Other Offences Flashcards
Conspiracy
6(2A) MODA 1975
An agreed intention which is common to the mind of the conspirator.
Mind = to commit.
No actual actioning.
If one of the offences against 6(1) is conspired = offence against 6(2A)
The offence is complete on agreement.
penalty =
A; 14yr
B; 10yr
C; 7yr
Conspiracy to import drugs - when you can prove the defendant has done something to complete the conspiracy in NZ
Supplies Equipment/Precursors
12A(1) MODA 1975
Penalty = 7yrs
Supply/Produce/Manufacture
Any equipment/material that is capable of being used in or for an offence against 6(1)(b) or S9.
Or any precursor substance
Knowing that the equipment/material or substance is to be used in or for the commission of an offence against those provisions
The crown must prove;
The defendant supplied/produced/manufactured the equipment/material/precursor.
That those items are capable of being used in production/manufacturing of controlled drugs or in the cultivation of prohibited plants
-That the defendant knows those items are t be used for such an offence by another person
Precursor
Something that comes before something else.
The starting point of a chemical process that will result in the creation of a new drug.
Possession of equipment/Precursor
12A(2) MODA 1975
Penalty = 7yr
In possession of
Any equipment/material that is capable of being used in or for an offence against 6(1)(b) or S9.
Or any precursor substance
With the intention that the equipment/material or substance is to be used in or for the commission of an offence against those provisions
The crown must prove;
The defendant has the equipment/material/precursor.
That those items are capable of being used in production/manufacturing of controlled drugs or in the cultivation of prohibited plants
-That the defendant has the intention that this items are to be used for such an offence by himself or another.
Cultivating Prohibited Plants
9 MODA 1975
Penalty = 7yr
Expect pursuant to a licence under this Act or as otherwise permitted by regulations made under this Act, no person shall cultivate prohibited plants
Allowing premises/vehicles to be used
12 MODA 1975 Penalty A; 10yr B;7yr Everything else; 3yr
Knowingly permits any premises or any other vessel (aircraft, hovercraft, motor vehicle or any other conveyance) to be used for the purpose of the commission of an offence against this Act
Obstruction of Officers
16 MODA 1975
Every person commits an offence against this Act who wilfully obstructs, hinders, resists or deceives any other person in the execution of any powers conferred on that other person by or pursuant to this Act.
This relates specifically to OBSTRUCTING ANYONE who is executing powers pursuant to MODA 1975.
Summary offences only applied to specific people.
Urlich:
Makes it more difficult to carry out their duty. Words can be sufficient. Causing officer to pause.
Medicine Act 1981
Specifically 43,44,45
Prescription medicines or unnamed or unlaced bottles or packets.
Health Regulations 1998
Specifically sections 11,12
Needles and Syringes
- Offe to an y person for the use by that other person, a used needle or used syringe
- Accepts for use a used needle or syringe
- Disposes of a needle or syringe in a public place.
Possession of the needle per se is not an offence but will become so if the syringe contains a useable amount of a controlled drug.
Cannabis Preparation
S28:
Subjecting cannabis plant material to some kind of processing unless it is in a form that is clearly recognisable as plant material. Ability to upgrade a drug from a class C controlled drug to a class B controlled drug.
E.g. Cannabis plant to cannabis oil
Equipment Definition
Includes the implements, apparatus and other hardware used in the manufacturing, producing or cultivating process.
E.g. Glassware, condensers, heating mantles, pots, timers water pumps
