Drug Definitions

Question 1

Imports

CEA.96 S.2

Answer 1

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

Question 2

SAXTON V POLICE

Answer 2

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

Question 3

R V HANCOX

Answer 3

The element of importing exists from the time the goods enter New Zealand until they reach their immediate destination ie when the have ceased to be under the control of the appropriate authorities and have become available to the consignee or addressee.

Question 4

Exports

CEA.96 S.53

Answer 4

The time of exportation is the time when the exporting craft leave the last customs place at which that craft call immediately before proceeding to a point outside New Zealand.

Question 5

Proving Guilty Knowledge

Answer 5

• Know the drug exists AND
• Know that it is a controlled drug AND
• Intention to posses it AND
• Some degree of control over it

Question 6

R V STRAWBRIDGE

Answer 6

It is not necessary for the Crown to establish knowledge. It is presumed.
If there is some evidence that the accused honestly believed on RG 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.

Question 7

POLICE V EMERALI

Answer 7

In any drug offence the quantity of drug involved must be measureable and usable.
“the serious offence of … possessing a narcotic does not extend to some minute and useless residue of the substance.”

Question 8

Controlled Drug

Answer 8

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

Question 9

Produce

Answer 9

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 10

Manufacture

Answer 10

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

Meth - ephadrine to meth

Question 11

R V RUA

Answer 11

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.

Question 12

Produce or manufacture is complete when…

Answer 12

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

Question 13

Supply

MODA.75 S.2

Answer 13

To distribute, give or sell.

Question 14

R V MARGINNIS

Answer 14

Supply involves more than mere transfer of physical control, it includes enabling the recipient to apply the thing to purposes for which he desires.

Question 15

Administers

Dictionary

Answer 15

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

Question 16

Offers

Dictionary

Answer 16

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

Question 17

R V DURING

Answer 17

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.

Question 18

R V BROWN

Answer 18

The making of such intimation with the intention that is should be understood as a genuine offer.

Offers to supply a drug that:

• he has on hand
• will be procured at some future date
• he mistakenly believes he can supply
• deceitfully, and knowing he will not supply that drug

Question 19

Proving Age

R V FORREST AND FORREST

Answer 19

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

Question 20

Sell

Answer 20

A sale occurs when a quantity or share in a drug is exchanged for some valuable consideration. Will commonly be money, but anything of value will suffice.

Question 21

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

Answer 21

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

Question 22

Two elements required to prove ‘Offers to sell’

Answer 22

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

Question 23

Possession

R V COX

Answer 23

Involves two elements

1. Physical, is actual or potential physical custody or control.
2. Mental, a combination of knowledge and intention, knowledge in the sense of an awareness that the substance is in their possession and an intention to exercise that possession.

Question 24

Actual v Potential Possession

Answer 24

Actual - the person actually has the drug in their custody

Potential - When the person has the potential to have the drug in their control

Question 25

Class A drug examples

Answer 25

Meth
Magic mushrooms
Cocaine 
Heroin
LSD

Question 26

Class B examples

Answer 26

Amphetamine
Cannabis oil
Hashish
GHB (fantasy)
MDMA (ecstacy)
Morphine
Opium
Pseudoephedrine

Methadone

Question 27

Class C examples

Answer 27

Cannabis seed
Cannabis plant
Codeine
BZP
Drug Analogues

Question 28

Hooper and Another

Answer 28

In terms of otherwise dealing the example which readily comes to mind in barter or exchange.

The prosecution must be as specific as the evidence allows. Use sell if sale occurs rater than generic ‘dealing’

Question 29

Proving intent
(plus drugs cases)

Answer 29

R V COLLISTER
Defendants intent can be inferred from the circumstances
-Actions or words before/during/after event
-Surrounding Circumstances
-Nature of the act itself

Drugs

• admissions
• circumstantial evidence (packaging/scales/cash/tick list)
• statutory presumption

Question 30

Section 6(6)

Presumptive amounts

Answer 30

Herion - 0.5g
Cocaine - 0.5g
LSD - 2.5g or 25flakes
Meth - 5g
MDMA - 5g
Cannabis oil - 5g
Cannabis plant - 28g or 100cig
All others 56g