20
Q

Supply definition

A

Means to furnish or provide something that is needed or desired

Includes distribute, give and sell

21
Q

R v Magginis

A

Supply involves more than the may transfer physical control it is in a labelling the recipient to apply the thing for his own purposes .

22
Q

Distributing

A

R v donald- dividing up for distribution between several different owners

23
Q

Giving

A

Handing over to enable use by the recipient. Giving is complete when the recipient accepts position with the drug is placed under the control of a willing recipient.

24
Q

R v wildbore

A

LSD in a locked shed that her friend was able to access and help herself to when she wanted. Passive custodian who relinquishes custody of a drug to meet the needs of another has necessary intent for supply.

25
R v knox
Boyfriend held onto LSD for his girlfriend and was planning to give it back to her when she returned has necessary intent for supply.
26
Offer to supply or administer. What mass the prosecution prove?
The communicating of an offer to supply or administer a controlled drug. The intention that the other person believes the offer to be genuine .
27
R v during
Ready on request to supply drug
28
R v Brown The defendant is guilty:
-Offers to supply a drug that he has on hand -Offers to supply drug that will be procured at some future date -Offers to supply a drug that he mistakenly believes he can supply -Office to supply drug the sleepily knowing he will not supply that drug
29
Section 6(1)(d)
No person shall supply or administer or offer to supply or administer any controlled drug to any person under 18 years
30
R v Forest and forest
The best evidence must be reduced by prosecution in proving the victims age. Birth certificate, independent evidence that identifies the victim for example a parent.
31
Section (6)(e)
No person shall Sell or offer to sell Any class C controlled drug To any person of or over 18
32
Section 6(1)(f)
No person shall Have in his position any controlled drug for the purposes set out in 6C, 6D or 6E
33
Importation: Prosecution must prove ?
Knew about the importation Knew that the goods were a controlled drug Intended to cause the importation
34
R v cox-two elements
Physical element:Actual /potentialcustody or control Mental element: knowledge and intent
35
Possession- Prosecution must prove:
Knew that the drug existed knew that it is a controlled drug Actual physical control or some degree of control over it And intention to possess it
36
Section 6(6) presumption
The presumption that the drug is for sale or supply may be rebuted if the person is able to prove on the balance probabilities that they did not intend to commit a dealing offence not withstanding the amount. I.e heavy addict personal use
37
Section 16 bail act
Defendant who charged with convicted of a drug dealing offence may be granted bail -In any case by high court judge -If the Defendant does not have prior convictions by order of DC judge
38
R V McGinty-CHIS
Disclosure of the identity of alleged performance was not required under the act. Section 64 of the evidence at 2006 grants privileged to inform that protects their identity and extends information that is likely to disclose their identity.
39
Section 6(2)(A)
Conspiring to deal with controlled drugs Agreed upon by two or more people . Penalty : 14 years for class A, 10 years for class B, 7 years for class C.
40
Section 12 (1 &2)
Possession of equipment/precursors Crown must prove three elements : -Has the equipment material or precursor in his possession -Those items are capable of being used in the production or manufacture of controlled drugs or cultivation of prohibited plants -Intended that those items have to be used for such an offence by himself or another
41
Section 12
Allowing premises or vehicles to be used Penalty : 10,7, 3 Knowingly permit any premises or vehicle , aircraft , hovercraft -for the purpose of the commission of an offence against moda
42
Section 12
Allowing premises or vehicles to be used Penalty : 10,7, 3 Knowingly permit any premises or vehicle , aircraft , hovercraft -for the purpose of the commission of an offence against moda
43
Section 16
Will hopefully obstruct hinders resisted deceives any person Acting in the execution of any power pursuant to this act
44
Regulation 11
If Pearson commits an offence who: -The other person for you by the other person are used needle or used syringe -For use use needle or use syringe -Disposes of a needle or syringe in public place
45
Controlled delivery
Occurs when a consignment of illicit drugs is detected. makes it possible for the delivery of those goods to be made under the control of NZ customs and Police in order to gain evidence against those involved for importation or exportation.
46
How does a controlled delivery occur
International mail centre International Airport (body packing, luggage) Imported air or sea freight Trans air or sea freight Arriving commercial vessel
47
Misuse of drugs amendment at 1978 Section 12 and 81
Allows delivery of unlawful imported drugs or precursors for the purpose of detection. Searches of persons places and vehicles relating to deliveries under section 12
48
Section 81 and surveillance at 2012
A Constable or customs officer may, during the course of a delivery, do the following without warrant Such a person involved in the delivery In search any place, craft or vehicle Sees anything that they have regional grant to believe is a controlled drug precursor package in relation to s.6 or s.12

Drugs (2 decks)

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