Drug Dealing

Question 1

Drug Dealing (Importing/Exporting any Controlled Drug)

Answer 1

Section 6(1)(a) MODA 1975

• Import into or export from New Zealand
• Any controlled drug

Question 2

Drug Dealing (Producing/Manufacturing any controlled drug)

Answer 2

Section 6(1)(b) MODA 1975

• produce or manufacture
• Any controlled drug

Question 3

Drug dealing (supplying any class, a or B controlled drug)

Answer 3

Section 6(1)(c) MODA 1975

• supply or administer offer to supply or administer or otherwise deal in
• Any class A controlled drug or class B controlled drug
• to any other person

Question 4

Drug dealing (supplying class C controlled drug to person under 18 years)

Answer 4

Section 6(1)(d) MODA 1975

• supply or administer or offer to supply or offer to administer
• Any class C controlled drug
• to a person under 18 years of age

Question 5

Drug Dealing (sell/offer to sell any class C controlled drug to a person 18+)

Answer 5

Section 6(1)(e) MODA 1975

• sell or offer to sell
• any class C controlled drug
• to a person of or over 18 years of age

Question 6

Drug Dealing (possession of controlled drug for supply)

Answer 6

Section 6(1)(f) MODA 1975

• have in their possession
• Any controlled drug
• For any of the purposes, set out in paragraphs (c), (d) or (e) of s.6(1) MODA 1975

Question 7

Controlled drug definition

Answer 7

Any substance, preparation, mixture, or article specified, or described in schedules, 1, 2 or 3, including any temporary class drug, or any controlled drug analogue

Question 8

Class A controlled drugs

Answer 8

• Cocaine
• Heroin
• LSD
• Methamphetamine
• psylocybine

Question 9

Class B controlled drugs

Answer 9

• amphetamine
• Cannabis oil, cannabis, preparations, cannabis, resident
• MDMA/ecstasy
• Morphine
• Opium

Question 10

R v STRAWBRIDGE

Answer 10

“it is not necessary for the Crown to establish knowledge on the part of the accused”

Question 11

POLICE v EMERALI

Answer 11

“the serious offence of… possessing a narcotic, does not extend to some minute and useless residue of the substance”

Question 12

SAXTON v POLICE

Answer 12

“to import includes to introduce or bring in from abroad, or to cause to be brought in from a foreign country”

Question 13

R v HANCOX

Answer 13

“The process of importation exists from the time the goods enter New Zealand until they reach the immediate destination”

Question 14

R v MARTIN

Answer 14

“It will suffice, if the Crown can prove beyond reasonable doubt that the accused had suspicions aroused as to what they were carrying, but deliberately refrain from making further inquiries, or confirming their suspicion”

Question 15

Define exportation

Answer 15

“the shipment of the goods in any craft for transportation to a point outside New Zealand”

Question 16

R v RUA

Answer 16

“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

Define ‘producing’

Answer 17

“To produce means to bring something into being, or to bring something into existence from its raw materials or elements”

Question 18

R v PARKE

Answer 18

“ the High Court held that, although he had prepared and preserved the mushroom material, he had not produced psilocybine”

Question 19

When is the offence of ‘manufacturing’ complete?

Answer 19

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

Question 20

R v RUA (manufacture)

Answer 20

“Methamphetamine in suspension in a two-layered liquid, although not capable of being used in that state, was held to have been manufactured”

Question 21

Define selling

Answer 21

An exchange of the goods in return for valuable consideration

Question 22

R v KNOX

Answer 22

A person who is in unlawful possession of a controlled drug, which has been deposited for safekeeping, has the intent to supply the drug to another if his intention is to return the drug to the person who deposited it with him

Question 23

R v WILDBORE

Answer 23

A passive custodian, who relinquishes custody of a drug to meet the needs of another, has the necessary intent for supply

It is unnecessary that the accused be shown to perform some positive act of transmission

Question 24

Define giving

Answer 24

To hand the substance over in order to enable the other person to use the drug

Question 25

R v DURING

Answer 25

An offer is an intimation by the person charged to another, that they are ready on request to supply the drugs of a kind prohibited by the statute

Question 26

R v BROWN

Answer 26

The making of such an intimmation, with the intention that it should be understood as a genuine offer, is an offence

Question 27

R v FORREST & FORREST

Answer 27

The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age

Question 28

Presumptive amounts

Answer 28

Heroin 0.5 grams

Cocaine 0.5 grams

LSD, 2.5 g/25 flakes or tablets.

Methamphetamine 5 g

MDMA, 5 g, or 100 flakes or tablets

Cannabis Resin/oil 5 g cannabis, plant 28 g or 100 cigarettes

Question 29

R v MAGINNIS

Answer 29

“Held that the return of the drugs to the friend would have restored the friend’s ability to use the drugs for his own purposes, and the defendant therefore had the necessary intent for supply”

Question 30

R v DONALD

Answer 30

“Held that supply includes the distribution of jointly owned property between it’s co-owners”.

Question 31

Define giving

Answer 31

“Hand the substance over in order to enable the other person to use the drug”

Question 32

Deliberate act

Answer 32

“Intent’ means that act or omission must be done deliberately. More than involuntary or accidental”

Question 33

Define ’manufacturing’

Answer 33

The process of synthesis; combining components or processing raw materials to create a new substance