Criminal Liablities Flashcards
(39 cards)
ROBBERY
Crimes Act 1961, Section 234(1)
- Theft
- Accompanied by violence OR accompanied by threats of violence
- To any person or property
- Used to extort the property stolen OR to prevent or overcome resistance to its being stolen
THEFT
Dishonestly
In relation to an act or omission, means done or omitted without a belief that there was express or implied consent to, or authority for, the act or omission from a person entitled to give such consent or authority.
Claim of right
In relation to any act, means a belief at the time of the act in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed, although that belief may be based on ignorance or mistake of fact or of any matter of law other than the enactment against which the offence is alleged to have been committed.
Skivington - claim of right is a defence to robbery.
Taking
Lapier - taking complete the instant the property is taken, even if possession by the thief is only momentary.
Peat - immediate return of goods by the robber does not purge the offence, subject to the necessary intent.
Possession
Cox - possession involves the physical element (actual or potential physical custody or control) and the mental element (knowledge and intention).
Property
Real and personal property, and any estate or interest in any real or personal property, money, electricity, and any debt, and any thing in action, and any other right or interest.
Intent to deprive permanently
An intent to deprive any owner permanently of property includes an intent to deal with property in such a manner that (a) the property cannot be returned to any owner in the same condition; or (b) any owner is likely to be permanently deprived of the property or of any interest in the property.
Intent
Deliberate act and an intent to produce a specific result.
Collister - circumstantial evidence includes:
- offender’s actions and words before, during, and after the event
- surrounding circumstances
- nature of the act itself
ACCOMPANIED BY VIOLENCE
Maihi - there must be a nexus between the act of stealing and a threat of violence. Both must be present but are not required to be contemporaneous.
Mitchell - property handed over as a result of threats previously made but still on the mind of the victim at the time.
Violence
Peneha - actions of defendant forcibly interfere with personal freedom or amount to forcible powerful or violent action producing a very marked or powerful effect tending to cause bodily injury or discomfort.
Threats of violence
Broughton - manifestation of an intention to inflict violence unless the money or property be handed over. May be direct or veiled, conveyed by words or conduct or a combination of both.
AGGRAVATED ROBBERY
GBH
Crimes Act 1961, Section 235(a)
- robs any person
- at the time of, OR immediately before OR immediately after, the robbery,
- causes grievous bodily harm
- to any person
ROBS ANY PERSON
(as robbery)
CAUSES GRIEVOUS BODILY HARM
GBH can be defined as harm that is really serious
Smith - bodily harm needs no explanation and grievous means no more and no less than really serious.
AGGRAVATED ROBBERY
together with
Crimes Act 1961, Section 235(b)
- being together with any other person or persons,
- robs
- any person
BEING TOGETHER WITH ANY OTHER PERSON OR PERSONS
Physical proximity
Joyce - at least two persons were physically present at the time the robbery was committed or assault occurred.
Joint enterprise
Galey - two or more persons having the common intention to use their combined force.
ROBS
(as robbery)
AGGRAVATED ROBBERY
offensive weapon
Crimes Act 1961, Section 235(c)
- being armed with any offensive weapon or instrument, OR any thing appearing to be such a weapon or instrument
- robs
- any other person
BEING ARMED
The defendant is carrying the item or has it available for immediate use as a weapon.
OFFENSIVE WEAPON
Any article made or altered for use for causing bodily injury, or intended by the person having it with him or her for such use.
or
Any article capable of being used for causing bodily injury.
ROBS
(as robbery)
ASSAULT WITH INTENT TO ROB
GBH
Crimes Act 1961, Section 236(1)(a)
- With intent to rob any person
- causes grievous bodily harm to that person or any other person
ASSAULT WITH INTENT TO ROB
offensive weapon
Crimes Act 1961, Section 236(1)(b)
- With intent to rob any person
- being armed with any offensive weapon or instrument, OR any thing appearing to be such a weapon or instrument
- assaults that person or any other person
ASSAULT WITH INTENT TO ROB
together with
Crimes Act 1961, Section 236(1)(c)
- With intent to rob any person
- being together with any other person or persons
- assaults that person or any other person
ASSAULT WITH INTENT TO ROB
subsection 2 - assault
Crimes Act 1961, Section 236(2)
- Assaults any person
- with intent to rob that person or any other person
ABDUCTION
marriage or civil union
Crimes Act 1961, Section 208(a)
- Unlawfully
- Takes away OR Detains
- A Person
- Without their consent OR with consent obtained by fraud or duress
- With intent to go through a form of marriage or civil union with the person
UNLAWFULLY
Without lawful justification or excuse.
