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CIB 011 > Liabilities > Flashcards

Liabilities Flashcards

1
Q

Import/export controlled drugs – act, section penalty

A

MODA 75, S 6(1)(a), Life imprisonment

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2
Q

Import/export controlled drugs - Ingredients

A
  • Imports into NZ OR Exports from NZ

- any controlled drug

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3
Q

‘Imports into NZ’ Ingredient

A
  • definition of imports (section 2 customs and excise act 1996)
  • Saxton v Police
  • R v Hancox
  • proving guilty knowledge
  • R v Strawbridge
  • definition usable amount
  • Police v Emerali
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4
Q

‘Exports from New Zealand’ Ingredient

A
  • definition of Time exportation (Section 53 Customs and Excise Act 1996)
  • proving guilty knowledge
  • R v Strawbridge
  • definition usable amount
  • Police v Emerali
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5
Q

‘Any controlled drug’ Ingredient

A
  • definition of controlled drug
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6
Q

Produce or manufacture any controlled drug – act, section, penalty

A

MODA 75, s 6(1)(b), class A life imprisonment, class B 14 years, class C 8 years

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7
Q

Produce or manufacture any controlled drug - ingredients

A
  • Produce or manufacture

- any controlled drug

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8
Q

‘Produce’ Ingredient

A
  • definition of produce
  • R v Rua
  • Offence complete
  • proving guilty knowledge
  • R v Strawbridge
  • definition usable amount
  • Police v Emerali
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9
Q

‘Manufacture’ Ingredient

A
  • definition of manufacture
  • R v Rua
  • Offence complete
  • proving guilty knowledge
  • R v Strawbridge
  • definition usable amount
  • Police v Emerali
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10
Q

‘Any controlled drug’ Ingredient

A
  • definition of controlled drug
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11
Q

Supply/administer/offered to supply/offer to administer class A or B controlled drugs – act, section, penalty

A

MODA75, s 6(1)(c), class A life imprisonment, class B 14 years

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12
Q

Supply/administer/offered to supply/offer to administer class A or B controlled drugs - ingredients

A
  • supplies OR administers OR Offers to supply OR offers to administer OR Otherwise deals in
  • class A or B controlled drug

– To any person

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13
Q

‘Supply’ Ingredient

A
  • definition of supply
  • R v Maginnis
  • proving guilty knowledge
  • R v Strawbridge
  • definition usable amount
  • Police v Emerali
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14
Q

‘Administers’ Ingredient

A
  • definition of administers
  • proving guilty knowledge
  • R v Strawbridge
  • definition usable amount
  • Police v Emerali
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15
Q

‘Offers to supply’ Ingredient

A
  • definition of offers
  • R v During
  • R v Brown
  • definition of supply
  • proving guilty knowledge
  • R v Strawbridge
  • definition usable amount
  • Police v Emerali
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16
Q

‘Offers to administer’ Ingredient

A
  • definition of offers
  • Definition of administer
  • proving guilty knowledge
  • R v Strawbridge
  • definition usable amount
  • Police v Emerali
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17
Q

‘Otherwise deals in’ Ingredient

A
  • Definition of “Otherwise deals in”:
    The term ‘otherwise deals’ in paragraph (c) is aimed at dealing in a drug by some means other than by distributing, giving or selling it, administering it or offering to supply or administer at
  • proving guilty knowledge
  • R v Strawbridge
  • definition usable amount
  • Police v Emerali
18
Q

‘Class A controlled drug’ Ingredient

A
  • definition of a class A

– Definition of a controlled drugs

19
Q

‘Class B controlled drug’ Ingredient

A
  • definition of a class B

– Definition of a controlled drugs

20
Q

‘To any person’ Ingredient

A
  • definition of person
21
Q

Supply/administer/offers to supply/offers to administer class C controlled drugs to person under 18 years of age – act, section, penalty

A

MODA75, s 6(1)(d), 8 years imprisonment

22
Q

Supply/administer/offers to supply/offers to administer class C controlled drugs to person under 18 years of age - ingredients

