Drug Dealing

Question 1

Saxton v Police

Answer 1

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

Question 2

Define IMPORTATION

Answer 2

The arrival of any goods in NZ by any manner (illegal or legal)

Question 3

How long does the importation process last?

Answer 3

It continues until the drugs have reached their ultimate destination

Question 4

R v Hancox

Answer 4

Importation involves active conduct. It does not cease when aircraft/vessel enters NZ, it continues until available to addressee.

Question 5

What must the prosecution prove re the mens rea of importing?

Answer 5

GUILTY KNOWLEDGE

Question 6

Elements of 6(1)(b)

Answer 6

PRODUCE/MANUFACTURE

• produce OR manufacture
• any controlled drug

Question 7

Define PRODUCE

Answer 7

To bring something into being or bring something into existence from it’s raw materials or elements (eg cannabis oil)

Question 8

Define MANUFACTURE

Answer 8

The process of synthesis. Combining components or processing raw materials to create a new substance. (Eg cook meth)

Question 9

R v Rua

Answer 9

The words “produce” or “manufacture” broadly cover the creation of controlled drugs by some form of process which changes the original substances.

The offence is complete when the substance is created… useable or not!

Question 10

R v Strawbridge

Answer 10

GUILTY KNOWLEDGE is an essential element to the offence.

If they innocently believed it wasnt a controlled drug, that’s a defence. (The mens rea is essential)

However, it is not necessary for the Crown to est knowledge on the part of the accused, in the absence of evidence to the contrary it is presumed. (Strawbridge…strawberry plants…tomato plants!)

Question 11

Police v Emerali

Answer 11

USABLE QUANTITY:
Possessing a narcotic does not extend to some minute and useless residue!

also note: depends on more than just size/weight, nature/condition of drug is also relevant.
Consideration should also be given to whether small, seemingly unusable amounts would make up a larger usable quantity all together

Question 12

TO ANY PERSON…

Answer 12

Jill is a person other than John

NB it is not necessary to ID Jill

Question 13

“ANY CLASS A CONTROLLED DRUG”

Answer 13

Methamphetamine is a class A controlled drug as specified in schedule 1 of the Misuse of Drugs Act 1975

Question 14

elements of 6(1)(c)

Answer 14

SUPPLYING CLASS A or B

• supply or administer or offer to supply or administer or otherwise deal in
• any class (A/B) controlled drug
• to any other person

Question 15

Define SUPPLY

Answer 15

s2: supply includes to distribute, give, or sell

“To furnish or provide something that is needed or desired”

Question 16

Define DISTRIBUTION

Answer 16

Supply drugs to multiple people

Question 17

Define GIVING

Answer 17

Handing the substance over in order to enable another person to use the drug for his own purposes

Question 18

Define SELLING

Answer 18

Exchange of goods in return for valuable consideration.

Question 19

Define ADMINISTER

Answer 19

Introducing the drug directly into another person’s system
- injecting
- date rape

Question 20

What 2 case laws relate to “OFFER”

Answer 20

R v During
R v Brown

Question 21

R v During

Answer 21

The actus rea of “offer”

an imitation that he is ready on request to supply the drugs prohibited

Communicating an offer to supply or administer the drugs

Question 22

R v Brown

Answer 22

The mens Rea of “offer”

with the intention that it should be understood as a genuine offer

Ie the intention that the person believes it is genuine

Question 23

OFFER

Answer 23

2 elements

Actus Rea: communicating an offer (R v During)

Mens Rea: intention that the Person will believe the offer to be genuine (R v Brown)

Question 24

elements of 6(1)(d)

Answer 24

SUPPLYING CLASS C TO UNDER 18yo

• supply/administer/offer to supply or administer
• any class C controlled drug
• to a person under 18 years

Question 25

**PERSON UNDER 18 YEARS** What case law applies?

Answer 25

R v Forrest & Forrest

Question 26

**elements of 6(1)(e)**

Answer 26

SELL/OFFER TO SELL CLASS C 18+ - sell/offer to sell - any class C controlled drug - to a person of or over 18 years of age

Question 27

Tell me more about “Sell” under 6(1)(e)

Answer 27

A drug supplied can be considered “sold” in this section in the absence of evidence to the contrary NB that the defendant could prove (on the balance of probabilities) that there was no sale as a defence

Question 28

Examples of class A drugs?

Answer 28

Methamphetamine Cocaine Heroin LSD magic mushrooms

Question 29

Examples of class B drugs?

Answer 29

Amphetamines Cannabis oil/resin MDMA/ecstasy Morphine

Question 30

Examples of class C drugs?

Answer 30

(Includes controlled drug analogue) Cannabis BZP codeine

Question 31

**elements of 6(1)(f)**

Answer 31

POSSESSION FOR SUPPLY - have in his possession - any controlled drug - for any purpose set out in c/d/e of 6(1) MODA

Question 32

**R v Cox** (re possession)

Answer 32

2 separate elements to possession (R v Cox): Actus Rea: *actual or potential physical custody or control of it* Mens Rea: *knowledge that they have it and that it’s a controlled drug* AND *an intention to exercise possession*

Question 33

For any PURPOSE…

Answer 33

Purpose in this element of 6(1)(f) can be interchanged with “aim” or “intention” Intent; deliberate act to get a specific result! (R v Collister)

Question 34

Statutory Presumption for Supply? - Meth - Cannabis Plant - Cannabis Resin - Heroin - LSD - Cocaine - MDMA

Answer 34

5 grams (Meth) 28g or 100 tinnies (cannabis plant) 5 grams (cannabis resin) 0.5g (heroin) 2.5mg or 25 tabs (LSD) 0.5g (cocaine) 5 grams or 100 tablets (MDMA)

Question 35

What are the 4 ways an “offer” can arise (R v Brown)?

Answer 35

1. Offering to supply a drug that an accused has on hand 2. Offering to supply a drug that will be procured at some future date 3. Offering to supply a drug that the accused mistakingly believes he can supply 4. Offering to supply a drug deceitfully, knowing that he actually won’t supply it

Question 36

What does the prosecution need to prove for a charge of Conspiracy under s6(2A) of MODA?

Answer 36

- prove an agreement made between two or more people AND - prove that the conspiracy was against s6(1) of the MODA

Question 37

Proving intent in drugs cases may be inferred from what 3 things?

Answer 37

- admissions - statutory evidence - circumstantial evidence