Misc 2 - Pg 34 - 51

Question 1

In drugs cases additional evidence of intent to supply may be inferred from?

Answer 1

• admissions
• circumstantial evidence (packaging, scales, cash, tick lists etc)
• the statutory presumption under section 6(6).

Question 2

Presumptive amount Herion?

Answer 2

0.5 grams

Question 3

Presumptive amount Cocaine?

Answer 3

0.5 grams

Question 4

Presumptive amount Lysergide?

Answer 4

2.5 milligrams or 25 flakes, tablets etc

Question 5

Presumptive amount Methamphetamine?

Answer 5

5 grams

Question 6

Presumptive amount MDMA?

Answer 6

5 grams or 100 flakes, tablets etc

Question 7

Presumptive amount cannabis resin and extract (oil)?

Answer 7

5 grams

Question 8

Presumptive amount cannabis plant?

Answer 8

28 grams or 100 or more cigarettes

Question 9

What is a criminal conspiracy ?

Answer 9

A criminal conspiracy consists of an agreed intention which is common to the mind of the conspirators and a common design to commit the offence, rather than any actual action.

Conspiracy completed when the agreement has been made.

It will be necessary to prove that the defendant had done something to complete the conspiracy in New Zealand for the offence to come within the jurisdiction of the New Zealand courts.

Question 10

What must the Crown prove in relation to section 12A(1) supplies equipment/precursors?

Answer 10

For charges under section 12A(1) the Crown must prove three elements:

• that the defendant has supplied, produced or manufactured equipment, material or precursors
• that those items are capable of being used in the production or manufacture of controlled drugs, or the cultivation of prohibited plants
• that the defendant knows those items are to be used for such an offence by another person.

Question 11

Define equipment?

Answer 11

The term “equipment” is not defined by statute, but will include the implements, apparatus and other hardware used in the manufacturing, producing or cultivating process.

Examples may include: glassware, condensers, heating mantles etc used in the manufacture of methamphetamine; or pots, lights, timers, water pumps etc used in cultivating cannabis.

Question 12

Define material?

Answer 12

“Material” is also not defined; in practice the term is likely to include anything used in the process of producing, manufacturing or cultivating that cannot be properly described as equipment.

Examples may include: chemicals (other than those classified as precursors); documents providing instructions on the manufacturing or cultivating process; or fertilisers, nutrients etc used in cultivation.

Question 13

What is precursor?

Answer 13

The word “precursor” means “fore-runner” - something that comes before something else.

Examples of some of the precursors listed in Schedule 4 are:

• Acetic anhydride (precursor to heroin)
• Lysergic acid (precursor to LSD)
• Ephedrine / pseudoephedrine (precursors to methamphetamine)

Question 14

1. What activities does the term ‘supplying a drug’ cover?

Answer 14

Supplying drugs includes distributing, giving or selling drugs.

Question 15

2. What are the two elements that the prosecution has to prove in relation to the offence of offering to supply?

Answer 15

The elements of the offence of offering to supply are:
− the use of words that convey an offer
− the intention to make the other person believe the offer that has been made is real.

The offender need not have the drugs nor even intend to sell them to be guilty of the offence.

Question 16

3. What difference does age make to the offences involving Class C controlled drugs?

Answer 16

The difference in age regarding drug offences means that, when the receiver is:

− under 18 years of age, it is illegal to supply or administer, or offer to supply or administer, a Class C controlled drug to them
− over 18 years of age, the only offences are to sell, or offer to sell, them a Class C controlled drug.

Question 17

4. Mike has been charged with possession of 5 grams of methamphetamine. List the four things you have to prove in relation Mike’s possession of that drug?

Answer 17

To prove possession of a drug, the Crown must prove that Mike had:
− knowledge that the drug exists
− knowledge that it is a controlled drug
− actual physical control or some degree of control over it
− an intention to possess it

Question 18

1. In relation to an offence against s9 of the Misuse of Drugs Act 1975, what must you prove?

Answer 18

1. You must prove the identity of the suspect and that he or she cultivated a prohibited plant.

Question 19

2. What is the difference between the offence of obstruction contained in the Summary Offences Act 1981 and the Misuse of Drugs Act 1975?

Answer 19

2. The offence of obstruction in the Misuse of Drugs Act relates specifically to obstructing anyone who is executing powers under the Misuse of Drugs Act 1975.

Question 20

3. Under section 9(4) there is a defence to a charge of cultivation of a prohibited plant. What is this defence?

Answer 20

3. It shall be a defence to a charge of cultivation of a prohibited plant if the person charged proves that the prohibited plant was of the species Papaver somniferum, and that it was not intended to be a source of any controlled drug nor that it was being developed as a strain from which a controlled drug could be produced.

Question 21

4. Rose owns a rural property. John, her son, resides with her. John uses the spare bedroom to grow cannabis, which he then supplies to the locals. Rose is aware of John’s illegal activities but does not have any involvement in his activities whatsoever. What can Rose be charged with?

Answer 21

4. Rose can be charged under section 12(1) as she is knowingly permitting her premises (spare room) to be used by John to cultivate and supply cannabis, which is an offence against the MODA 1975.