TAKES AWAY or DETAINS
Crossan - taking away and detaining are separate and distinct offences.
Taking away
Wellard - the deprivation of liberty coupled with a carrying away from the place where the victim wants to be.
Detains
Pryce - detaining is an active concept meaning to keep in confinement or custody, contrasted to the passive concept of harbouring.
WITHOUT THEIR CONSENT
Cox - consent must be full, voluntary, free and informed … freey and voluntarily given by a person in a position to form a rational judgment.
WITH CONSENT OBTAINED BY DURESS
The critical question in relation to duress is whether the threats, pressure or coercion are such that they destroy the reality of consent and overbear the will of the individual.
INTENT
Must have an intention to commit the act and an intention to get a specific result.
Result means “aim, object, or purpose”. Simester and Brookbanks
Collister - circumstantial evidence from which an offender’s intent may be inferred can include:
- offender’s actions and words before, during, and after the event
- surrounding circumstances
- nature of the act itself
Mohi - offence is committed at the time of taking away, so long as there is, at that moment, the necessary intent.
ABDUCTION
sexual connection
Crimes Act 1961, Section 208(b)
- Unlawfully
- Takes away OR Detains
- A person
- Without their consent OR with consent obtained by fraud or duress
- With intent to have sexual connection with the person
UNLAWFULLY
Without lawful justification or excuse.
TAKES AWAY or DETAINS
Crossan - taking away and detaining are separate and distinct offences.
Taking away
Wellard - the deprivation of liberty coupled with a carrying away from the place where the victim wants to be.
Detains
Pryce - detaining is an active concept meaning to keep in confinement or custody, contrasted to the passive concept of harbouring.
WITHOUT THEIR CONSENT
Cox - consent must be full, voluntary, free and informed … freey and voluntarily given by a person in a position to form a rational judgment.
WITH CONSENT OBTAINED BY DURESS
The critical question in relation to duress is whether the threats, pressure or coercion are such that they destroy the reality of consent and overbear the will of the individual.
INTENT
Must have an intention to commit the act and an intention to get a specific result.
Result means “aim, object, or purpose”. Simester and Brookbanks
Collister - circumstantial evidence from which an offender’s intent may be inferred can include:
- offender’s actions and words before, during, and after the event
- surrounding circumstances
- nature of the act itself
Mohi - offence is committed at the time of taking away, so long as there is, at that moment, the necessary intent.
ABDUCTION
cause marriage/civil union or sex with other
Crimes Act 1961, Section 208(c)
- Unlawfully
- Takes away OR Detains
- A Person
- Without their consent OR with consent obtained by fraud or duress
- With intent to cause the person to go through a form of marriage or civil union, or to have sexual connection, with some other person
UNLAWFULLY
Without lawful justification or excuse.
TAKES AWAY or DETAINS
Crossan - taking away and detaining are separate and distinct offences.
Taking away
Wellard - the deprivation of liberty coupled with a carrying away from the place where the victim wants to be.
Detains
Pryce - detaining is an active concept meaning to keep in confinement or custody, contrasted to the passive concept of harbouring.
WITHOUT THEIR CONSENT
Cox - consent must be full, voluntary, free and informed … freey and voluntarily given by a person in a position to form a rational judgment.
WITH CONSENT OBTAINED BY DURESS
The critical question in relation to duress is whether the threats, pressure or coercion are such that they destroy the reality of consent and overbear the will of the individual.
INTENT
Must have an intention to commit the act and an intention to get a specific result.
Result means “aim, object, or purpose”. Simester and Brookbanks
Collister - circumstantial evidence from which an offender’s intent may be inferred can include:
- offender’s actions and words before, during, and after the event
- surrounding circumstances
- nature of the act itself
Mohi - offence is committed at the time of taking away, so long as there is, at that moment, the necessary intent.
KIDNAPPING
ransom or service
Crimes Act 1961, Section 209(a)
- Unlawfully
- Takes away OR Detains
- A person
- Without their consent OR with consent obtained by fraud or duress
- With intent to hold him or her for ransom or to service
UNLAWFULLY
Without lawful justification or excuse.
