Drugs Flashcards
(25 cards)
DEFINITION OF IMPORTS
Arrival of goods Into New Zealand in any manner, whether lawfully or unlawfully from a point outside of New Zealand
SAXTON V POLICE
To import includes to introduce from aboard or to cause to be brought in from a foreign country
When is someone criminally liable for Importation of illegal drugs
Criminal liability arises as soon as drugs cross new zealand border
R V HANCOCK
The importation of goods does not cease as the aircraft or vessel enter’s new zealand. importing is a process and exists from the time the goods come into new zealand territory until they reach their immediate final destination and cease to be under control of appropriate authorities and have become available to the cosignee or addressee
MENS REA FOR IMPORTING
The Crown must prove that the defendant’s conduct contributed to the actual importation of drug and prove defendants guilty knowledge. proof can be showing through the defendant knowing about the importation , knowing that the substance was a controlled drug and intending to cause the importation
WILFUL BLINDNESS IMPORTATION
In terms of proving guilty knowledge proof that the defendant deliberately turned a blind eye to the facts will suffice
DEFINITION ON NEW ZEALAND
The land in waters enclosed within twelve nautical miles of new zealands land mass
CLASS A DRUGS
Control drug specified and schedule one of MODA75. Classified is class a AS their misuse Possess is a very high risk to individuals in society. Herion LSD Meth Cocaine Psilocyclone.
CLASS B DRUGS
Control drug specified and schedule 2 MODA75. Pose high risk to society and individuals. Amphetamine. cannabis preparation. GBH. MDMA. Morphine. Opium. Ephidrine. Pseudoephedrine
CLASS C DRUGS
Control drugs specified 1. Pose moderate risk to individuals in society. Cannibis Plant. Cannibis seed. BZP. Controlled drug analogues
What is the exception for Section 6(1)(a)
PART 6 SCHEDULE 3 Drugs not included under this offence.
R V STRAWBRIDGE
A person must have guilty knowledge to be found guilty of an offence.
It is not necessary for the crown to establish knowledge, in the absence of evidence to the contrary The defendant part will be presumed, but if there is evidence, they honestly believed on reasonable grounds that their act was innocent.Then they are entitled to be acquitted unless the jury is satisfied beyond the reasonable doubt that this was not so.
What is section 29
It is not a defence that the defendant did not know the substance in question was the particular controlled drug alleged. Eg Can’t claim defence For heroin if he had cocaine.
Police v EMARALI
The serious offence of possessing a narcotic does not extend to some minute or useless amount.The quantity of drug must be usable amount.
R V RUA
The creation of a controlled drug by some form of process , which changes the original substance into a particular control drug.
Producing
To bring something into existence from raw materials or elements.
Manufacture
Process of synthesis combining components all processing raw materials to create a new substance.
When is the offense of producing or manufacturing complete
Once prohibited, substance is created with inusable form Or not
Cannabis preparations
Section 29B
Cannabis preparation is produced by subjecting cannabis plant to some kind of processing that renders it unrecognisable as plant material prosecution must prove preparation contains THC
SUPPLY
To furnish or provide something that is needed or desired includes distribute give and sell.
R V MAGINNIS
Supply evolves more than mere transfer of physical control.It includes enabling the recipient to apply the thing to purpose for which he desires
Definition Of distributing
To supply drugs to multiple people.
Definition of giving
Involves handing over to another person. Giving can occur without active transfer. Eg , where a person passively permits another to help himself to a cache of drugs
Definition of sell
An exchange for valuable consideration
