Drug dealing Flashcards
In relation to offering to supply, list the circumstances that an offer may occur held in r v brown?
- offer to supply a drug that he has on hand
- offers to supply a drug that will be produced at some future date
- offers to supply a drug that he mistakenly believes he can supply
- offers to supply a drug deceitfully, knowing he will not supply that drug
Define manufacturing
Manufacturing is the process of synthesis; combining components or processing raw materials to create a new substance.
Examples are methamphetamine from pseudo ephedrine or manufacturing heroin from morphine.
Define a controlled drug as outlined in section 2 of the MODA 75?
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.
S2 MODA75
Define ‘administering’ and provide two examples of administering a controlled drugs.
Administering is distinguished from supplying in that it involves introducing a drug directly into another person’s system.
Examples include:
- injecting a person with heroin,
heating cannabis resin between two knife blades while another person inhales the smoke,
- causing a person to consume a “date rape” drug by slipping it into their drink without their knowledge.
What was held in r v strawbridge?
It is not necessary for the crown to establish knowledge on the part of the accused. In the absence of evidence to the contrary knowledge on her part will be presumed, but if there is some evidence that the accused honestly believed on reasonable ground that her act was innocent, the she is entitled to be acquitted unless the jury is satisfied beyond reasonable doubt that this was not so.
R v Strawbridge
In drug related offending what must the crown prove in relation to possession?
- knowledge that the drugs exists
- knowledge that it is a controlled drug
- some degree of control over it
- an intention to possess it
When is manufacturing or production of a controlled drug complete?
The offence is complete once the prohibited substance is created, whether or not it is a usable form.
For example in R v Rua methamphetamine in suspension in a two-layered liquid, although not capable of being in that state, was held to have been manufactured.
What is a drug analogue?
An analogue is any substance (other than the exceptions specified in the definition) with a structure substantially similar to a controlled drug. It is a substance that has similar dangerous effects, but that is not specifically listed in the schedules to the act.
What are the elements of the offence ‘possession of a controlled drug for supply’ pursuant to section 6(1)(f) of MODA75?
- have any controlled drug
- in his possession
- for any of the purposes set out in paragraphs (c), (d), or (e) of this subsection.
What was held in R v Hancox?
In ‘R v Hancox’ two parcels containing MDMA (Ecstasy) tablets were mailed from overseas to a post office box in Auckland. The defendant was arrested when she went to uplift one of the parcels, claiming that she had simply been asked to clear the box and had intended to deliver the parcel to the addressee. The court of Appeal held that delivery into the post office box was the final step in the transit process and that the importation had ended; the woman’s involvement after that point could therefore not have aided or assisted in the importation.
Quote ‘black’s law dictionary’
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.
Police v Emerali
In any drug offence the quantity of drug involved must be measurable and useable.
“…the serious offence of… possessing a narcotic does not extend to some minute and useless residue of the substance”
Police v Emerali
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…”
Define ‘supply’
Includes to distribute, give or sell
S2 MODA75
Give examples of class C controlled drugs
- Cannabis Plant
- cannabis seeds
- BZP (benzylpiperazine)
- controlled drug analogues
