Questions Flashcards
Offering to supply, what does the crown have to prove?
That the defendant intended the other person to believe the offer, it is not necessary to prove that he actually had the capacity to supply the drugs.
Offering to supply or administer may be conveyed in any manner, and includes…
Words, Writing, or Gestures.
Illegal intent…In considering whether a person knows the qualities of a substance, you need to establish that they:
Know they have the substance,
Know the substances nature or qualities,
Intend to use the substance in a way that allows you to charge them with possession.
Possession in drug cases, what does the crown have to prove.
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.
Proving intent to supply in drug cases, what additional evidence may be inferred from?
Admissions, circumstantial evidence (packaging, scales, cash, tick lists etc) and statutory presumption.
Schedule 5 MODA 1975 - statutory presumptions.
Heroin - 0.5 grams
Cocaine - 0.5 grams
Lysergide (LSD) - 2.5 milligrams or 25 flakes/tablets etc
Methamphetamine - 5 grams
MDMA (Ecstasy) - 5 grams or 100 flakes/tablets etc
Cannabis resin and extract (oil) - 5 grams
Cannabis plant - 28 grams, or 100+ cigarettes
Conspiring to deal, if offenders are out of NZ, what do you have to prove to come within the jurisdiction of the NZ Courts?
It will be necessary to prove that the defendant had done something to complete the conspiracy in NZ, eg. Used NZ Customs or NZ Postal Service.
Supplies equipment/Precursors, what three elements must the Crown prove?
That the defendant has supplied, produced or manufactured equipment, material or precursors.
That those items are capable of being used in the production or manufacturing 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.
Possess equipment/Precursors, what three elements must the Crown prove?
That the defendant has equipment, material or precursors in his possession.
That those items are capable of being used in the production or manufacturing of controlled drugs, or the Cultivation of prohibited plants.
That the defendant has the intention that those items are to be used for such an offence, either by himself or by another person.
Possession offences include?
Possession, Joint Possession, and Attempted possession.
Dealing offences include?
Importing, producing and manufacturing, supplying, administering, offering to supply and otherwise dealing.
Crucial element of conspiring to deal?
Is an intention that is agreed on by two or more people.
Defence for Cultivation of Prohibited plants
Section 9(4)
If person charged proves plant was the species Papaver Somniferum, and not intended to be a source of any Controlled Drug, or that it was not being developed as a strain from which a controlled drug could be produced.
What section of SSAct 2012 is used for conducting internal searches of people believed to be concealing drugs internally?
Section 23
Section 23 SS Act 2012, internal searches. These people must be under arrest for??
Specific offences under sections 6, 7, or 11 MODA 1975, in relation to Class A, B, or C Controlled drugs.
