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Flashcards in Drugs Deck (34)
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1
Q

Dealing with controlled drugs - Section 6 Misuse of Drugs Act 1975

A

(1) no person shall—
(a) import into or export from New Zealand any controlled drug, other than a controlled drug specified or described in Part 6 of Schedule 3; or
(b) produce or manufacture any controlled drug; or
(c) supply or administer, or offer to supply or administer, any Class A controlled drug or Class B controlled drug to any other person, or otherwise deal in any such controlled drug; or
(d) supply or administer, or offer to supply or administer, any Class C controlled drug to a person under 18 years of age; or
(e) sell, or offer to sell, any Class C controlled drug to a person of or over 18 years of age; or
(f) have any controlled drug in his possession for any of the purposes set out in paragraphs (c), (d), or (e)

2
Q

Dealing with Controlled drugs - Section 6 (2A) MODA 1975

A

Every person who conspires with any other person to commit an offence against subsection (1) commits an offence against this Act and is liable on conviction to imprisonment for a term—

(a) not exceeding 14 years where a Class A controlled drug was the controlled drug or one of the controlled drugs in relation to which the offence was committed:
(b) not exceeding 10 years where paragraph (a) does not apply but a Class B controlled drug was the controlled drug or one of the controlled drugs in relation to which the offence was committed:
(c) not exceeding 7 years in any other case.

3
Q

Supplies equipment / precursors - Section 12A (1) MODA

A

(1)Every person commits an offence against this Act who supplies, produces, or manufactures—

(a) any equipment or material that is capable of being used in, or for, the commission of an offence against section 6(1)(b) or section 9; or
(b) any precursor substance—
knowing that the equipment, material, or substance is to be used in, or for, the commission of an offence against those provisions.

(3) Every person who commits an offence against this section is liable on conviction,—
(a) in the case of an offence against subsection (1), to imprisonment for a term not exceeding 7 years:

4
Q

Possession of equipment / precursors - Section 12A (2) MODA

A

(2) Every person commits an offence against this Act who has in his or her possession—
(a) any equipment or material that is capable of being used in, or for, the commission of an offence against section 6(1)(b) or section 9; or
(b) any precursor substance— with the intention that the equipment, material, or substance is to be used in, or for, the commission of an offence against that provision.

(3) Every person who commits an offence against this section is liable on conviction,—
(b) in the case of an offence against subsection (2), to imprisonment for a term not exceeding 5 years.

5
Q

What was held in R v STRAWBRIDGE

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 she is entitled to be acquitted unless the jury is satisfied beyond reasonable doubt that this was not so.

6
Q

What was held in Police v EMERALI

A

In any drug offence the quantity involved must be measurable and useable, The serious offence of possessing a narcotic does not extend to some minute and useless residue of the substance.

7
Q

What was held in R v RUA

A

The words produce or manufacture broadly covers the creation of controlled drugs by some process which changes the original substance into a particular controlled drug.

8
Q

What was held in R v DURING

A

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 statute.

9
Q

What was held in R v BROWN in regard to genuine offer

A

The making of such an intimation, with the intention that it should be understood as a genuine offer, is an offence

10
Q

What was held in R v BROWN in regards to ways offer could arise

A
  • Offers to supply a drug he has on hand
  • Offers to supply a drug that will be procured at some future date
  • Offers to supply a drug he mistakenly believes he can supply
  • Offers to supply a drug deceitfully, knowing he will not supply that drug.
11
Q

What was held in Warner v Metropolitan Police Commissioner - possession

A

The term possession must be given a sensible and reasonable meaning in its context. Ideally a possessor of a thing has:

  • Complete physical control over it
  • Knowledge of its existence, its situation and its qualities
12
Q

What was held in R v MAGINNIS - supply

A

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

13
Q

Define imports - Section 2 Customs and Excise Act 1996

A

In relation to goods, means the arrival of goods into NZ in any manner, whether lawfully or unlawfully from a point outside of NZ.

14
Q

What must be proved to show guilty knowledge

A
  • Knew about the drug offending; and
  • Knew the substance was a controlled drug; and
  • Intended to cause the drug offending
15
Q

Define controlled drug - Section 2 MODA

A

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

16
Q

Define Produce

A

To produce means to bring something into being or bring something into existence from its raw materials or elements.

17
Q

Define manufacture

A

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

18
Q

When is the offence of manufacturing/producing complete

A

The offence is complete once the prohibited substance is created, whether or not it is in a useable form.

19
Q

Define possession

A

Possession may be actual or constructive.
Actual possession arises when the thing in question is in a person’s physical custody, it is on or about their person or immediately at hand.

20
Q

Define supply - Section 2 MODA

A

Includes to distribute give or sell

21
Q

Define sells

A

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.

22
Q

Dealing with controlled drugs - Section 6(5) MODA

A

For the purposes of paragraph (e) of subsection (1), 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

23
Q

Presumption for supply - Section 6(6) MODA

A

Section 6(6) –For the purpose of subsection (1)(f), a person is presumed until the contrary is proved to be in possession of a controlled drug for any of the purposes in section (1)©(d) or (e ) if he or she is in possession of the controlled drug in an amount, level or quantity at or over which the controlled drug is presumed to be for supply.

24
Q

Rebuttal of presumption for supply.

A

The presumption that the drug is for sale or supply may be rebutted if the person is able to prove on the balance of probabilities, that they did not intent to commit a dealing offence, not withstanding the amount. For example the defence may argue that the suspect was heavily addicted and required large amounts for personal use.

25
Q

Define Class A controlled drug

A

Means any controlled drug specified or escribed in Schedule 1 to this Act.

26
Q

Define purpose - drug dealing

A

in this context can be equated to aim or intention

27
Q

Define Exports - Section 53 Customs and Excise Act 1996

A

For the purpose of this Act, the time of exportation is the time when the exporting craft leaves the last Customs place at which that craft calls immediately before proceeding to a point outside New Zealand.

28
Q

Define Controlled drug analogue - Section 2 MODA

A

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 –

(a) Any substance specified or described in Schedule 1 or 2 or parts 1 to 6 of schedule 3 to this act, or
(b) Any pharmacy only medicine or prescription medicine within the meaning of the medicines Act 1981, or
(c) An approved product within the meaning of the psychoactive substances act 2013

29
Q

Define Administers - Blacks law Dictionary

A

In the context of drug dealing the appropriate meaning of administer is “to direct and cause a drug to be taken into the system” of another person

30
Q

What needs to be proven for an offer to sell/supply

A

The prosecution must prove two elements
• The communication of an offer to sell a controlled drug (the actus reus) and
• An intention that the other person believes the offer to be genuine (mens rea)

31
Q

Define otherwise deals

A

The term otherwise deals in paragraph ( c) is aimed at dealing in a drug by some means other than by distributing, giving or selling it, administering it or offering to supply or administer it.

R v Hooper and another – the example which readily comes to mind is barter or exchange

32
Q

Define Class B controlled drug - Section 2 MODA

A

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

33
Q

Define Class C controlled drug - Section 2 MODA

A

Class C controlled drug means the drugs specified or described in Schedule 3 to this act and includes any controlled drug analogue.

34
Q

Intent to supply - what needs to be proved

A

Although the Crown must prove the defendant intended the other person to believe the offer, it is not necessary to prove that he had the capacity to supply the drugs.