Drug Definitions

Question 1

Imports CEA.96 S.2

Answer 1

The arrival of the goods in New Zealand in any manner, whether lawfully or unlawfully, from a point outside New Zealand.

Question 2

Exports (Customs and Excise Act) 1996 S.53

Answer 2

When the exporting craft leaves the last customs place at which that craft calls immediately before proceeding to a point outside New Zealand.

Question 3

Proving Guilty Knowledge

Answer 3

• Knows the drug exists AND
• Knows that it is a controlled drug AND
• An intention to posses it AND
• Some degree of control over it

Question 4

Controlled Drug

Answer 4

Any substance, preparation, mixture or article specified or described in Schedule 1, 2 or 3 of MODA, and includes any controlled drug analogue.

Class A controlled drug - a controlled drug specified or described in schedule 1 to the MODA

Class B controlled drug - a controlled drug specified or described in schedule 2 to the MODA

Class C controlled drug - a controlled drug specified or described in schedule 3 to the MODA

Question 5

Produce

Answer 5

To bring something into being, or to bring something into existence from its raw materials or elements. Cannabis oil - THC in plant to THC oil

Question 6

Manufacture

Answer 6

The process of synthesis; combining components or processing raw materials to create a new substance. Meth - ephedrine to meth

Question 7

Produce or manufacture is complete when…

Answer 7

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

Question 8

Supply MODA.75 S.2

Answer 8

To distribute, give or sell.

Question 9

Administers (Dictionary)

Answer 9

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

Question 10

Offers (Dictionary)

Answer 10

Expresses readiness to do something for or on behalf of someone.

Question 11

Dealing Controlled Drugs Assumption of selling MODA.71 S.6(5)

Answer 11

In regards to selling (section 6(1)(e)) if it is proved that a person has supplied a controlled drug to another person, he shall until the contrary is proved, be deemed to have sold that controlled drug to that other person.

Question 12

Two elements required to prove ‘Offers to sell’

Answer 12

• The communicating of an offer to sell a controlled drug AND
• An intention that the other person believes the offer is genuine

Question 13

Analogue

Answer 13

Any substance with a structure substantially similar to a controlled drug

Question 14

When does importation end?

Answer 14

The process of importation continues while the goods are in transit, and only concludes when they have reached their final destination and are available to the consignee.

Question 15

What was held in R v Hancox?

Answer 15

The delivery into the post office box was the final step in the transit process and the importation had ended. The woman’s involvment after that point could therefore not have aided or assisted in the importation.

Question 16

What is the mens rea for importing?

Answer 16

• Knew about the importation, or was wilfully blind, and
• Knew the imported substance was a controlled drug (or was reckless Cameron v R), and
• Intended to cause the importation

Question 17

Distribution

Answer 17

Relates to the supply of drugs to multiple people.

Question 18

Giving

Answer 18

• Means to hand the substance over in order to enable the other person to use the drug for his or her own purposes.
• The giving is complete when the recipient accepts possession or where the drug is placed under the control of a willing participant.

Question 19

Selling

Answer 19

To sell involves the typical concept of sale - an exchange of the goods in return for valuable consideration.

• Anything of value will suffice.

Question 20

Offering to supply or administer

Answer 20

• Arousing another person’s interest in controlled drugs
• Two elements must be proved:
  1. The communicating of an offer to supply or administer a controlled drug (actus reus)
  2. An intention that the other person believes the offer to be genuine (mens rea)

Question 21

List four ways that the defendant can offer to supply a controlled drug

Answer 21

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 that he will not supply that drug

Question 22

Otherwise deals

Answer 22

Aimed at dealing by some means other than by distributing/giving/selling/administering/offering to supply/offering to administer

Question 23

What must the Crown prove regarding possession? (Four points)

Answer 23

1. Knowledge that the drug exists
2. Knowledge that it is a controlled drug
3. Some degree of control over it
4. An intention to possess it.

