Liabilities - Definitions Flashcards
Importation
In relation to any goods, means the arrival of goods in New Zealand in any manner, whether lawfully or unlawfully, from a point outside New Zealand.
New Zealand
Means the land and the waters enclosed by the outer limits of the territorial sea of NZ, of which is 12 nautical miles from the land mass of NZ.
Importation - Mens Rea
PMP that the defendant:
- knew about the importation, AND
- knew the imported substance was a CD, AND
- Intended to cause the importation
Controlled Drug
Means any substance, preparation, article, or mixture specified or described in schedule 1, 2, or 3 of MODA75, and includes any drug analogue.
Usable quantity
In any drug offence the quantity of the drug involved must be measurable and useable.
Produce
Means to bring something into being, or to bring something into existence from its raw materials or elements. Includes compounding, which means to create a whole by mixing or combining two or more elements or parts.
Manufacture
The process of synthesis; combining components or processing raw materials to create a new substance.
Offence Complete - Produce/Manufactures
Once the prohibited substance is created, whether or not it is in a usable form.
Supply
To furnish or provide something that is needed or desired. Includes to distribute, give, or sell.
Administer
Is to direct and cause a drug to be taken into the system of another person.
Offers
Is to express readiness to do something for or on the behalf of someone.
Otherwise deals in
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 it.
Drug classes
A: Means the CD specified or described in Schedule 1 to this act.
B: Means the CD specified or described in Schedule 2 to this act.
C: Means the CD specified or described in Schedule 3 to this act; and includes any CD analogue.
Distribute
Relates to the supply of drugs to multiple people. Distribution is complete when the defendant has done all that is necessary to accomplish delivery of the drug to others.
Giving
Involves handing over or in some other way transferring an item to another person. The act of giving is complete when the recipient accepts possession, or where the drug is placed under the control of a willing recipient.
Does not have to be actively giving someone drugs - it can be the passive act of giving someone permission to help themselves to drugs.
Selling
A sale occurs when a quantity or share in a drug is exchanged for some valuable consideration. VC can be anything of value and does not have to be money.
S6(1)(e) MODA75 - Presumption to have been sold
For the purpose of this offence, if it is proven that a person has supplied a CD to another person, they shall, until the contrary is proven, be deemed to have sold that CD to that other person.
Possession - Physical element
Requires actual or potential custody or control over the drugs.
Actual custody or control means that the person actually has the drug in their custody or control.
Potential custody or control includes anything that is subject to the person’s control which is in the custody of another.
Control means to exercise dominating or authoritative influence or command over something.
Possession - Mental element
The mental element requires a combination of knowledge and intention.
Knowledge requires that the defendant had knowledge in the sense of an awareness that the substance is in their possession, and that what was in their possession was a CD, although they do not need to know the drug’s exact nature.
Intention requires that the defendant must have intended to exercise possession.
S6(1)(f) MODA75 - Required intent for possession
It must be established that the defendant:
- Knows that they have the substance
- Knows the substance’s nature or qualities
- Intend to use the substance in a way that allows you to charge them with possession
S6(1)(f) MODA75 - Purposes set out in paragraphs (c), (d), or (e)
The intention on the part of the defendant must be to supply a CD to others in the ways specified in paragraphs (c), (d), or (e).
S6(1)(f) MODA75 - What must be proved?
The defendant had:
- Knowledge that the drug exists
- Knowledge that it is a CD
- Actual physical control or some degree of control over it
- An intention to possess it