TAKES AWAY or DETAINS
Crossan - taking away and detaining are separate and distinct offences.
Taking away
Wellard - the deprivation of liberty coupled with a carrying away from the place where the victim wants to be.
Detains
Pryce - detaining is an active concept meaning to keep in confinement or custody, contrasted to the passive concept of harbouring.
WITHOUT THEIR CONSENT
Cox - consent must be full, voluntary, free and informed … freey and voluntarily given by a person in a position to form a rational judgment.
WITH CONSENT OBTAINED BY DURESS
The critical question in relation to duress is whether the threats, pressure or coercion are such that they destroy the reality of consent and overbear the will of the individual.
INTENT
Must have an intention to commit the act and an intention to get a specific result.
Result means “aim, object, or purpose”. Simester and Brookbanks
Collister - circumstantial evidence from which an offender’s intent may be inferred can include:
- offender’s actions and words before, during, and after the event
- surrounding circumstances
- nature of the act itself
Mohi - offence is committed at the time of taking away, so long as there is, at that moment, the necessary intent.
HOLD HIM OR HER FOR RANSOM
A ransom is a sum of money demanded or paid for the release of a person being held captive.
KIDNAPPING
confined or imprisoned
Crimes Act 1961, Section 209(b)
- Unlawfully
- Takes away OR Detains
- A Person
- Without their consent OR with consent obtained by fraud or duress
- With intent to cause him or her to be confined OR imprisoned
UNLAWFULLY
Without lawful justification or excuse.
TAKES AWAY or DETAINS
Crossan - taking away and detaining are separate and distinct offences.
Taking away
Wellard - the deprivation of liberty coupled with a carrying away from the place where the victim wants to be.
Detains
Pryce - detaining is an active concept meaning to keep in confinement or custody, contrasted to the passive concept of harbouring.
WITHOUT THEIR CONSENT
Cox - consent must be full, voluntary, free and informed … freey and voluntarily given by a person in a position to form a rational judgment.
WITH CONSENT OBTAINED BY DURESS
The critical question in relation to duress is whether the threats, pressure or coercion are such that they destroy the reality of consent and overbear the will of the individual.
INTENT
Must have an intention to commit the act and an intention to get a specific result.
Result means “aim, object, or purpose”. Simester and Brookbanks
Collister - circumstantial evidence from which an offender’s intent may be inferred can include:
- offender’s actions and words before, during, and after the event
- surrounding circumstances
- nature of the act itself
Mohi - offence is committed at the time of taking away, so long as there is, at that moment, the necessary intent.
KIDNAPPING
sent/taken out of NZ
Crimes Act 1961, Section 209(c)
- Unlawfully
- Takes away OR Detains
- A Person
- Without their consent OR with consent obtained by fraud or duress
- With intent to cause him or her to be sent or taken out of New Zealand
UNLAWFULLY
Without lawful justification or excuse.
TAKES AWAY or DETAINS
Crossan - taking away and detaining are separate and distinct offences.
Taking away
Wellard - the deprivation of liberty coupled with a carrying away from the place where the victim wants to be.
Detains
Pryce - detaining is an active concept meaning to keep in confinement or custody, contrasted to the passive concept of harbouring.
WITHOUT THEIR CONSENT
Cox - consent must be full, voluntary, free and informed … freey and voluntarily given by a person in a position to form a rational judgment.
WITH CONSENT OBTAINED BY DURESS
The critical question in relation to duress is whether the threats, pressure or coercion are such that they destroy the reality of consent and overbear the will of the individual.
INTENT
Must have an intention to commit the act and an intention to get a specific result.
Result means “aim, object, or purpose”. Simester and Brookbanks
Collister - circumstantial evidence from which an offender’s intent may be inferred can include:
- offender’s actions and words before, during, and after the event
- surrounding circumstances
- nature of the act itself
Mohi - offence is committed at the time of taking away, so long as there is, at that moment, the necessary intent.
ARSON
danger to life
Crimes Act 1961, Section 267(1)(a)
- Intentionally OR Recklessly
- Damages by fire OR damages by means of any explosive
- Any property
- If he or she knows or ought to know that danger to life is likely to ensue
INTENT
In criminal law context there are two specific types of intetion in an offence. There must be an intention:
- to commit the act, and
- the get a specific result.
In this context, result means “aim, object, or purpose”. Simester and Brookbanks.
