Other Offences

Question 1

Section and wording of Conspiring to deal with controlled drugs

Answer 1

s6(2A) MODA 1975

• Every person who conspires with any other person
• To commit an offence against subsection (1) of this section

Question 2

Define conspiracy

Answer 2

An agreed intention which is common in the mind of the conspirators and a common design to commit the offence.

Conspiracy requires at least two people.

Question 3

What is necessary for conspiracy to import controlled drugs to come under NZ jurisdiction?

Answer 3

The defendant must have done something to complete the conspiracy in NZ

Question 4

When is conspiracy complete?

Answer 4

When the agreement is made

Question 5

Can there be a conspiracy to deal drugs between two people if one is supplying the other?

Answer 5

Yes

Question 6

What are the maximum sentences for conspiracy charges based on class of drugs?

Answer 6

Class A - 14 years
Class B - 10 years
Everything else - 7 years

Question 7

If a person supplies or possesses equipment or precursors what offence should you consider?

Answer 7

Equipment, material and substances used in production or cultivation of controlled drugs

Question 8

Outline the wording of Equipment, material and substances used in production or cultivation of controlled drugs

Answer 8

Makes it an offence if:
- Any person supplies, manufactures or produces any equipment , material or precursor for another, knowing it will be used for an offfence against s6(1)(b) or s9
- Person is in possession of equipment, material or precursor capable of being used for s6(1)(b) or s9 with intent to use it for such an offence

Question 9

What must the crown show for a Equipment, material and substances used in production or cultivation of controlled drugs charge

Answer 9

_ They supplied or manufactured the thing
- The thing was capable of being used to produce or manufacture controlled drugs
- They knew the thing would be used for this purpose

Question 10

Define equipment as is relates to manufacturing drugs and give examples

Answer 10

Implements, apparatus or hardware.

Examples:
- Glass ware
- Heating mantels
- Condensers

Question 11

Define material as is relates to manufacturing drugs and give examples

Answer 11

Anything used in the manufacturing or producing of drugs which isn’t equipment.

Includes chemicals, instructions, nutrients

Question 12

Define precursor and give three examples

Answer 12

It means “fore-runner” and is a substance that is the starting point in a chemical process that will result in a controlled drug.

Examples:
- Ephedrine/pseudoephedrine for meth
- Lysergic Acid for LSD
- Aceticanhydride for heroin

Question 13

At what stage in the manufacturing process would you consider a Equipment, material and substances used in production or cultivation of controlled drugs charge?

Answer 13

Before the controlled drugs are made. No controlled drug needs to have been successfully made for this charge.

Question 14

Is it necessary to show the defendant was going to use drug making equipment themselves to charge them in relation?

Answer 14

No. Anyone could use it in the future, but they would need to have it for this purpose.

Question 15

Discuss Cultivation of prohibited plants and what is it’s section

Answer 15

Section 9 MODA 1975.

Unless under a license or regulation in MDOA 1975 it is an offence to cultivate a prohibited plant.

Question 16

Can someone legally have opium poppy?

Answer 16

Yes if they can show a controlled drug was not the intention

Question 17

Discuss section 12 of MODA 1975 and associated sentencing (Use of Premises or vehicle)

Answer 17

It is an offence to knowingly permit any premises, vehicle, vessel or aircraft for the purpose of an offence against MODA 1975

Sentencing is based on the class of drug (10-7-3)

Question 18

Discuss obstruction offences under MODA 1975

Answer 18

It is an offence to obstruct, resist etc any person in the execution of any power under this act.

Obstruct means to make harder.

Words are sufficient for obstruction.