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Flashcards in Drugs Deck (59)
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1

Imports

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
Section 2, Customs and Excise Act 1996

2

R v Hancox

The element of importing exists from the time the goods enter New Zealand 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 cosignee or addressee

3

Exports

Time of exportation
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 of New Zealand
Section 53 Customs and Excise Act 1996

4

R v Saxton

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

5

Must prove guilty knowledge (importing)

This will involve proof that the defendant
- knew about the importation and
- knew the imported substance was a controlled drug and
- intended to cause the importation

6

R v Strawbridge

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

7

Police v Emerali

In any drug offence the quantity of drug involved must be measurable and usable.
"......the serious offence of... Possessing a narcotic does not extend to some minute and useless residue of the substance".

8

Controlled drug

Means any substance, preparation, mixture or article specified or described in schedule 1, schedule 2 or schedule 3 of this act and includes any controlled drug analogue
Section 2, misuse of Drugs Act 1975

9

Import/export Controlled drug
Section
Act
Penalty
Ingredients

Section: 6(1)(a)
Act: Misuse of drugs Act 1975
Penalty: life imprisonment
Ingredients:
1. Imports into OR exports from New Zealand
*************
2. Any controlled drug

10

Produce or manufacture any Controlled drug
Section
Act
Penalty
Ingredients

Section: 6(1)(b)
Act: Misuse of drugs Act 1975
Penalty: life imprisonment/ 14 years/ 8 years
Ingredients:
1. Produce OR Manufacture
*************
2. Any controlled drug

11

Produce

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

12

Manufacture

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

13

R V Rua

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

14

Complete

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

15

Must prove guilty knowledge
(produce/manufacturing)

This will involve proof that the defendant
- knew about the produce/manufacturing and
- knew the produce/manufacturing substance was a controlled drug and
- intended to cause the produce/manufacturing

16

Supply

Includes to distribute, give or sell
Section 2, Misuse of drugs Act 1975

17

R v Maginnis

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..."

18

Administers

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.
Black's law dictionary

19

R v During

Offers to supply
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

20

R v Brown

Offering to supply
- offers to supply a drug that he has on hand
- offers to supply a drug that will be procured at some future date
- offers to supply a drug that he mistakenly believes he can supply
- offers to supply a drug deceitfully, knowing he will not supply that drug

21

Otherwise deals in

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

22

Sell

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

23

Dealing with controlled drugs

For the purposes of paragraph (e) of subsection (1) of this section, 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
Section 6(5) Misuse of drugs Act 1975

24

Offers to sell

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

25

Proving age

In practice this generally involves producing the victims birth certificate in conjunction with independent evidence that identifies the victim as the person named in the certificate

26

R V Forrest & Forrest

The best evidence possible in the circumstances should be adduced by the prosecution in proof of (the victim's) age

27

R V Cox (drugs)

Possession involves two elements, The first, the physical element, is actual or potential physical custody or control. The second, the mental element, is a combination of knowledge and intention; knowledge in the sense of an awareness by the accused that the substance is in his possession and an intention to exercise possession

28

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

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 deals in any such controlled drugs
Section 6(1)(c), Misuse of Drugs Act 1975

29

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

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)(d), Misuse of Drugs Act 1975

30

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

Sell or offer to sell, any class C controlled drug to a person of or over 18 years of age
Section 6(1)(e), Misuse of Drugs Act 1975