Drug Dealing

Question 1

Define controlled drug.

Answer 1

Controlled drug means any substance, preparation, mixture or article specified in schedule 1, 2 or 3 and includes any temporary class drug and any controlled drug analogue.

Controlled drug = P.A.M.S

Question 2

Define controlled drug analogue.

Answer 2

Any substance that has a chemical structure substantially similar to any controlled drug.

Question 3

Define Class A controlled drug.

Answer 3

The controlled drugs specified in schedule 1.

Question 4

R v Strawbridge.

Answer 4

It is not necessary for the Crown to establish knowledge on the part of the accused. Knowledge is presumed and the accused must prove innocence.

Question 5

Section 29, MODA 75 (Mistake as to nature of controlled drug/precursor substance)

Answer 5

It is not a defence that the defendant did not know the substance in question was the particular alleged controlled drug.

Question 6

Police v Emerali.

Answer 6

There must be a usable quantity of the substance found.

Question 7

Section/Act?

Drug dealing (import/export from NZ)

Answer 7

Section 6(1)(a), MODA 75

Question 8

Elements for Drug Dealing (import/export from NZ).

Answer 8

• Imports or exports from NZ.
• Any controlled drug.

Question 9

Define import.

Answer 9

The arrival of goods by any manner whether lawful or unlawful from a point outside New Zealand.

Question 10

List the relevant case law for import.

Answer 10

Saxton v Police.
R v Hancox.

(Men’s rea: R v Martin - Wilful Blindess/ignorance + Cameron v R - Recklessness.)

Question 11

What are the three elements in proving the defendants guilty knowledge?

Answer 11

• knew about the importation, or was wilfully blind, and
• knew the imported substance was a controlled drug (or was reckless Cameron v R), and
• intended to cause the importation.

Question 12

Explain wilful blindness.

Answer 12

In proving guilty knowledge, proof that the defendant deliberately turned a blind eye to the facts will suffice.

Question 13

Cameron v R

Answer 13

Recklessness is established if the defendant recognised that there was a real possibility that his actions would bring about a prescribed result and the prescribed circumstances existed and having regard to that risk those actions were unreasonable.

Question 14

Define New Zealand.

Answer 14

The land and waters enclosed by the outer limits of the territorial sea of New Zealand (12 nautical miles or 22.224km from the land mass of New Zealand).

Question 15

Saxton v Police

Answer 15

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

Question 16

R v Hancox

Answer 16

Importation involves an active concept. It exits from the time the goods enter NZ until they reach their immediate destination or become available for the consignee or recipient.

Question 17

Section 6(1)(b), MODA75

Answer 17

Drug dealing (produce or manufacture any controlled drug)

Question 18

Elements for S.6(1)(b), MODA75.

Answer 18

• Produce or manufacture
• Any controlled drug

Question 19

R v Rua

Answer 19

Produce or manufacture broadly cover the creation of controlled drugs by a process which changes the original substances into a particular controlled drug.

The offence is compete when the controlled drug is created, whether or not it is in a useable form.

Question 20

Define produce.

Answer 20

To produce means to bring something into being or to bring into existence from its raw materials or elements.

Question 21

Define manufacture.

Answer 21

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

Question 22

S.6(1)(c), MODA75.

Answer 22

Drug dealing (supply any class A or B controlled drug)

Question 23

Elements of Supply any class A or B controlled drug.

Answer 23

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

Question 24

Drug dealing (supply class c controlled drug to person under 18)

Answer 24

S.6(1)(d), MODA75