Drug Dealing

Question 1

MODA - Section 6(1)(a)

Answer 1

Drug dealing (Importing/Exporting any controlled drug)

Question 2

Elements: MODA - Section 6(1)(a)
(Importing/Exporting)

Answer 2

• Import into or export from NZ
• Any controlled drug

Question 3

MODA - Section 6(1)(b)

Answer 3

Drug Dealing (Producing/Manufacturing any controlled drug)

Question 4

Elements: MODA - Section 6(1)(b)
(Producing/manufacturing)

Answer 4

• Produce or manufacture
• Any controlled drug

Question 5

MODA - Section 6(1)(c)

Answer 5

Drug Dealing (Supplying any class A or B controlled drug)

Question 6

Elements: MODA - Section 6(1)(c)
(Supplying class A or B controlled drug)

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

What is a controlled drug?

Answer 7

Means 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.

SPAM CDA

Question 8

MODA - Section 6(1)(d)

Answer 8

Drug Dealing (Supplying class C controlled drug to person under 18 years)

Question 9

Elements: MODA - Section 6(1)(d)
(Supplying class C controlled drug to person under 18 years)

Answer 9

• 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 10

MODA - Section 6(1)(e)

Answer 10

Drug Dealing (Sell/Offer to sell any class C controlled drug to person 18+)

Question 11

Elements: MODA - Section 6(1)(e)
(Drug Dealing (Sell/Offer to sell any class C controlled drug to person 18+)

Answer 11

• Sell, or offer to sell
• Any class C controlled drug
• To a person of or over 18 years of age

Question 12

MODA - Section 6(1)(f)

Answer 12

Drug Dealing (Possession of controlled drug for supply)

Question 13

Elements: MODA - Section 6(1)(f)
(Possession of controlled drug for supply)

Answer 13

• Have in his possesion
• Any controlled drug
• For any of the purpose set out in paragraphs (c), (d) or (e) of section 6(1) MODA75

Question 14

SPAM and CDA

Answer 14

SPAM - Substance, preparation, mixture or article

CDA - Controlled, drug analogue

Question 15

Definition: Give

Answer 15

Handing over or in someway of transferring item to another person

Question 16

Definition: Produce

Answer 16

Bring something into existence from its raw materials

Question 17

Definition: Manufacture

Answer 17

Process of synthesis. Combining raw materials to create new substance E.G cooking meth.

Question 18

Case Law: Produce or Manufacture

Answer 18

R v Rua

Question 19

In relation to 6(1)(b), when is the offence complete?

Answer 19

Once the prohibited substance is created, whether or not it is in useable form.

Question 20

What is KKI

Answer 20

Knew about offence
Knew substance was a controlled drug
Intent to commit offence

Question 21

Case Law: Guilty knowledge/Reverse Onus

Answer 21

R v Strawbridge

Question 22

Case Law: Usable quantity

Answer 22

Police v Emerali

Question 23

Definition: Supply

Answer 23

Includes to distribute, give and sell

Question 24

Definition: Distribute

Answer 24

Supply of drugs to multiple people

Question 25

Definition: Sell

Answer 25

Drug is exchanged for some valuable consideration

Question 26

Case Law: Supply

Answer 26

R v Maginnis

Question 27

Definition: Administers

Answer 27

To direct and cause a drug to be taken into the system of another person.

Question 28

Case Law: Offer to supply

Answer 28

R v During R v Brown

Question 29

What is a controlled drug analogue

Answer 29

A controlled substance analogue means a substance that has a chemical structure substantially similar to that of a controlled dangerous substance and that was specifically designed to produce an effect substantially similar to that of a controlled dangerous substance.

Question 30

Presumption for supply (dont need to know)

Answer 30

Cannabis: 28 grams or 100+cigarettes Heroin: 0.5 grams Cocaine: 0.5 grams Meth: 5 grams MDMA: 5 grams

Question 31

Schedule 1 - Class 'A' drugs

Answer 31

Meth Cocaine Heroin LSD Magic Mushrooms

Question 32

Schedule 2 - Class B drugs

Answer 32

Cannabis Oil Morphine Opium Ecstasy Amphetamine

Question 33

Schedule 3 - Class C drugs

Answer 33

Cannabis plant Cannabis leaf

Question 34

Case Law: Person under 18

Answer 34

R v Forrest and Forrest