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1. Liabilities > Drug Dealing > Flashcards

Drug Dealing Flashcards

1
Q

What are the Ingredients for Section 6 MODA 1975?

A

Import/Export
Sect 6(1)(a) MODA
Life/14/8yrs

  1. Imports OR Exports
  2. Any Controlled Drug
  3. ## Into or out of NZProduce/Manufacture
    Sect 6(1)(b) MODA
    Life/14/8yrs
  4. Produce or Manufacture
  5. ## Any controlled DrugSupply Class A/B Controlled Drug
    Sect 6(1)(c)
    MODA
    Life/14
  6. Supplies OR Administers OR Offer To Supply or Administer OR otherwise Deal
  7. Class A or B controlled Drug
  8. ## To any personSupply Class C Controlled Drug to person <18yrs
    ———————————
    Sell/Offer to Sell Class C Controlled Drug to person of or over 18yrs
    Sect 6(1)(e) MODA
    8yrs
  9. Sells OR Offer To Sell
  10. Any Class C controlled Drug
  11. ## To any person of or over 18yrsPossession of any Controlled Drug for Supply
    Sect 6(1)(f) MODA
    Life/14/8yrs
  12. Has possession of
  13. Any Controlled Drug
  14. For the purposes set out in paragraphs (c)(d)(e)
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2
Q

Explain Section 6(2A) - Conspiring to deal with controlled drugs

A

Section (2A) Conspiring to deal with controlled Drugs

Every person who conspires with any other person to commit an offence against subsection (1) of this section commits an offence against this Act

(a) Class A - Not exceeding 14 years
(b) Class B - Not exceeding 10 years
(c) Not exceeding 7 years in any other case.

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3
Q

Explain Section 12(A)(1) and 12(A)(2)

Section 12A Misuse of Drugs Act 1975
Equipment, material, and substances used in production or cultivation of controlled drugs

A

Section 12A Misuse of Drugs Act 1975
Equipment, material, and substances used in production or cultivation of controlled drugs

Section 12A(1)(a)

  1. Supplies, Produces, Manufactures
  2. Any Equipment or Material 3. That is capable of being used in, or for,
  3. The commission of an offence against section 6(1)(b) or section 9 ; or

Section 12A(1)(b)
1. Supplies, Produces, Manufactures
2. Any Precursor Substance
3. Knowing that the equipment, material, or substance is to be used in, or for
4. The commission of an offence against those provisions.
********
Section 12A(2)(a)
1. Has in their Possession
2. Any equipment or material
3. That is capable of being used in, or for
4. The commission of an offence against section 6(1)(b) or section 9

Section 12A(2)(b)

  1. Has in their Possession
  2. Any precursor substance
  3. With the intention
  4. That the equipment, material, or substance is to be used in, or for,
  5. The commission of an offence against that provision.
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4
Q

Explain the following Case Law:

  1. R v Strawbridge
  2. Police v Emerali
A

R v STRAWBRIDGE
It is not necessary for the Crown to establish knowledge on the part of the accused. If there is some evidence that the accused HONESTLY BELIEVED on reasonable grounds that her act was innocent, then she is entitled to be acquitted unless the jury is satisfied beyond reasonable doubt that this was not so.
*******
Police v Emerali
In any drug offence the quantity of drug involved must be MEASURABLE and USEABLE
*************

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5
Q

Explain the following Case Law:

  1. R v Rua
  2. R v Maginnis
A

R v RUA
The words “produce” or “manufacture” in s 6(1)(b) broadly cover the creation of controlled drugs by some form of process which changes the original substances into a particular controlled drug.
***********
R v MAGINNIS
“[Supply involves] more than the mere transfer of physical control … [it includes] enabling the recipient to apply the thing … to purposes for which he desires …”

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6
Q

Explain the following Case Law:

  1. R v During
  2. R v Brown
A

R v DURING
“[An offer is] an 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”.

Intention is that the person will believe a real offer has been made.
*************
R v BROWN
The defendant is guilty in the following instances:
(1) offers to supply a drug that he HAS ON HAND
(2) offers to supply a drug that will be PROCURED at some future date
(3) offers to supply a drug that he MISTAKENLY BELIEVES he can supply
(4) offers to supply a drug deceitfully, KNOWING HE WILL NOT SUPPLY that drug

  • have drug/intend to supply/offer to supply
  • don’t have drug/intend to get /offer to supply
  • think have drug but don’t/offer to supply
  • pretend to have drug/offer to drug
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7
Q

Explain the following Case Law:

  1. Warner v Metropolitan Police Commissioner
  2. R v Maginnis
A

WARNER v METROPOLITAN POLICE COMMISSIONER

The term “possession” must be given a sensible and reasonable meaning in its context. Ideally, a possessor of a thing has:

  • COMPLETE PHYSICAL control over it
  • KNOWLEDGE of its existence, its SITUATION and its QUALITIES.
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8
Q

Definition/Discussion

  1. Imports
  2. Exports
A

IMPORTS
importation,—
(a) 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 …

Saxton v Police
To import includes “to introduce from abroad or to cause to be brought in from a foreign country”.
*********
EXPORTS
For the purposes of this Act, the time of exportation is the time when the exporting craft leaves the last Customs place at which that craft calls immediately before proceeding to a point outside New Zealand.