Question 24

How can you prove intent in drug cases?

Answer 24

1. Admissions
2. Circumstantial evidence (packaging, scales, cash, tick lists etc)
3. Statutory presumption

Question 25

Regarding statutory presumption, where does the onus lie with proving that the drugs were not for supply? What standard of proof is required?

Answer 25

1. The onus of rebutting the presumption lies with the defendant. 2. The standard of proof is the balance of probabilities.

Question 26

Schedule 5 - presumptive amounts

Answer 26

Heroin/Cocaine - 0.5 grams LSD - 2.5mgs or 25 tabs Meth - 5 grams MDMA - 5 grams/100 pills Cannabis resin - 5 grams Cannabis oil - 5 grams Cannabis plant - 28 grams or 100 cigarettes

Question 27

Saxton v Police (SaXton - importing Xtasy)

Answer 27

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

Question 28

R v Hancox (Think of people being smuggled into NZ for sexual exploitation - all attractive Russian women - the smugglers continually have their hands on their c\*\*\*s)

Answer 28

“Importation“ involves active conduct. It does not cease as the aircraft or vessel enters the New Zealand territorial limits. The process of importation exists from the time the goods enter New Zealand until they reach their immediate destination or have ceased to be under the control of the appropriate authorities and have become available to the consignee or addressee“. Application: imports (drug dealing)

Question 29

R v Strawbridge (An innocent woman thinks she is growing straw (tomato plants) when she is acutally growing cannabis = not guilty)

Answer 29

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. However 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. Application: guilty knowledge

Question 30

Police v Emerali (Emerali sounds Spanish - imagine a Spanish drug trafficker with a tiny bit of cocaine in his pocket) (Application: usable quantity (drug dealing)

Answer 30

"The serious offence of possessing a narcotic does not extend to some minute and useless residue of the substance.” Application: usable quantity (drug dealing)

Question 31

R v Rua (Rua Bioscience produce OR manufacture medicinal cannabis)

Answer 31

The creation of controlled drugs by some form of process which changes the original substances into a particular controlled drug. Application: produce/manufacture (drug dealing)

Question 32

R v Donald (After investing in Wilson parking buildings, Donald Trump is now sitting in his Trump Towers with a mountain of cocaine for supply)

Answer 32

Supply includes the distribution of jointly owned property between its co-owners. Application: supply (drug dealing)

Question 33

R v Knox (Knox - No X - giving the X back to it's original possessor)

Answer 33

“A person who is in unlawful possession of a controlled drug, which has been deposited for safekeeping, has the intent to supply that drug to another if his intention is to return the drug to the person who deposited it with him.” Application: Intent to supply (drug dealing)

Question 34

R v Wildbore (scenario - out in the WILD with the boar, shed on property, key in hiding spot, LSD kept in shed ... tells offender where the key is and permits them to access the drugs)

Answer 34

A “passive custodian” who relinquishes custody of a drug to meet the needs of another, has the necessary intent for supply. Application: intent to supply (drug dealing)

Question 35

R v During (During this time I can now offer to supply you drugs) (Application: offer to supply (drug dealing)

Answer 35

“(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.” Application: offer to supply (drug dealing)

Question 36

R v Brown (H G M C - High Girls Motorcycle Club)

Answer 36

**"...the making of such an intimation, with the intention that it should be understood as a genuine offer, is an offence."** Offering to supply a controlled drug can arise in a variety of ways including where the defendant: – Offers to supply a drug that he has on HAND – offers to supply a drug that he will GET at some future date – offers to supply a drug that he MISTAKENLY believes he can supply – offers to supply a drug CUNNINGLY, knowing he will not supply that drug. Application: offer to supply (drug dealing)

Question 37

What is an essential element that the prosecution must prove regarding selling a class C controlled drug?

Answer 37

The prosecution must prove the age of the person to whom the drugs were supplied.