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CIB 011 > Liabilities > Flashcards

Liabilities Flashcards

1
Q

Import/export controlled drugs – act, section penalty

A

MODA 75, S 6(1)(a), Life imprisonment

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2
Q

Import/export controlled drugs - Ingredients

A
  • Imports into NZ OR Exports from NZ

- any controlled drug

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3
Q

‘Imports into NZ’ Ingredient

A
  • definition of imports (section 2 customs and excise act 1996)
  • Saxton v Police
  • R v Hancox
  • proving guilty knowledge
  • R v Strawbridge
  • definition usable amount
  • Police v Emerali
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4
Q

‘Exports from New Zealand’ Ingredient

A
  • definition of Time exportation (Section 53 Customs and Excise Act 1996)
  • proving guilty knowledge
  • R v Strawbridge
  • definition usable amount
  • Police v Emerali
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5
Q

‘Any controlled drug’ Ingredient

A
  • definition of controlled drug
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6
Q

Produce or manufacture any controlled drug – act, section, penalty

A

MODA 75, s 6(1)(b), class A life imprisonment, class B 14 years, class C 8 years

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7
Q

Produce or manufacture any controlled drug - ingredients

A
  • Produce or manufacture

- any controlled drug

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8
Q

‘Produce’ Ingredient

A
  • definition of produce
  • R v Rua
  • Offence complete
  • proving guilty knowledge
  • R v Strawbridge
  • definition usable amount
  • Police v Emerali
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9
Q

‘Manufacture’ Ingredient

A
  • definition of manufacture
  • R v Rua
  • Offence complete
  • proving guilty knowledge
  • R v Strawbridge
  • definition usable amount
  • Police v Emerali
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10
Q

‘Any controlled drug’ Ingredient

A
  • definition of controlled drug
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11
Q

Supply/administer/offered to supply/offer to administer class A or B controlled drugs – act, section, penalty

A

MODA75, s 6(1)(c), class A life imprisonment, class B 14 years

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12
Q

Supply/administer/offered to supply/offer to administer class A or B controlled drugs - ingredients

A
  • supplies OR administers OR Offers to supply OR offers to administer OR Otherwise deals in
  • class A or B controlled drug

– To any person

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13
Q

‘Supply’ Ingredient

A
  • definition of supply
  • R v Maginnis
  • proving guilty knowledge
  • R v Strawbridge
  • definition usable amount
  • Police v Emerali
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14
Q

‘Administers’ Ingredient

A
  • definition of administers
  • proving guilty knowledge
  • R v Strawbridge
  • definition usable amount
  • Police v Emerali
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15
Q

‘Offers to supply’ Ingredient

A
  • definition of offers
  • R v During
  • R v Brown
  • definition of supply
  • proving guilty knowledge
  • R v Strawbridge
  • definition usable amount
  • Police v Emerali
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16
Q

‘Offers to administer’ Ingredient

A
  • definition of offers
  • Definition of administer
  • proving guilty knowledge
  • R v Strawbridge
  • definition usable amount
  • Police v Emerali
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17
Q

‘Otherwise deals in’ Ingredient

A
  • Definition of “Otherwise deals in”:
    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 at
  • proving guilty knowledge
  • R v Strawbridge
  • definition usable amount
  • Police v Emerali
18
Q

‘Class A controlled drug’ Ingredient

A
  • definition of a class A

– Definition of a controlled drugs

19
Q

‘Class B controlled drug’ Ingredient

A
  • definition of a class B

– Definition of a controlled drugs

20
Q

‘To any person’ Ingredient

A
  • definition of person
21
Q

Supply/administer/offers to supply/offers to administer class C controlled drugs to person under 18 years of age – act, section, penalty

A

MODA75, s 6(1)(d), 8 years imprisonment

22
Q

Supply/administer/offers to supply/offers to administer class C controlled drugs to person under 18 years of age - ingredients

A
  • supplies OR administers OR Offers to supply OR offers to administer OR Otherwise deals in
  • class C controlled drug

– To any person under the
age of 18 years old

23
Q

‘Supplies’ Ingredient

A
  • definition of supply
  • R v Maginnis
  • proving guilty knowledge
  • R v Strawbridge
  • definition usable amount
  • Police v Emerali
24
Q

‘Administers’ Ingredient

A
  • definition of administers
  • proving guilty knowledge
  • R v Strawbridge
  • definition usable amount
  • Police v Emerali
25
'Offers to supply' Ingredient
- definition of offers - R v During - R v Brown - definition of supply - proving guilty knowledge - R v Strawbridge - definition usable amount - Police v Emerali
26
'Offers to administer' Ingredient
- definition of offers - Definition of administer - proving guilty knowledge - R v Strawbridge - definition usable amount - Police v Emerali
27
'Otherwise deals in' Ingredient
- Definition of Otherwise deals in - proving guilty knowledge - R v Strawbridge - definition usable amount - Police v Emerali
28
'Class C controlled drug' Ingredient
- definition of a class C – Definition of a controlled drugs
29
'To any person under the age of 18 years old' Ingredient
- definition of person - R v Forrest and Forrest - 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
30
Sells or offers to sell class C controlled drug to person of or over 18 years of age – act section, penalty
MODA75, s 6(1)(e), 8 years imprisonment
31
Sells or offers to sell class C controlled drug to person of or over 18 years of age – ingredients
- sells OR offers to sell - class C controlled drug – To any person of all over the age of 18 years old
32
'Sells' Ingredient
- definition of sell – Definition of dealing with controlled drugs - proving guilty knowledge - R v Strawbridge - definition usable amount - Police v Emerali
33
'Offers to sell' Ingredient
- Definition of offers – definition of offers to sell - proving guilty knowledge - R v Strawbridge - definition usable amount - Police v Emerali
34
'Class C controlled drug' Ingredient
- definition of a class C – Definition of a controlled drugs
35
'To any person of all over the age of 18 years old' Ingredient
- definition of person - R v Forrest and Forrest - 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
36
Possess a controlled drug for supply/administer/sell/offer - act, section, penalty
MODA 75, s 6(1)(f), class A life imprisonment, class B 14 years, class C 8 years
37
Possess a controlled drug for supply/administer/sell/offer - ingredients
- has in his possession – Any controlled drug – For any of the purpose is set out in paragraph's (c), (d) or (e)
38
'Has in his possession' Ingredient
- R v Cox - definition of actual possession OR definition of potential possession - section 2(2) MODA75
39
'Any controlled drug' Ingredient
– Definition of controlled drug
40
'For any of the purpose is set out in paragraph's (c), (d) or (e)' Ingredient
- 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 s 6(1)(c) OR Supply or administer, or offer to supply or administer, any class C controlled drug to a person under 18 years of age s 6(1)(d) OR Sell, or offer to sell, any class C controlled drug to a person of or over 18 years of age s 6(1)(e) - proving guilty knowledge - R v Strawbridge - definition usable amount - Police v Emerali – presumption for dealing with controlled drug definition

CIB 011 (16 decks)

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