Collister - circumstantial evidence from which an offender’s intent may be inferred can include:
- offender’s actions and words before, during and after the event
- surrounding circumstances
- nature of the act itself.
RECKLESSNESS
Cameron - recklessness is established if:
(a) the defendant recognised that there was a real possibility that:
(i) his or her actions would bring about the proscribed result; and/or
(ii) that the proscribed circumstances existed; and
(b) having regard to that risk those actions were unreasonable.
Tipple - recklessness requires that the offender know of, or have a conscious appreciation of the relevant risk, and it may be said that it requires a deliberate decision to run the risk.
DAMAGES BY FIRE
Damage
Archer - property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impariment of its use or value.
Fire
Fire is the result of the process of combustion, a chemical reaction between fuel and oxygen, triggered by heat.
Explosive
Any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect.
PROPERTY
Includes real and personal property, and any estate or interest in any real or personal property, money, electricity, and any debt, and any thing in action, and any other right or interest.
KNOWS OR OUGHT TO KNOW
The first question (subjective test) is: what was the defendant thinking at the time?
The next question (object test) is: what would a reasonable person have throught in the same circumstances?
Knowing means knowing or correctly believing. The defendant may believe something wrongly, but cannot know something that is false. Simester and Brookbanks.
DANGER TO LIFE
Must be to the life of someone other than the defendant.
LIKELY TO ENSUE
The defendant merely has to know that there is a chance, or a risk, of danger to life.
ARSON
no interest
Crimes Act 1961, Section 267(1)(b)
- Intentionally OR Recklessly
- Without claim of right
- Damages by fire OR damages by means of any explosive
- Any immovable property OR vehicle OR ship OR aircraft
- In which that person has no interest
INTENT
In criminal law context there are two specific types of intetion in an offence. There must be an intention:
- to commit the act, and
- the get a specific result.
In this context, result means “aim, object, or purpose”. Simester and Brookbanks.
Collister - circumstantial evidence from which an offender’s intent may be inferred can include:
- offender’s actions and words before, during and after the event
- surrounding circumstances
- nature of the act itself.
RECKLESSNESS
Cameron - recklessness is established if:
(a) the defendant recognised that there was a real possibility that:
(i) his or her actions would bring about the proscribed result; and/or
(ii) that the proscribed circumstances existed; and
(b) having regard to that risk those actions were unreasonable.
Tipple - recklessness requires that the offender know of, or have a conscious appreciation of the relevant risk, and it may be said that it requires a deliberate decision to run the risk.
CLAIM OF RIGHT
In relation to any act, means a belief at the time of the act in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed, although that belief may be based on ignorance or mistake of fact or of any matter of law other than the enactment against which the offence is alleged to have been committed.
DAMAGES BY FIRE
Damage
Archer - property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impariment of its use or value.
Fire
Fire is the result of the process of combustion, a chemical reaction between fuel and oxygen, triggered by heat.
Explosive
Any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect.
PROPERTY
Includes real and personal property, and any estate or interest in any real or personal property, money, electricity, and any debt, and any thing in action, and any other right or interest.
VEHICLE
A contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved.
SHIP
Every description of vessel used in navigation, however propelled, and includes any barge, lighter, dinghy, raft, or like vessel.
AIRCRAFT
Any machine that can derive support in the atmosphere from the reactions of the air.
ARSON
obtain benefit or cause loss
Crimes Act 1961, Section 267(1)(c)
- Intentionally
- Damages by fire OR damages by means of any explosive
- Any immovable property OR vehicle OR ship OR aircraft
- With intent to obtain any benefit OR cause loss to any other person
INTENT
In criminal law context there are two specific types of intetion in an offence. There must be an intention:
- to commit the act, and
- the get a specific result.
In this context, result means “aim, object, or purpose”. Simester and Brookbanks.
Collister - circumstantial evidence from which an offender’s intent may be inferred can include:
- offender’s actions and words before, during and after the event
- surrounding circumstances
- nature of the act itself.
DAMAGES BY FIRE
Damage
Archer - property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impariment of its use or value.
Fire
Fire is the result of the process of combustion, a chemical reaction between fuel and oxygen, triggered by heat.
Explosive
Any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect.
PROPERTY
Includes real and personal property, and any estate or interest in any real or personal property, money, electricity, and any debt, and any thing in action, and any other right or interest.