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9
Q

Definition/Discussion

  1. Guilty Knowledge
  2. Controlled Drug
  3. Controlled Drug Analogue
A

GUILTY KNOWLEDGE
For a person to be guilty of an offence relating to controlled drugs they must have guilty knowledge; a person who innocently possesses something they genuinely believed was not a controlled drug has a defence.

Must prove the defendant:
1. KNEW about the DRUG OFFENDING and
2. KNEW the substance was a CONTROLLED DRUG
3. INTENDED to cause the drug offending.
*********
CONTROLLED DRUG
Controlled drug means any substance, preparation, mixture, or article specified or described in Schedule 1, Schedule 2, or Schedule 3 to this Act ; and includes any controlled drug analogue
*********
CONTROLLED DRUG ANALOGUE
Controlled drug analogue means any substance structure substantially similar to that of any controlled drug. There are some exceptions

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10
Q

Definition/Discussion

  1. Produce or Manufacture
  2. Complete
A

PRODUCE OR MANUFACTURE
PRODUCE to bring something into being, or to bring something into existence from its materials or elements

MANUFACTURE
The process of synthesis, combining components or processing raw materials to create a new substance.
*********
COMPLETE
Offence is complete once the prohibited substance is created, whether or not it is in a useable form

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11
Q

Definition/Discussion

  1. Possession
  2. Actual Possession
  3. Ideal Possession
A

POSSESSION
Possession may be “actual” or “constructive.”
*********
ACTUAL POSSESSION
Actual possession arises where the thing in question is in a person’s physical custody; it is on or about their person, or immediately at hand.
*********
IDEAL POSSESSION
The term “possession” must be given a sensible and reasonable meaning in its context. Ideally, a possessor of a thing has:
- complete physical control over it
- knowledge of its existence, its situation and its qualities.

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12
Q

Definition/Discussion

  1. Supply
  2. Administers
A

SUPPLY
Includes to distribute, give or sell
*********
ADMINISTERS
Administering is distinguished from supplying in that it INVOLVES INTRODUCING a drug DIRECTLY into another person’s system.

In the context of drug dealing, the appropriate meaning of “administer” is “to DIRECT and CAUSE a … drug to be taken into the system” of another person.

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13
Q

Definition/Discussion

  1. Sells and Offers to Sell
  2. Otherwise Dealing
A

SELLS and OFFERS TO SELL
SELLING - A sale occurs when a quantity or share in a drug is exchanged for some valuable consideration.
*********
OTHERWISE DEALING
Includes bartering or exchanging

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14
Q

Definition/Discussion

  1. Dealing with Controlled Drug
    Section 6(5) and 6(6)
  2. Class A, B and C
A 
DEALING WITH CONTROLLED DRUG
For the purposes of Subsection (1)(f) ,a person is presumed until the contrary is proved to be in possession of a controlled drugs for any of the purposes in subsection (1)(c), (d), (e) if they is in possession of the Controlled Drug in an amount level, or quantity at or over which the controlled drug is presumed to be for supply 
*****************************************
CLASS A, B and C
Class A - cocaine/Heroin/LSD/Meth
Class B - 
Cannabis oil/Morphine/Opium/Ectasy
Class C - 
Cannabis plant/seeds/ BZP
*****************************************
Section 6(6) of the Misuse of Drugs Act 1975 creates a presumption of law that if a person has possession of a specified amount of any drug, that person will be presumed to have that drug for one of the purposes set out in s6(1)(c), (d) or (d), unless they can prove otherwise.

The presumption that the drug is for sale or supply may be rebutted if the person is able to prove, on the balance of probabilities, that they did not intend to commit a ‘dealing’ offence, notwithstanding the amount.

For example, the defence may argue that the suspect was heavily addicted and required large amounts for personal use.

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15
Q

Definition/Discussion

  1. Purpose
  2. Intent to Supply
A

PURPOSE
In this context can be equated to aim or intention
*********
INTENT TO SUPPLY
In drugs cases additional evidence of intent to supply may be inferred from:
1. admissions
2. circumstantial evidence (packaging, scales, cash, tick lists etc)
3. the statutory presumption under section 6(6)

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16
Q

What are the Presumptive amounts for supply?

A
  1. Heroin - 0.5 grams
  2. Cocaine - 0.5 grams
  3. LSD - 2.5 milligrams or 25 flakes, tablets etc
  4. Methamphetamine - 5 grams
  5. Ecstasy - 5 grams or 100 flakes, tablets etc
  6. Cannabis resin and extract (oil) - 5 grams
  7. Cannabis plant 28 grams or 100 or more cigarettes

1. Liabilities (16 decks)

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