A
  • supplies OR administers OR Offers to supply OR offers to administer OR Otherwise deals in
  • class C controlled drug

– To any person under the
age of 18 years old

23
Q

‘Supplies’ Ingredient

A
  • definition of supply
  • R v Maginnis
  • proving guilty knowledge
  • R v Strawbridge
  • definition usable amount
  • Police v Emerali
24
Q

‘Administers’ Ingredient

A
  • definition of administers
  • proving guilty knowledge
  • R v Strawbridge
  • definition usable amount
  • Police v Emerali
25
Q

‘Offers to supply’ Ingredient

A
  • definition of offers
  • R v During
  • R v Brown
  • definition of supply
  • proving guilty knowledge
  • R v Strawbridge
  • definition usable amount
  • Police v Emerali
26
Q

‘Offers to administer’ Ingredient

A
  • definition of offers
  • Definition of administer
  • proving guilty knowledge
  • R v Strawbridge
  • definition usable amount
  • Police v Emerali
27
Q

‘Otherwise deals in’ Ingredient

A
  • Definition of Otherwise deals in
  • proving guilty knowledge
  • R v Strawbridge
  • definition usable amount
  • Police v Emerali
28
Q

‘Class C controlled drug’ Ingredient

A
  • definition of a class C

– Definition of a controlled drugs

29
Q

‘To any person under the age of 18 years old’ Ingredient

A
  • definition of person
  • R v Forrest and Forrest
  • In practice this generally involves producing the victims birth certificate in conjunction with independent evidence that identifies the victim as the person named in the certificate
30
Q

Sells or offers to sell class C controlled drug to person of or over 18 years of age – act section, penalty

A

MODA75, s 6(1)(e), 8 years imprisonment

31
Q

Sells or offers to sell class C controlled drug to person of or over 18 years of age – ingredients

A
  • sells OR offers to sell
  • class C controlled drug

– To any person of all over the age of 18 years old

32
Q

‘Sells’ Ingredient

A
  • definition of sell

– Definition of dealing with controlled drugs

  • proving guilty knowledge
  • R v Strawbridge
  • definition usable amount
  • Police v Emerali
33
Q

‘Offers to sell’ Ingredient

A
  • Definition of offers

– definition of offers to sell

  • proving guilty knowledge
  • R v Strawbridge
  • definition usable amount
  • Police v Emerali
34
Q

‘Class C controlled drug’ Ingredient

A
  • definition of a class C

– Definition of a controlled drugs

35
Q

‘To any person of all over the age of 18 years old’ Ingredient

A
  • definition of person
  • R v Forrest and Forrest
  • In practice this generally involves producing the victims birth certificate in conjunction with independent evidence that identifies the victim as the person named in the certificate
36
Q

Possess a controlled drug for supply/administer/sell/offer - act, section, penalty

A

MODA 75, s 6(1)(f), class A life imprisonment, class B 14 years, class C 8 years

37
Q

Possess a controlled drug for supply/administer/sell/offer - ingredients

A
  • has in his possession

– Any controlled drug

– For any of the purpose is set out in paragraph’s (c), (d) or (e)

38
Q

‘Has in his possession’ Ingredient

A
  • R v Cox
  • definition of actual possession OR definition of potential possession
  • section 2(2) MODA75
39
Q

‘Any controlled drug’ Ingredient

A

– Definition of controlled drug

40
Q

‘For any of the purpose is set out in paragraph’s (c), (d) or (e)’ Ingredient

A
  • supply or administer, or offer to supply or administer, any class A controlled drug or class B controlled drug to any other person, or otherwise deal in any such controlled drug s 6(1)(c) OR

Supply or administer, or offer to supply or administer, any class C controlled drug to a person under 18 years of age s 6(1)(d) OR

Sell, or offer to sell, any class C controlled drug to a person of or over 18 years of age s 6(1)(e)

  • proving guilty knowledge
  • R v Strawbridge
  • definition usable amount
  • Police v Emerali

– presumption for dealing with controlled drug definition

CIB 011 (16 decks)

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