VEHICLE
A contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved.
SHIP
Every description of vessel used in navigation, however propelled, and includes any barge, lighter, dinghy, raft, or like vessel.
AIRCRAFT
Any machine that can derive support in the atmosphere from the reactions of the air.
OBTAIN
In relation to any person, means obtain or retain for himself or herself or for any other person.
CAUSE LOSS
Morley - loss is assessed by the extent to which the complainant’s position prior to the offence has been diminished or impaired.
DEALING WITH CONTROLLED DRUGS
import/export
Misuse of Drugs Act 1975, Section 6(1)(a)
- Import into OR export from New Zealand
- any controlled drug
IMPORTS
Saxton - to import includes to introduce or bring in from abroad or to cause to to be brought in from a foreign country.
Hancox - importation involves active conduct. It does not cease as the aircraft or vessel enters New Zealand territorial limits. The process exists from the time the goods enter New Zealand until they reach their immediate destination.
Guilty knowledge
Must prove the defendant:
- knew about the importation, or was wilfully blind, and
- knew the imported substance was a controlled drug (or was reckless), and
- intended to cause the importation.
Recklessness
Cameron - recklessness is established if:
(a) the defendant recognised that there was a real possibility that:
(i) his or her actions would bring about the proscribed result; and/or
(ii) that the proscribed circumstances existed; and
(b) having regard to that risk those actions were unreasonable.
CONTROLLED DRUG Any substance, preparation, mixture, or article specified or described in Schedule 1, Schedule 2, or Schedule 3; and includes any temporary class drug and any controlled drug analogue.
CLASS A CONTROLLED DRUG Class A controlled drug means the controlled drugs specified or described in Schedule 1 to this Act. - cocaine; - heroin; - lysergic acid (LSD); - methamphetamine; - psilocybine (magic mushrooms)
CLASS B CONTROLLED DRUG
Class B controlled drug means the controlled drugs specified or described in Schedule 2 to this Act.
- amphetamine;
- cannabis preparations such as cannabis resin and cannabis oil;
- MDMA (ecstasy);
- moprhine;
- opium
CLASS C CONTROLLED DRUG
Class C controlled drug means the controlled drugs specified or described in Schedule 3 to this Act; and includes any controlled drug analogue.
- cannabis fruit, cannabis plant, cannabis seed;
- BZP
- codeine
Guilty knowledge
Know that it is an offence
Know that the substance is a controlled drug
Intent to commit the offence
Strawbridge - it is not necessary for the Crown to establish knowledge on the part of the accused. In the absense of evidence to the contrary knowledge on her part will be presumed.
Usable quantity
Emerali - the serious offence of possessing a narcotic does not extend to some minute and useless residue of the substance.
DEALING WITH CONTROLLED DRUGS
produce/manufacture
Misuse of Drugs Act 1975, Section 6(1)(b)
- Produce OR manufacture
- any controlled drug
PRODUCING AND MANUFACTURING
Rua - 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.
Producing
To produce means to bring something into being, or to bring something into existence from its raw materials or elements. The term is further defined in legislation as including “compound”.
Manufacturing
Manufacturing is the process of synthesis; combining components or processing raw materials to create a new substance.
CONTROLLED DRUG Any substance, preparation, mixture, or article specified or described in Schedule 1, Schedule 2, or Schedule 3; and includes any temporary class drug and any controlled drug analogue.
CLASS A CONTROLLED DRUG Class A controlled drug means the controlled drugs specified or described in Schedule 1 to this Act. - cocaine; - heroin; - lysergic acid (LSD); - methamphetamine; - psilocybine (magic mushrooms)
CLASS B CONTROLLED DRUG
Class B controlled drug means the controlled drugs specified or described in Schedule 2 to this Act.
- amphetamine;
- cannabis preparations such as cannabis resin and cannabis oil;
- MDMA (ecstasy);
- moprhine;
- opium
CLASS C CONTROLLED DRUG
Class C controlled drug means the controlled drugs specified or described in Schedule 3 to this Act; and includes any controlled drug analogue.
- cannabis fruit, cannabis plant, cannabis seed;
- BZP
- codeine
Guilty knowledge
Know that it is an offence
Know that the substance is a controlled drug
Intent to commit the offence
Strawbridge - it is not necessary for the Crown to establish knowledge on the part of the accused. In the absense of evidence to the contrary knowledge on her part will be presumed.
