MODA 75

Question 1

How do you prove intent in drug cases

Answer 1

Admissions
Circumstantial evidence
Statutory presumptive amounts S.6(6)

Question 2

Ingredient: “for the purposes of supply”

Answer 2

s.6(1)(c) supply/administer/offer to supply or administer / otherwise deals with CLass A or B Controlled Drug to any person.
s.6(1)(d) Supply/administer/offer to … / otherwise deals with Class C controlled drug to person under 18 years of age.
S.6(1)(e) Sells or supplies Class C Controlled Drug to person of or over 18 years old.

MUST HAVE GUILTY KNOWLEDGE:
there must be proof the defendant:
knew about the supply/administer/offer
Knew the substance being supplied/administered was a Controlled Drug.
Intended to cause the supply/administer/offer

USABLE QUANTITY
in any drug offence the quantity of the substance but be measurable and useable.

POLICE V ERMERALI
the serious offence of poss. of a narcotic does not extend to some minute and useless residue of the substance.

R v STRAWBRIDGE
it is not necessary for the crown to establish knowledge on the part of the accused, in the absence of evidence to the contrary it will be presumed, but if there is some evidence that the accused believed on reasonable grounds that the act was innocent then she is entitled to be acquitted unless the jury finds beyond reasonable doubt that that was not so.

S.6(6) for the purpose of s.6(1)(f) a person is presumed until the contrary is proven to have the controlled drug in his possession for one of the purposes in s.6(1) (c)(d)(e) if he is proven to have the controlled drug in or over amount/level/quantity in which it is presumed to be for supply. (see s.2 1A)

Question 3

name examples of class C

Answer 3

Cannabis plant
Cannabis seed
BZP
Any Contolled drug analogue

Question 4

Ingredient: Sells

Answer 4

SELLS
A sale occurs when a quantity or share of a controlled drug is exchanged for valuable consideration, usually this will involve money but anything of value will suffice.

DEALING WITH CONTROLLED DRUGS s.6(5) MODA75
for the purpose of s.6(e) if it is proved that a person supplied a controlled drug to another then until the contrary is proven they are deemed to have sold that controlled drug to the other.

MUST HAVE GUILTY KNOWLEDGE
USEABLE QUANTITY
POLICE V EMERALI
R v STRAWBRIDGE

Question 5

What is a cannabis preparation

Answer 5

produced by subjecting cannabis plant o some sort of process that renders it unrecognizable as a plant

Question 6

Ingredient: Supplies

Answer 6

Supply s.2 MODA75
to distribute, give, sell

Supply means more then the mere transfer of physical custody it involves enabling the received to apply the thing for the purpose in which he desires.

Question 7

Ingredient: Administer

Answer 7

ADMINISTER (Blacks Law DIctionary)
In the context of drug dealing the appropriate meaning of administer is “to cause or direct to be taken into the system of another

Question 8

Ingredient: Exports

Answer 8

TIME OF EXPORTATION s.53 CEA96
For the purpose of the act the time of exportation is the time the exporting craft leaves the last customs place which it calls immediately before proceeding outside NZ.

THERE MUST BE PROOF OF GUILTY KNOWLEDGE …
R v STRAWBRIDGE …
USABLE QUANTITY …
POLICE V EMERALI …

Question 9

Ingredient: Manufacture

Answer 9

Manufacture
manufacture is the process of synthesis, combining components or processing raw materials to create a new substance.

R v RUA
the words manufacture and Produce in s.6(1)(b) broadly cover the creation of controlled drugs by some form of process which changes the original materials into a particular controlled drug.

COMPLETION
The offence is completed once the prohibited substance is created whether or not it is in its useable form.

THERE MUST BE PROOF OF GUILTY KNOWLEDGE …
R v STRAWBRIDGE …
USABLE QUANTITY …
POLICE V EMERALI …

Question 10

Ingredient: Offers to administer

Answer 10

OFFERS (oxford Dictionary)
expresses a reediness for or on behalf of another

ADMINISTER (Blacks Law Dictionary)
In a drug dealing context the appropriate meaning for ‘administer’ is “to direct or cause to be taken into the system of another”

MUST HAVE GUILTY KNOWLEDGE …
USEABLE QUANTITY …
POLICE V ERMERALI …
R V STRAWBRIDGE …

Question 11

Ingredient: class c Controlled drug

Answer 11

Class c controlled drug s.2 MODA75
Any drug specified or described in schedule 3 of this act and includes any controlled drug analogue.

