Liabilities

Question 1

Import/Export Controlled Drug
Section 6(1)(a) Misuse of Drugs Act 1975
Life Imprisonment

Answer 1

1) Imports into OR Exports From New Zealand
- Imports
- Exports
- Saxton v Police
- R v Hancox
- Proof the defendant knew about importation and knew the imported substance was a controlled drug
- R v Strawbridge
- Useable Amount

2) Any controlled drug

Question 2

Produce or Manufacture Any Controlled Drug
Section 6(1)(b) Misuse of Drugs Act 1975
Life Imp/14yrs/8yrs

Answer 2

1) To Produce or Manufacture
- Produce
- Manufacture
- Complete
- Must prove guilty knowledge
- R v Strawbridge
- Police v Emerali
2) Any Controlled Drug

Question 3

Supply/Administer/Offer to Supply or Administer Class A or B Controlled Drug
Section 6(1)(c) Misuse of Drugs Act 1975
Life Imprisonment/14yrs

Answer 3

1) Supply OR Administers OR Offers to Supply Or Administer OR Otherwise deals in
- Supply
- R v Maginnis
- Administer
- Offers to Supply (R v During)
- Offering to Supply
- Offering to administer
- Otherwise deals in
- Must prove guilty knowledge
- Police v Emerali
- R v Strawbridge

2) Any Class A or B drug
- Class A Controlled Drug
- Class B Controlled Drug
- Controlled Drug

3) To any person
- Person

Question 4

Supply/Administer/Offer Class C Controlled Drug to persons under 18years of age
Section 6(1)(d) Misuse of Drugs Act 1975
8 years

Answer 4

1) Supply OR Administers OR Offers to Supply Or Administer OR Otherwise deals in
- Supply
- R v Maginnis
- Administer
- Offers to Supply (R v During)
- Offering to Supply
- Offering to administer
- Otherwise deals in
- Must prove guilty knowledge
- Police v Emerali
- R v Strawbridge

2) Class C Controlled drug
- Class C Controlled drug
- Controlled Drug

3) To any person under the age of 18years
- Person
- Proving Age (Rv Forrest and Forrest)
- In practice this generally……

Question 5

Sells or offers to sell Class C Controlled Drug to persons of or over 18years of age
Section 6(1)(e) Misuse of Drugs Act 1975
8 years

Answer 5

1) Sells OR Offers to Sell
- Sell
- Dealing with Controlled Drugs
- Offers to Sell
- Offers to supply
- Offering to supply
- Must prove Guilty Knowledge
- Police v Emerali
- R v Strawbridge

2) Class C Controlled Drug
- Class C Controlled Drug
- Controlled Drug

3) To any person of or over the age of 18years old
- Person
- Proving Age (R v Forrest and Forrest)
- In practices this generally…….

Question 6

Possession a Controlled Deug for Supply/Administer/Sell/Offer/
Section 6(1)(f) Misuse of Drugs Act 1975;
Life/14yrs/8yrs

Answer 6

1) Possession of
- Actual Possession
- Ideal Possession
OR
- Constructive Possession
- Possession

2) Any Controlled Drug
- Controlled Drug

3) For any of the purposes set out in paras (c) (d) or (e)
- sec 6 (1) (c)
- sec 6 (1) (d)
- sec 6 (1) (e)
- must prove guilty knowledge
- Police v Emerali
- R v Strawbridge
- Dealing with Controlled Drugs - Presumption