Usable quantity
Emerali - the serious offence of possessing a narcotic does not extend to some minute and useless residue of the substance.
DEALING WITH CONTROLLED DRUGS (supplying class A or class B)
Misuse of Drugs Act 1975, Section 6(1)(c)
- Supply OR administer, OR offer to supply OR administer, OR otherwise deal in
- any Class A controlled drug OR Class B controlled drug
- to any other person
SUPPLY
To suppy means to furnish or provide something that is needed or desired. It includes distribute, give, and sell.
ADMINISTER
Distinguished from supply in that it involves introducing a drug directly into another person’s system.
OFFER
Must prove two elements:
- communcating of an offer to supply or administer a controlled drug (actus reus)
- intention that the other person believes the offer to be genuine (mens rea)
During - 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.
Brown - the making of such an intimation, with the intent that it should be understood as a genuine offer, is an offence.
- 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.
CLASS A CONTROLLED DRUG Class A controlled drug means the controlled drugs specified or described in Schedule 1 to this Act. - cocaine; - heroin; - lysergic acid (LSD); - methamphetamine; - psilocybine (magic mushrooms)
CLASS B CONTROLLED DRUG
Class B controlled drug means the controlled drugs specified or described in Schedule 2 to this Act.
- amphetamine;
- cannabis preparations such as cannabis resin and cannabis oil;
- MDMA (ecstasy);
- moprhine;
- opium
Guilty knowledge
Know that it is an offence
Know that the substance is a controlled drug
Intent to commit the offence
Strawbridge - it is not necessary for the Crown to establish knowledge on the part of the accused. In the absense of evidence to the contrary knowledge on her part will be presumed.
Usable quantity
Emerali - the serious offence of possessing a narcotic does not extend to some minute and useless residue of the substance.
DEALING WITH CONTROLLED DRUGS (supplying class C to under 18)
Misuse of Drugs Act 1975, Section 6(1)(d)
- Supply OR administer, OR offer to supply OR offer to administer,
- any Class C controlled drug
- to a person under 18 years of age
SUPPLY
To suppy means to furnish or provide something that is needed or desired. It includes distribute, give, and sell.
ADMINISTER
Distinguished from supply in that it involves introducing a drug directly into another person’s system.
OFFER
Must prove two elements:
- communcating of an offer to supply or administer a controlled drug (actus reus)
- intention that the other person believes the offer to be genuine (mens rea)
During - 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.
Brown - the making of such an intimation, with the intent that it should be understood as a genuine offer, is an offence.
- 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.
CLASS C CONTROLLED DRUG
Class C controlled drug means the controlled drugs specified or described in Schedule 3 to this Act; and includes any controlled drug analogue.
- cannabis fruit, cannabis plant, cannabis seed;
- BZP
- codeine
Guilty knowledge
Know that it is an offence
Know that the substance is a controlled drug
Intent to commit the offence
Strawbridge - it is not necessary for the Crown to establish knowledge on the part of the accused. In the absense of evidence to the contrary knowledge on her part will be presumed.
Usable quantity
Emerali - the serious offence of possessing a narcotic does not extend to some minute and useless residue of the substance.
PERSON UNDER 18 YEARS OF AGE
Proof of age
Forrest and Forrest - the best evidence possible in the circumstances should be adduced by the prosecution in proof of the victim’s age.
DEALING WITH CONTROLLED DRUGS
sell/offer to sell to over 18
Misuse of Drugs Act 1975, Section 6(1)(e)
- Sell, OR offer to sell
- any Class C controlled drug
- to a person of or over 18 years of age
SELL
For the purposes of paragraph (e) of subsection (1), if it is proved that a person has supplied a controlled drug to another person he shall until the contrary is proved be deemed to have sold that controlled drug to that other person.
OFFER
Must prove two elements:
- communcating of an offer to supply or administer a controlled drug (actus reus)
- intention that the other person believes the offer to be genuine (mens rea)
During - 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.
Brown - the making of such an intimation, with the intent that it should be understood as a genuine offer, is an offence.
- 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.
CLASS C CONTROLLED DRUG
Class C controlled drug means the controlled drugs specified or described in Schedule 3 to this Act; and includes any controlled drug analogue.
