Drug Dealing

Question 1

What is a Class A controlled drug?

Answer 1

A controlled drug specified in Schedule 1 of the MODA 1975.
They pose a very high risk of harm if misused.

The most common are:

• Cocaine
• Heroin
• LSD (Lysergic acid)
• Methamphetamine
• Magic Mushrooms (Psilocbine)

Question 2

What is a Class B controlled drug?

Answer 2

A controlled drug specified in Schedule 2 of the MODA 1975.
They pose a high risk of harm if misused.

The most common are:

• Amphetamine
• Cannabis preparations - resin and oil
• MDMA (Ecstasy)
• Morphine
• Opium

Question 3

What is a Class C controlled drug?

Answer 3

A controlled drug specified in Schedule 3 of the MODA 1975, and includes any controlled drug analogue.
They pose a moderate risk of harm if misused.

The most common are:

• Cannabis - leaf, plant, or seeds
• BZP
• Codeine

Question 4

Section 6(1)(a) MODA 1975
- ingredients

Answer 4

1. Import into OR export from New Zealand

2. Any controlled drug

Question 5

Section 6(1)(b) MODA 1975
- ingredients

Answer 5

1. Produce OR Manufacture
2. Any controlled drug

b = baking

Question 6

Section 6(1)(c) MODA 1975
- ingredients

Answer 6

1. Supply OR Administer OR Offer to supply OR administer OR otherwise deal in
2. Any class A controlled drug OR Class B controlled drug
3. To any other person

Question 7

Section 6(1)(d) MODA 1975
- ingredients

Answer 7

1. Supply OR Administer OR offer to supply OR offer to administer
2. Any class C controlled drug
3. To a person under 18 years of age

Question 8

Section 6(1)(e) MODA 1975
- ingredients

Answer 8

1. Sell OR Offer to sell
2. Any class C controlled drug
3. To a person of or over 18 years of age

Question 9

Section 6(1)(f) MODA 1975
- ingredients

Answer 9

1. Have in their possession
2. Any controlled drug
3. For any of the purposes set out in paragraphs (c), (d), or (e) of S6(1) MODA 1975

f = for supply

Question 10

Guilty Knowledge

- definition

Answer 10

R V STRAWBRIDGE

Guilty knowledge will be presumed in the absence of evidence to the contrary. It is up to the defendant to raise reasonable doubt as to their state of mind.

If there is some evidence that they honestly believed on reasonable grounds that their act was innocent, they are entitled to be acquitted.

(growing cannabis plants but thought they were tomatoes)

Question 11

Usable Quantity

- definition

Answer 11

In any drug offence the quantity of the drug involved must be measurable and usable.

“Possessing a narcotic does not extend to some minute and useless residue of the substance”
- POLICE V EMERALI

Question 12

Imports

- definition

Answer 12

The arrival of goods in NZ in any manner, whether lawfully or unlawfully, from a point outside NZ.

“Importation means the introduction or bringing in from abroad or causing to be brought in from abroad.”
&
“Importation involves active conduct, it does not cease as the aircraft or vessel enters NZ territorial limits”
- R V HANCOX

Question 13

What is the mens rea of Importing?

Answer 13

Proof that the defendant:

1. Knew about the importation, or was wilfully blind, AND
2. Knew the imported substance was a controlled drug (or was reckless), AND
3. Intended to cause the importation

Question 14

What is wilful blindness?

Answer 14

Knowledge of the importation.
A deliberate failure to inquire when the defendant knows there is a reason for inquiry.
Deliberately turning a blind eye to the facts.

Crown to prove beyond reasonable doubt that the defendant (importer) had their suspicions raised but deliberately refrained from making further inquiries or confirming their suspicion because they wanted to remain in ignorance. R V MARTIN

Question 15

Recklessness

- definition

Answer 15

Knowledge of the drug.
Were their actions reasonable once appreciating that there was a possibility that the substance could be a controlled drug?

Consciously and deliberately taking an unjustifiable risk.

Question 16

What is the Case Law for Producing and Manufacturing?

Answer 16

R V RUA (tahi, RUA = two)

“The words produce or manufacture broadly cover the creation of controlled drugs by some form of process which changes the original substances into a particular controlled drug.”

Question 17

Produce

- definition

Answer 17

To bring something into existence from raw materials or elements, by mixing or combining two or more elements or parts.

eg cannabis oil

Question 18

Manufacture

- definition

Answer 18

The process of synthesis (chemical processes), combining components or processing raw materials to create a new substance.

eg methamphetamine

Question 19

When is the offence of Produce or Manufacture complete?

Answer 19

Once the prohibited substance is created, whether or not it is in a usable form.

eg methamphetamine suspension

Question 20

Supply

- definition

Answer 20

To supply means to furnish or provide something that is needed or desired.

The transfer of drugs from one person to another.

Question 21

Distributing

- definition

Answer 21

Distribution relates to the supply of drugs to multiple people.

Includes the distribution of jointly owned property between it’s co-owners.

Question 22

Giving

- definition

Answer 22

To give means to hand the substance over in order to enable the other person to use the drug for their own purpose.

The recipient accepts possession or the drugs are placed under the control of a willing recipient.

Question 23

Selling

- definition

Answer 23

Te sell involves the typical concept of sale - an exchange of the goods in return for valuable consideration.

Will commonly be money, but anything of value will suffice.

Question 24

Administers

- definition

Answer 24

Involves introducing a drug directly into another person’s system.

Question 25

Offering

- definition

Answer 25

An intention by the offender to another that they are ready on request to supply a controlled drug.

It is not necessary to prove that they had the capacity to supply the drugs.

“The making of such an intimation with the intention that it should be understood as a genuine offer, is an offence.”
- R V BROWN

Question 26

What are the 4 ways the offence of offering to supply can arise?

Answer 26

• Offers to supply a drug that he has on hand
• Offers to supply a drug that will be procured at some future date
• Offers to supply a drug that he mistakenly believes he can supply
• Offers to supply a drug deceitfully, knowing he will not supply that drug

Question 27

To any other person

- definition (drugs)

Answer 27

Must prove the drugs were supplied to another person, although it is not necessary to identify that person

Question 28

Person under 18 years of age

- definition

Answer 28

Must prove the victims age at the time of the alleged offence, using the best evidence available to do so.

R V FORREST AND FORREST

Question 29

Person of or over 18 years of age

- definition

Answer 29

It is only an offence under S6 if the drugs are sold or offer for sale for Class C controlled drugs.
NOTE supply not involving a sale may be an offence under S7 instead.

Must prove the victims age at the time of the alleged offence, using the best evidence available to do so.

R V FORREST AND FORREST

Question 30

Possession

- definition

Answer 30

Actually has the drug in their control and a awareness by the accused that the substance is in their possession and that what is in their possession is a controlled drug.