Drug Dealing

Question 1

What are the elements of Section 6(1)(a)?

Importing/Exporting Any Controlled Drug?

Answer 1

Import into or export from New Zealand

Any controlled drug

Question 2

What are the elements of Section 6(1)(b)?

Producing/Manufacturing Any Controlled Drug

Answer 2

Produce or Manufacture

Any controlled drug

Question 3

What are the elements of Section 6(1)(c)

Supplying Any Class A or B Controlled Drug

Answer 3

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 4

What are the elements of Section 6(1)(d)

Supplying Class C controlled drug to person under 18 years

Answer 4

Supply or administer or

Offer to supply or offer to administer

Any Class C controlled drug

To any person under 18 years of age

Question 5

What are the elements of Section 6(1)(e)

Sell or offer to sell any Cla C controlled drug

Answer 5

Sell or

Offer to sell

Any Class C controlled drug

To a person of or over 18 years of age

Question 6

What are the elements of Section 6(1)(f)

Possession of controlled drug for supply

Answer 6

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 the Misuse of Drugs Act 1975

Question 7

What is found in Case Law

R v Strawbridge

Answer 7

Guilty knowledge- It is not necessary for the Crown to establish knowledge on the part of the accused.
If evidence of innocence, entitled to be acquitted unless the jury is satisfied beyond reasonable doubt that this was not so.

Question 8

What is found in Case Law

Police v Emerali

Answer 8

Usable Quantity - The serious offence of … possessing a narcotic does not extend to some minute and useless residue of the substance

Question 9

What is found in Case Law

Saxton v Police

Answer 9

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

Question 10

What is found in Case Law

R v Hancox

Answer 10

Importation means the introduction or bringing in from abroad or causing it to be brought in from abroad. It does not cease as the drugs enter NZ. Import exists until the goods are in the control of the recipient

Question 11

What was found in Case Law

R v Rua

Answer 11

The words “Produce” and “Manufacture” in section 6(1)(b) broadly cover the creation of controlled drugs by some form of process which changes the original substances into a particular control drug.

Question 12

What was found in Case Law

R v During

Answer 12

An offer is in 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.

Question 13

What was found in Case Law

R v Brown

Answer 13

The making of such an intimation, with the intention that it should be understood as a genuine offer, is an offence

Question 14

What is found in Case Law

R v Forrest and Forrest

Answer 14

The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age.

Question 15

What was found in Case Law

R v Cox

Answer 15

Possession involves two elements