DRUGS - Legislation Flashcards
Import/Export Controlled Drug
Import/Export Controlled Drug
s6(1)(a) Misuse of Drugs Act 1975 - PENALTY Life/14 years/8Years
- Imports OR Exports
SAXTON v POLICE
R v HANCOX
R v STRAWBRIDGE
- Any Controlled Drug
R v EMERALI
- Into NZ OR out of NZ
Produce/Manufacture Controlled Drug
Produce/Manufacture Controlled Drug
s6(1)(b) Misuse of Drugs Act 1975 - PENALTY Life/14 years/8Years
- Produce OR manufacture
R v RUA
R v STRAWBRIDGE
- Any Controlled Drug
R v EMERALI
SUPPLY ADMINISTER/OFFER TO SUPPLY OR ADMINISTER CLASS A/B CONTROLLED DRUG
SUPPLY ADMINISTER/OFFER TO SUPPLY OR ADMINISTER CLASS A/B CONTROLLED DRUG
s6(1)(c) Misuse of Drugs Act 1975 - PENALTY Life/14 years
- Supplies OR Administers OR Offers to Supply/Administer OR otherwise deals
R v MAGINNIS
R v DONALD
R v KNOX
BLACK LAW’S DICTIONARY
R v DURING
R v BROWN x 2
- Class A/B controlled Drug
POLICE V EMERALI
R v STRAWBRIDGE
- To any person
SUPPLY CLASS C CONTROLLED DRUG TO PERSON UNDER 18 YEARS
SUPPLY CLASS C CONTROLLED DRUG TO PERSON UNDER 18 YEARS
s6(1)(d) Misuse of Drugs Act 1975 - PENALTY 8 years
- Supplies OR Administers OR Offers to Supply/Administer OR otherwise deals
R v MAGINNIS
R v DONALD
R v KNOX
BLACK LAW’S DICTIONARY
R v DURING
R v BROWN
- Class C controlled Drug
POLICE V EMERALI
R v STRAWBRIDGE
- To person under 18 years of age
R v FORREST AND FORREST
SELL/OFFER TO SELL CLASS C CONTROLLED DRUG TO PERSON OF OR OVER 18 YEARS
SELL/OFFER TO SELL CLASS C CONTROLLED DRUG TO PERSON OF OR OVER 18 YEARS
s6(1)(e) Misuse of Drugs Act 1975 - PENALTY 8 years
- Sells OR Offers to Sell
R v STRAWBRIDGE
R v DURING
R v BROWN
- Class C controlled drug
POLICE V EMERALI
- To a person of or over 18 years of age
R v FORREST AND FORREST
POSSESSION OF CONTROLLED DRUG FOR SUPPLY
POSSESSION OF CONTROLLED DRUG FOR SUPPLY
s6(1)(f) Misuse of Drugs Act 1975 - PENALTY 8 years
- Possession of
WARNER v METROPOLITION POLICE COMMISSIONER
SULLIVAN V EARL OF CAITHNESS
- Any controlled drug
- For any of the purposes set out in paragraph (c), (d) or (e)
POLICE V EMERALI
R V STRAWBRIDGE
s6(2A) Misuse of Drugs Act 1975
s6(2A) Misuse of Drugs Act 1975
(2A) Everyone who conspires with any other person to commit an offence against subsection (1) of this section commits an offence against this Act and is liable on conviction to imprisonment for a term:
- 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 offences was committed.
- Not exceeding 10 years where paragraph (a) of this subsection does not apply but a Class B controlled drug was the controlled drug or one of the controlled drugs in relation to which the offences was committed.
- Not exceeding 7 years in any other case.
Section 12A(1) Misuse of Drugs Act 1975
Section 12A(1) Misuse of Drugs Act 1975
Equipment, material, and substances used in production or cultivation of controlled drugs
(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
What must be proven?
- The defendant has supplied, produced or manufactured equipment, material or precursors;
- Those items are capable of being used in the production or manufacture of controlled drugs or the cultivation of prohibited plants;
- That the defendant knows those items are to be used for such an offence by another person
Section 12A(2) Misuse of Drugs Act 1975
Section 12A(2) Misuse of Drugs Act 1975
(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
What must be proven?
- The defendant has equipment, material or precursors in his possession;
- The items are capable of being used in the production or manufacture of controlled drugs, or the cultivation of prohibited plants
- The defendant intends that those items are to be used for such an offence, either by himself or another person
(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:
(b) In the case of an offence against subsection (2), to imprisonment for a term not exceeding 5 years.
What must be proven for importation (Mens Rea)?
What must be proven for importation (Mens Rea)?
The crown must prove that the defendant’s conduct contributed to the importation of the drug. It must also prove guilty knowledge, i.e. the defendant;
- Knew about the importation; and
- Knew the imported substance was a controlled drug; and
- Intended to cause the importation
