Drug Dealing

Question 1

Drug dealing - Importing/exporting any controlled drug- Act and Section

Answer 1

MODA75 - 6 (1) (a)

Question 2

Drug dealing - Importing/exporting any controlled drug- Elements

Answer 2

Imports into

or

export from New Zealand

Any controlled drug

Question 3

Drug dealing - Producing/manufacturing any controlled drug- Act and section

Answer 3

MODA75 - 6 (1) (b)

Question 4

Drug dealing - Producing/manufacturing any controlled drug- Elements

Answer 4

Produce

or

Manufacture

Any controlled drug

Question 5

Drug dealing - Supplying any class A or B controlled drug- Act and section

Answer 5

MODA75 - 6 (1) (c)

Question 6

Drug dealing - Supplying any class A or B controlled drug- Elements

Answer 6

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

Question 7

Drug dealing - Supplying any class C controlled drug to person under 18 years - Act and Section

Answer 7

MODA75- 6 (1) (d)

Question 8

Drug dealing - Supplying any class C controlled drug to person under 18 years - Elements

Answer 8

Supply

or

Administer

or

Offer to supply or administer;

Any class c controlled drug

To a person under 18 years of age

Question 9

Drug dealing -Sell/offer to sell any class C controlled drug to person over 18 years - Act and Section

Answer 9

MODA75 - 6 (1) (e)

Question 10

Drug dealing -Sell/offer to sell any class C controlled drug to person over 18 years -Elements

Answer 10

Sell, or offer to sell

Any Class C controlled drug

To a person of or over 18 years of age.

Question 11

Drug dealing - Possession of controlled drug for supply - Act and Section

Answer 11

MODA75 - 6 (1) (f)

Question 12

Drug dealing - Possession of controlled drug for supply - Elements

Answer 12

Have in his possession

Any controlled drug

For any of the purposes set out in paragraphs (c), (d), or (e) of Section 6 (1) of MODA

Question 13

Import

Answer 13

In relation to any goods, means the arrival of the goods in New Zealand in any manner, whether lawfully or unlawfully, from a point outside New Zealand.

Question 14

Saxton v Police

Answer 14

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

Question 15

R v Hancox

Answer 15

Importation involves active control. It does no cease as an aricraft or vessel enters New Zealand territorial limits. The process of importation exists from the time the goods enter New Zealand until they reach their immediate destination or have ceased to be under control of the appropriate authorities and have become available to the consignee or addressee.

Question 16

R v Strawbridge

Answer 16

Guilty knowledge - It is not up to the crown to prove guilty knowledge. It’s up to the accused to provide innocence on reasonable grounds. If the evidence accused believed act was innocent.

Question 17

R v Emerali

Answer 17

The drugs must be a usable quantity.

Question 18

R v During

Answer 18

Offer to Supply (intimation) is made with the intention that it should be understood as a genuine offer.

Question 19

R v Brown

Answer 19

The offence exists when the offer is made with the intention that it should be understood as a genuine offer.

Question 20

R v Rua

Answer 20

Produce or Manufacture cover the creation of controlled drugs by some form of process which changes the original substance into a particular controlled drug.

Question 21

R v Donald

Answer 21

Supply includes the distribution of jointly owned property between co-owners.

Question 22

R v Knox

Answer 22

Even holding for safe keeping can possession intention to supply/return.

Question 23

R v Wildbore

Answer 23

Passive custodian who relinquishes custody of the drug to meet the needs of another, meets with intent for supply.

Question 24

R v Cox

Answer 24

Possession involves two elements.
1- Physical element, is actual or potential physical custody or control.

2- Mental element - 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.