Controlled drug s.2 MODA75
Any substance, preparation, mixture or article specified or described in this act and includes any controlled drug analogue.

Question 12

Ingredient: Produce

Answer 12

PRODUCE
to produce means to bring something into being or cause to be bought into existence from raw materials.

R v RUA:
the terms produce and manufacture in s.6(1)(b) broadly cover the creation of a controlled drug by some form of process which changes the original substances into the particular CD.

COMPLETION
The offence is complete once the CD is created whether or not it is in its useable form.

THERE MUST BE PROOF OF GUILTY KNOWLEDGE …
R v STRAWBRIDGE …
USABLE QUANTITY …
POLICE V EMERALI …

Question 13

Ingredient: IMPORT

Answer 13

Import s.2 CEA96
(a) in relation to goods means the arrival of good into NZ in any manner whether lawful or unlawful from a point outside NZ.

R v SAXTON
to Import means to bring in from abroad or cause to be bought in from a foreign country.

R v HANCOX
The element of importing exists from the time the goods enter NZ until they reach their immediate destination; ie; they have ceased to be under the control of the appropriate authority and are available for the addressee or consignee.

THERE MUST BE PROOF OF GUILTY KNOWLEDGE …
R v STRAWBRIDGE …
USABLE QUANTITY …
POLICE V EMERALI …

Question 14

name some of the statutory presumptive amounts?

Answer 14

Heroin - .5g
Cocain - .5g
Meth - 5g
Ecstasy - 5g
Cannabis oil - 5g
LSD - 2.5g
Cannabis plant - 28g 100 ciggies

any other drug - 56grams

Question 15

name examples of a class B

Answer 15

Cannabis Resin
Ecstasy
Amphetamine
Morphine
Pseudoephedrine
Opium

Question 16

Ingredient: “has in his possession”

Answer 16

s.6(1)(f) MODA75 LIFE/14/8

HAS IN HIS POSSESSION
R v COX
Possession can be actual or potential
Actual possession:
Actual possession is when the drug is actually in physical custody or control of the person
Potential possession:
Potential possession arises when the person has the potential to have the drug in his possession.

s.2(2) MODA75
For the purpose of this act a thing in a persons possession includes anything subject to his control but in the possession of another.

Question 17

Ingredient: Offers to supply or administer

Answer 17

Offer (oxford dictionary)
expresses a readiness for or on behalf of another

R v DURING
An offer is an intimation by the person charged, to another, that he is ready upon request to supply to that other drugs of a kind prohibited by statute.

OFFERS TO SUPPLY (R v BROWN)

• offers to supply the CD that he has on hand.
• offers to supply the CD that he intends to procure in the future.
• offers to supply the CD that he mistakenly believes he can supply.
• offers to supply the CD deceitfully knowing he will never supply it.

SUPPLY s.2MODA75 …

MUST HAVE GUILTY KNOWLEDGE …
USEABLE QUANTITY …
POLICE V ERMERALI …
R V STRAWBRIDGE …

Question 18

Ingredient: Offers to sell

Answer 18

Offers (Oxford dictionary)
expresses readiness for or on behalf of another.

OFFER TO SELL
the prosecution must prove two elements:
The person communicated an offer to sell the CD.
The person intended the other to believe the offer was genuine.

MUST HAVE GUILTY KNOWLEDGE
USEABLE QUANTITY
POLICE V EMERALI
R v STRAWBRIDGE

Question 19

name examples of a class A

Answer 19

Cocaine
Heroin
Methamphetamine
LSD
Magic Mushrooms

Question 20

in drug related offending what must the prosecution prove in relation to possession?

Answer 20

Knowledge the drug exists
knowledge it is a controlled drug
some degree of control over it
an intention to posses it