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DDP Modules > Drugs > Flashcards

Drugs Flashcards

1
Q

Drug Dealing (import/export)
(Act & Section)

A

Section 6(1)(a), Misuse of Drugs Act 1975

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2
Q

Drug Dealing (import/export)
(elements)

A
  • import into or export from New Zealand
  • any controlled drug
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3
Q

Drug Dealing (produce/manufacture)
(Act & Section)

A

Section 6(1)(b), Misuse of Drugs Act 1975

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4
Q

Drug Dealing (produce/manufacture)
(elements)

A
  • produce or manufacture
  • any controlled drug
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5
Q

Drug Dealing (Supply Class A or B)
(Act & Section)

A

Section 6(1)(c), Misuse of Drugs Act 1975

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6
Q

Drug Dealing (Supply Class A or B)
(elements)

A
  • supply or administer or offer to supply or administer or otherwise deal in
  • any Class A controlled drug or
    Class B controlled drug
  • to any other person
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7
Q

Drug Dealing (supplying class C to under 18)
(Act & Section)

A

Section 6(1)(d), Misuse of Drugs Act 1975

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8
Q

Drug Dealing (supplying class C to under 18)
(elements)

A
  • supply or administer or offer to supply or administer
  • any Class C controlled drug
  • to a person under 18 years of age
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9
Q

Drug Dealing (supplying class C to person over 18)
(Act & Section)

A

Section 6(1)(e), Misuse of Drugs Act 1975

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10
Q

Drug Dealing (supplying class C to person over 18)
(elements)

A
  • sell or offer to sell
  • any Class C controlled drug
  • to a person of or over the age of 18
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11
Q

Drug Dealing (possession for suupply)
(Act & Section)

A

Section 6(1)(f), Misuse of Drugs Act 1975

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12
Q

Drug Dealing (possession for supply)
(elements)

A
  • have in his or her possession
  • any controlled drug
  • for any or the purposes set out in paragraphs (c), (d), or (e) of Section 6(1) MODA.
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13
Q

Importation
(define)

A

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…

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14
Q

Imports
(case law)

A

Saxton v Police

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15
Q

Saxton v Police held

A

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

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16
Q

Importation ends
(case law)

A

R v Hancox

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17
Q

R v Hancox held

A

…the bringing of goods into the country or causing them to be brought into the country does not cease as the aircraft or vessel enters New Zealand’s territorial limits. Importing into New Zealand for the purposes of 6(1)(a) is a process. The element of importing exists from the time the goods enter New Zealand until they reach their immediate destination… when they have ceased to be under the control of the appropriate authorities and have become available to the consignee or addressee.

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18
Q

Mens rea of importing
(3 must proves)

A
  • knew about the importation
  • knew the imported substance was a controlled drug
  • intended to cause the importation
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19
Q

Wilful blindness for importation

A

In terms of providing guilty knowledge, proof that the defendant deliberately turned a blind eye to the facts will suffice

R v Martin - had a suitcase from Nigerians, didn’t know the contents.

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20
Q

New Zealand
(define)

A

New Zealand -
(a) means the land and the waters enclosed by the outer limits of the territorial seas of New Zealand.

The outer limit of the territorial seas is 12 nautical miles from the land mass of New Zealand.

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21
Q

Controlled drug
(define)

A

controlled drug means any substance, preparation, mixture, or article specified or described in Schedule 1, Schedule 2, or Schedule 3 of the Act; and includes any controlled drug analogue.

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22
Q

Controlled Drug Analogue
(define)

A

Controlled drug analogue means any substance, that has a structure substantially similar to that of any contolled drug.
such as the substances specified or described in Part 7 of Schedule 3 to this Act,

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23
Q

Contolled Drug Analogue exceptions

A

(a) Any substance specified in Schedule 1 or Schedule 2 or Parts 1-6 of Schedule 3 of this Act.

