DRUGS Flashcards
(55 cards)
Section 6(1)(a) MODA 1975
Imports/Exports
- no person shall
- import into or export from New Zealand
- any controlled drug
Section 6(1)(b) MODA 1975
Produce/Manufacture
- no person shall
- produce or manufacture
- any controlled drug
Section 6(1)(c) MODA 1975
Supply Class A/B
- no person shall
- supply or administer or offer to supply or administer
- any Class A or Class B controlled drug
- to any other person
Section 6(1)(d) MODA 1975
Supply Class C Under18
- no person shall
- supply or administer or offer to supply or administer
- any Class C controlled drug
- to a person under 18 years of age
Section 6(1)(e) MODA 1975
Sell Class C Over18
- no person shall
- sell or offer to sell
- any Class C controlled drug
- to a person of or over 18 years of age
Section 6(1)(f) MODA 1975
Possession For Supply
- no person shall
- have in his possession
- any controlled drug
- for any of the purposes set out in paragraphs (c), (d) or (e) of s6(1) of MODA1975
Imports definition
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) (R v Hancox)
Saxton v Police
To import includes “to introduce from abroad or to cause to be brought in from a foreign country”
R v Hancox
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 NZ territorial limits. Importing is a process. The element of importing exists from the time goods enter NZ until they reach their immediate destination (ie) when they have ceased to be under the control of the appropriate authorities and have become available to the consigned or addressee.
What must Crown and prove in relation to imports?
- that they knew about the importation
- that they knew it was a controlled drug
- that they intended to cause importation
R v Martin (wilful blindness)
“It will suffice if Crown can prove beyond reasonable doubt that the accused had suspicions aroused but deliberately refrained from making further enquiries or confirming suspiciouns because they wanted to remain in ignorance. The fault lies in the deliberate failure to enquire when the accused knows there is reason for enquiry”
New Zealand
means the land and waters enclosed by the outer limits of the territorial sea of New Zealand. Outer limit is 12 nautical miles from the land mass of New Zealand.
Any 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
means any substance, such as the substances specified or described in Part 7 of Schedule 3 to this Act, that has a structure substantially similar to that of any controlled drug but does not include;
- any substance specified or described in Schedule 1, 2 or 3 to this Act or,
- any pharmacy only medicine or prescription medicine or restricted medicine within the meaning of the Medicines Act 1981 or
- an approved product within the meaning of the Psychoactive Substances Act 2013
Class A
drugs specified or described in Schedule 1 of the Act
very high risk of harm
- cocaine, heroin, LSD (lysergide), methamphetamine, psilocybin (magic mushrooms)
Class B
drugs specified or described in Schedule 2 of this Act
high risk of harm
- amphetamine, cannabis preparations (oil + hashish), GHB, MDMA (ecstasy), morphine, opium, ephedrine
Class C
drugs specified or described in Schedule 3 of this Act, and includes any controlled drug analogue
moderate risk of harm
- cannabis plant and seed, benzylpiperazine, controlled drug analogues, pseudoephedrine
R v Strawbridge (guilty knowledge)
It is not necessary for the crown to establish knowledge on the part of the accused. In the absence of evidence to the contrary 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, then she is entitled to be acquitted.
Police v Emirali (useable quantity)
The serious offence of possessing a narcotic does not extend to some minute and useless residue of the substance
Produce definition
means to bring something into being, or bring into existence from its raw materials or elements.
Includes compounds: to create a whole by mixing or combining two or more elements or parts
Manufacture definition
process of synthesis, combining components or processing raw materials to create a new substance. (Manufacturing meth from pseudoephedrine or heroin from morphine)
R v Rua (producing or manufacturing)
The words produce or manufacture in s6(1)(b) broadly cover the creation of controlled drugs by some form of process that changes the original substances into a particular controlled drug.
(Must specify one or the other tho)
Supply definition
To furnish or provide something that is needed or desired, includes to distribute, give and sell.
R v Maginnis (supply)
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.