- cannabis fruit, cannabis plant, cannabis seed;
- BZP
- codeine
Guilty knowledge
Know that it is an offence
Know that the substance is a controlled drug
Intent to commit the offence
Strawbridge - it is not necessary for the Crown to establish knowledge on the part of the accused. In the absense of evidence to the contrary knowledge on her part will be presumed.
Usable quantity
Emerali - the serious offence of possessing a narcotic does not extend to some minute and useless residue of the substance.
PERSON OF OR OVER 18 YEARS OF AGE
Proof of age
Forrest and Forrest - the best evidence possible in the circumstances should be adduced by the prosecution in proof of the victim’s age.
DEALING WITH CONTROLLED DRUGS
possession for supply
Misuse of Drugs Act 1975, Section 6(1)(f)
- Have in his possession
- any controlled drug
- for any of the purposes set out in paragraphs (c), (d), or (e) of section 6(1) MODA75
HAVE IN HIS POSSESSION
Cox - possession involves two elements. The first, the physical element, is actual or potential physical custody or control. The second, the mental element, is a combination of knowledge and intention: knowledge in the sense of an awareness by the accused that the substance is in his possession; and an intention to exercise possession.
It will be necessary to prove that the defendant had:
- knowledge that the drug exists
- knowledge that it is a controlled drug
- some degree of control over it
- an intention to possess it.
CONTROLLED DRUG Any substance, preparation, mixture, or article specified or described in Schedule 1, Schedule 2, or Schedule 3; and includes any temporary class drug and any controlled drug analogue.
CLASS A CONTROLLED DRUG Class A controlled drug means the controlled drugs specified or described in Schedule 1 to this Act. - cocaine; - heroin; - lysergic acid (LSD); - methamphetamine; - psilocybine (magic mushrooms)
CLASS B CONTROLLED DRUG
Class B controlled drug means the controlled drugs specified or described in Schedule 2 to this Act.
- amphetamine;
- cannabis preparations such as cannabis resin and cannabis oil;
- MDMA (ecstasy);
- moprhine;
- opium
CLASS C CONTROLLED DRUG
Class C controlled drug means the controlled drugs specified or described in Schedule 3 to this Act; and includes any controlled drug analogue.
- cannabis fruit, cannabis plant, cannabis seed;
- BZP
- codeine
Guilty knowledge
Know that it is an offence
Know that the substance is a controlled drug
Intent to commit the offence
Strawbridge - it is not necessary for the Crown to establish knowledge on the part of the accused. In the absense of evidence to the contrary knowledge on her part will be presumed.
Usable quantity
Emerali - the serious offence of possessing a narcotic does not extend to some minute and useless residue of the substance.
FOR THE PURPOSE OF SUPPLY
Intent
Firstly there must be an intention to commit the act and secondly, and intention to get a specific result.
Deliberate act: the act or omission must be done deliberately.
Intent to produce a specific result: in this context result means “aim, object, or purpose”. Simester and Brookbanks.
Collister - circumstantial evidence from which an offender’s intent may be inferred can include:
- offender’s actions and words before, during and after the event
- surrounding circumstaces
- nature of the act itself.
In drugs cases additional evidence of intent may be inferred from:
- admissions
- circumstantial evidence (packaging, scales, cash, tick lists etc)
- the statutory presumtion under section 6(6).
WOUNDING WITH INTENT (to cause GBH)
Crimes Act 1961, Section 188(1)
- With intent to cause grievous bodily harm
- To any person
- Wounds OR maims OR disfigures OR causes grievous bodily harm
- To any person
INTENT
There are two specific types of intention in an offence. There must be an intention:
- to commit the act, and
- to get a specific result.
In this context result means “aim, object, or purpose”. Simester and Brookbanks.
Collister - circumstantial evidence from which an offender’s intent may be inferred can include:
- offender’s actions and words before, during and after the event
- surrounding circumstances
- nature of the act itself
Taisalika - the nature of the blow and the gash which it produced point strongly to the presence of the necessary intent.
BODILY HARM
McArthur - bodily harm includes any hurt or injury calculated to interfere with the health or comfort of the victim. It need not be permanent but must be more than transitory and trifling.
GRIEVOUS BODILY HARM
Smith - bodily harm needs no explanation and grievous means no more and no less than really serious.
WOUNDS
Waters - a wound is a breaking of the skin evidence by the flow of blood. May be internal or external.
DISFIGURES
Rapana and Murray - disfigure covers not only permanent damage but also temporary damage.
