Drugs And Firearms Definitions And Case Law

Question 1

Import

Answer 1

Bring or cause to be bought into New Zealand (Sexton v Police)

Question 2

Import case law

Answer 2

Saxton v Police: Import includes to bring in or cause to be bought in from a foreign country

R v Hancox: Importation involves active conduct. It also does not cease once entering NZ, but carries on until it reaches the destination

Question 3

Definitions for controlled drugs of SPAM, CDA and KKI

Answer 3

Substance, preparation, article specified or mixture

Controlled drug analouge

Knowledge (of offence), knowledge (SPAM or CDA a controlled drug) and intent (to commit the offence)

Question 4

Controlled substance classes, schedules and examples

Answer 4

Class A = Schedule 1 (meth, cocaine, psilocybin, heroine)
Class B = Schedule 2 (GBL, MDMA, hash oil)
Class C = Schedule 3 (cannabis)

Question 5

Guilty knowledge case law

Answer 5

R v Strawbridge: knowledge the substance is a controlled drug is presumed, unless evidence to the contrary provided on the balance of probabilities

Question 6

Usable quantity case law

Answer 6

Police v Emerali: drug dealing must involve a usable ammount, does not extend to minute and useless residue of the substance

Question 7

R v Rua

Answer 7

Produce and manufacture cover the creation of controlled drugs by some process which changes an original substance into a particular drug

Offence of produced/Manufacture is complete when drug created even if not in a usable form

Question 8

Produce

Answer 8

Create into existence from raw materials

Question 9

Manufacture

Answer 9

Combine components or raw materials to create a new substance

Question 10

R v Donald

Answer 10

Supply includes the distribution of jointly owned property between its co-owners

Question 11

R v Knox

Answer 11

Unlawful possession of a controlled drug for safekeeping with intent to return it to its original owner is intent to supply

Question 12

R v Wildbore

Answer 12

A passive custodian who relenquishes cusrody of a drug to another has intent to supply

Question 13

Administer

Answer 13

Direct or cause drug to be taken into the system of another

Question 14

“Offers” actus reus and mens rea

Answer 14

-Communicate the offer (actus reus)
- Intention the other person believes is genuine (mens rea)- see R v Brown

Question 15

Offers case law

Answer 15

R v During: Offer is a intimation by a person to another that he is ready on request to supply

R v Brown: Offering includes offering:
- a drug they have
- a drug they will produce
- a drug they mistakenly think they can supply
- deceitful knowing they will not supply

Question 16

Otherwise deals with

Answer 16

Dealing not covered elsewhere in this section

Question 17

Sell definition

Answer 17

Exchange for a valuable consideration

Supply is deemed to be selling until proven otherwise for selling to over 18 year old.

Question 18

Intent and possession case law

Answer 18

R v Collister and R v Cox

Question 19

Things always present under controlled drug

Answer 19

SPAM or CDA, Guilty knowledge (KKI), R v Strawbridge and Police v Emerali

Question 20

R v Maginnis

Answer 20

Supply is more than phsycial control. It is to give to someone else for their own purposes