DRUGS - Definitions

Question 1

Imports

Answer 1

Imports - Section 2 Customs & Excise Act 1996

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

Question 2

Exports

Answer 2

Exports - Section 53 Customs & Excise Act 1996

For the purposes 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.

Question 3

Must prove Guilty Knowledge & Case Law

Answer 3

Must prove Guilty Knowledge

Prove that defendant;

Knew about the drug offending, and
Knew the substance was a controlled drug, and
Intended to cause the drug offending.

R V STRAWBRIDGE

If 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.

Question 4

Controlled Drug

Answer 4

Controlled Drug - Section 2, MODA 1975

Any substance, preparation, mixture or article specified or described in schedule 1,2 or 3 to this Act and includes any controlled drug analogue.

R V EMERALI

In any drug offence the quantity of drug involved must be measurable and useable.

Question 5

Controlled Drug Analogue

Answer 5

Controlled Drug Analogue - Section 2, MODA 1975

Any substance that has a structure substantially similar to that of any controlled drug. There are some exceptions.

R V EMERALI

In any drug offence the quantity of drug involved must be measurable and useable.

Question 6

Produce

Answer 6

Produce

To bring something into being, or to bring something into existence from it’s raw materials or elements.

Question 7

Manufacture

Answer 7

Manufacture

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

R v RUA

The statute is not intended to create separate crimes of producing and manufacturing a controlled drug. Rather, we are inclined to the view that the use of the words ‘produce or manufacture’ are to be read as complementary and to broadly cover the process of the creation of controlled drugs.

Question 8

Complete

Answer 8

Complete

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

Question 9

Possession

Answer 9

Possession

Possession may be actual or constructive.

Question 10

Actual Possession & Case Law

Answer 10

Actual Possession

Actual possession arises where the thing in question is in a person’s physical custody; it is on or about their person, or immediately at hand.

WARNER v METROPOLITION POLICE COMMISSIONER

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

Question 11

Constructive Possession & Case Law

Answer 11

Constructive Possession

Constructive possession arises when something is not in a person’s physical custody, but they have ready access to it or can exercise control over it.

SULLIVAN V EARL OF CAITHNESS

“[Possession includes} not merely those who have physical custody of firearms … but also those who have firearms under their control at their behest, even though for one reason or another they may be kept at [another location].”

Question 12

Possession - Section 2(2), Misuse of Drugs Act 1975

Answer 12

Possession - Section 2(2), Misuse of Drugs Act 1975

For the purposes of this Act, the things which a person has in his possession include any thing subject to his control which is in the custody of another.

Question 13

Supply - Section 2, MODA 1975 & Case Law

Answer 13

Supply - Section 2, MODA 1975

Includes to distribute, give or sell.

Distribution is complete when the defendant has done all that is necessary to accomplish delivery of the drug to others.

R v MAGINNIS

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

R v DONALD

“The distribution of … jointly owned property amongst its co-owners …” is caught within the meaning of supply.

R v KNOX

Giving includes giving back

Question 14

Administer

Answer 14

Administer

BLACK LAW’S DICTIONARY

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.

Question 15

Sell

Answer 15

Sell

A quantity or share in a drug is exchanged for some valuable consideration.

Question 16

Presumption of Sale & Case Law

Answer 16

Presumption of Sale – Section 6(5) MODA 1975

For the purposes of Section 6(1)(e), if proved that a person has supplied a controlled drug it shall be deemed to have been sold unless proved to the contrary.

Offers

R v DURING

Intimation to another person that he’s ready on request to supply drugs prohibited by the statute, to them.

R v BROWN

have drug/intend to supply/offer to sell
dont have drug/intend to get/offer to sell
think have drug but dont/offer to sell
pretend to have/offer to sell

Question 17

Otherwise deals

Answer 17

Otherwise deals

Includes bartering or exchanging.

Question 18

Purpose

Answer 18

Purpose

In this context can be equated to aim or intention.

(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;