(b) Any pharmacy only medicine or prescription medicine or restricted medicine within the meaning of the Medicines Act 1981

(c) an approved product within the meaning of the Psychoactive Substances Act 2013

24
Q

Class A controlled drugs
(define)

A

Class A controlled drug means the controlled drugs specified or described in Schedule 1 to this Act

25
Q

Why are Class A drugs classified Class A

A

their misuse poses a very high risk of harm to individuals and to society.

26
Q

Class A drug examples

A
  • Cocaine
  • Heroin
  • Lysergide (LSD)
  • Methamphetamine
  • Psilocybin (found in magic mushrooms)

recently
- AMB-FUBINACA (synthetic cannabis)
- 5F-ADB (synthetic cannabis)

27
Q

Class B controlled drug
(define)

A

Class B controlled drug means the controlled drugs specified or described in Schedule 2 to this Act

28
Q

Why are Class B drugs classified Class B?

A

Class B controlled drugs are those that pose a high risk or harm

29
Q

Class B drug examples

A
  • Amphetamine
  • Cannabis preparations (eg cannabis oil and hashish)
  • GHB (fantasy)
  • MDMA (Ecstasy)
  • Morphine
  • Opium
  • Pseudoephedrine
  • Ephedrine
30
Q

Class C controlled drug
(define)

A

Class C controlled drug means the controlled drugs specified or described in Schedule 3 to this Act; and includes any temporary class drug, and any controlled drug analogue.

31
Q

Why are Class C drugs classified Class C?

A

Class C controlled drug pose a moderate risk of harm

32
Q

Class C drug examples

A
  • Cannabis plant
  • Cannabis seed
  • Benzylpiperazine (BZP)
  • Controlled drug analogues
33
Q

Guilty knowledge
(case law)

A

R v Strawbridge

34
Q

R v Strawbridge held

A

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 grounds 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.

35
Q

Usable quantity
(case law)

A

Police v Emirali

36
Q

Police v Emirali held

A

…the seriousnes offence of… possessing a narcotic does not extend to some minute and useless residue of the substance.

37
Q

Proving usable quantity

A

S29A, not necessary for the prosecution to prove usable quantity unless the defendant puts the matter in issue.

38
Q

Producing and manufacturing
(case law)

A

R v Rua

39
Q

R v Rua held

A

The words “produce” or “manufacture” in s6(1)(b) broadly covers the creation of controlled drugs by some form of process which changes the original substances into a particular controlled drug.

40
Q

To Compound
(define)

A

To “compound” means to create a whole by mixing or combining two or more elements or parts

41
Q

Manufacturing
(define)

A

Manufacturing is the process of synthesis; combining components o processing raw materials to create a new substance.

42
Q

When is the offence of manufacturing complete

A

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

43
Q

Cannabis preparations

A

S29B
Makes the plant matter unrecognizable, eg cannabis oil or cannabis cake.
So prosecution must prove contains tetrahydrocannabinols.

Upgrades it from Class C to Class B

44
Q

Supply
(define)

A

Supply includes distribute, give, and sell.

45
Q

Supply
(define)

A

Supply includes distribute, give, and sell.

46
Q

Supply
(case law)

A

R v Maginnis

47
Q

R v Maginnis held

A

“[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…”

48
Q

Distribute
(define)

A

The term “distribution” relates to the supply of Drugs to multiple people.

Giving to multiple joint owners still counts

49
Q

Giving
(define)

A

“Giving” involves handing over or in some other way transferring an item to another person

50
Q

Selling
(define)

A

A sale occurs when a quantity or share in a drug is exchanged for some valuable consideration.

51
Q

Administering
(define)

A

To direct or cause a… drug to be taken into the system of another person

52
Q

Administering
(examples)

A
  • injucting a person with heroin
  • heating knives so another person can spot
  • slipping a date rape drug into a drink
53
Q

Offering to supply/administer
(case law)

A

R v During

54
Q

R v During held

A

“[an offer is] an intimation by the person charged to another that he is ready on request to supply that other drugs of a kind prohibited by statute”

55
Q

Offering to supply/administer
(must prove)

A
  • the communicating of an offer to supply or administer a controlled drug (actus reus)
  • an intention that the other person believes the offer to be genuine (mens rea)

DDP Modules (6 decks)

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