1. Dealing Offences Flashcards
(41 cards)
What is the definition of a controlled drug?
any substance, preparation, mixture, or article specified or described in Schedule 1, Schedule 2, or Schedule 3 to this Act; and includes any controlled drug analogue.
What is the definition of a controlled drug analogue?
any substance that has a structure substantially similar to that of any controlled drug.
Define Class A, B and C drugs and examples
Class A controlled drugs – the controlled drugs specified or described in Schedule 1 of this Act (pose a very high risk of harm to individuals and society) e.g. cocaine, heroin, LSD, meth, psilocybin.
Class B controlled drugs – the controls drugs specified or described in Schedule 2 of this Act (pose a high risk of harm) e.g. amphetamine, cannabis oil and hash, GHB, MDMA, morphine, opium, pseudoephedrine.
Class C controlled drugs – the controlled drugs specified or described in Schedule 3 of this Act, and includes any controlled drug analogue (moderate risk of harm) e.g. cannabis plant or seed, BZP, controlled drug analogues.
What are the elements of s6(1)(a) - imports/exports?
- Imports into or exports from New Zealand
* Any controlled drug
What is the definition of importation?
means the arrival of goods in NZ in any manner, whether lawfully or unlawfully, from a point outside NZ.
What is the case law regarding importing (definition)?
To import includes “to introduce from abroad or to cause to be brought in from a foreign country”.
(Saxton v Police)
What is the case law regarding the importing process?
The element of importing exists from the time the goods enter NZ until they reach their immediate destination i.e. when they have ceased to be under the control of the appropriate authorities and have become available to the consignee or addressee.
(R v Hancox)
What is the definition of exportation?
when the exporting craft leaves the last Customs place at which that craft calls immediately before proceeding to a point outside NZ.
What is the definition of NZ?
New Zealand – means the land and waters enclosed by the outer limits of the territorial sea of NZ. The outer limit of the territorial sea is 12 nautical miles from the land mass of NZ.
What is meant by guilty knowledge?
For a person to be guilty of an offender they must have guilty knowledge. May involved proof of:
- knowledge of controlled drug
- knowledge of intended use
- knowledge of import/export
- knowledge of produce/manufacture
- knowledge of sale, etc
- knowledge of possession
What is the case law regarding knowledge?
It is not necessary for the Crown to establish knowledge on the part of the accused. In the absence of evidence to the contrary knowledge on her part will be presumed, but if there is some evidence that the accused honestly believed on reasonable grounds that her act was innocent, then she is entitled to be acquitted unless the jury is satisfied beyond reasonable doubt that this was not do.
(R v Strawbridge)
What is meant by useable quantity?
the quantity of the drug involved must be measurable and useable.
What is the case law regarding useable quantity?
The serious offence of… possessing a narcotic does not extend to some minute and useless residue of the substance.
What are the elements of s6(1)(b) - produce/manufacture?
- Produce or manufacture
* Any controlled drug
What is the definition of produce vs manufacture?
Produce – to produce means to bring something into being, or to bring something into existence from its raw materials or elements (involves changing the nature of the original substance e.g. separating cannabis resin from the plant).
Manufacturing – is the process of synthesis; combining components or processing raw materials to create a new substance. (involves creating a different substance from the original material e.g. meth).
What is the case law for produce/manufacture?
The words “produce” or “manufacture” in s6(1)(b) broadly cover the creation of controlled drugs by some form of process which changes the original substances into a particular controlled drug.
(R v Rua)
When is the offence of produce/manufacture complete?
the offence is complete once the prohibited structure is created, whether or not it is in a useable form.
What are the elements of s6(1)(c) - supplies Class A/B?
- Supply or administer, or offers to supply or administer
- Any Class A or Class B controlled drug
- To any other person
What is the definition of supply?
Supply – includes distribute, give or sell.
What is the case law regarding supply?
Supply involves more than the mere transfer of physical control…it includes enabling the recipient to apply the thing…to purposes for which he desires.
(R v Maginnis)
What are the definitions of distribute, give, sell, or administer?
Distributing – relates to the supply of drugs to multiple people. Distribution is complete when the defendant has done all that is necessary to accomplish delivery of the drug to others.
Giving – involves handing over or in some other way transferring an item to another person. The act of giving is complete when the recipient accepts possession, or when the drug is placed under the control of a willing recipient. Giving can occur without an active transfer of drugs e.g. when a person passively permits another to help themselves from a cache of drugs.
Selling – a sale occurs when a quantity or share in a drug is exchanged for some valuable consideration.
Administering – to direct and cause a drug to be taken into the system of another person.
What is the case law regarding offering to supply/intimation?
An offer is an intimation by the person charged to another that he is ready on request to supply to that other drugs of a kind prohibited by the statute. The making of such an intimation, with the intention that it should be understood as a genuine offer, is an offence.
(R v During)
What is the case law regarding ways that drugs can be offered?
The defendant is guilty in the following instances:
1. offers to supply a drug that he has on hand
2. offers to supply a drug that will be procured at some future date
3. offers to supply a drug that he mistakenly believes he can supply
4. offers to supply a drug deceitfully, knowing that he will not supply that drug.
(R v Brown)
What is meant by otherwise deals in?
“Otherwise” deals – this is aimed at dealing in drugs by some other method than by distributing, giving or selling it, or administering it e.g. barter or exchange.
