Drugs

Question 1

Imports

Answer 1

S2 Customs and Excise Act 1996
(a) in relation to any goods means the arrival of the goods in New Zealand, in any manner, from a point outside New Zealand

Question 2

Case law that relates to Imports

Answer 2

Saxton v Police
R v Hancox
R v Strawbridge

Question 3

Saxton v Police

Answer 3

To import includes to introduce from abroad or to cause to be brought in from a foreign country

Question 4

R v Hancox

Answer 4

The element of importing exists from the time the goods enter New Zealand until they reach their immediate destination. ie when they have ceased to be under the control of the appropriate authorities and have become available to the consignee or addressee.

Question 5

Exports

Answer 5

S53 Customs and Excise Act 1996
For the purpose of this act, the time of exportation is the time when the exporting craft leaves the last customs place at which the craft calls immediately before proceeding to a point outside new zealand

Question 6

Import/export guilty knowledge

Answer 6

Must prove guilty knowledge which will include tht the defendant

• knew about the import/export and
• knew the import/export substance was a controlled drug and
• intended to cause the import/export

Question 7

Case law relating to importing/exporting

Answer 7

R v Strawbridge
It is not necessary for the crown to establish knowledge on the part of the accused. IN the absence of evidence to the contrary knowledge on her part will be presumed, but if there is some evidence to suggested that the accused 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 8

Case law relating to usable amount

Answer 8

Police v Emerali
In any drug offence the quantity of drug involved must be measurable and useable.
The seriousness offence of possessing a narcotic does not extend to some minute and useless residue of the substance.

Question 9

Controlled drug

Answer 9

S2 MODA 1975
Means any substance, preparation or mixture or article specified or described in schedule 1, 2 and 3 of this act and includes any controlled drug analogue

Question 10

Produce

Answer 10

means to bring something into being or to bring something into existence from its raw materials or elements

Question 11

Manufacture

Answer 11

is the process of synthesis, combining components or processing raw materials to create a new substance

Question 12

Case law related to produce/manufacture

Answer 12

R v Rua
The words produce and manufacture in relation to S6(1)(b) broadly cover the creation of controlled drugs by some form of process which changes the original substance into a particular controlled drug

Question 13

Complete

Answer 13

offence is competed as soon as the prohibited substance is created whether or not in a usable form

Question 14

Guilty knowledge production/manufacture

Answer 14

Must prove guilty knowledge which will include tht the defendant

• knew about the production/manufacture and
• knew the production/manufacture was a controlled drug and
• intended to cause the production/manufacture

Question 15

Supply

Answer 15

S2 MODA 1975

includes to distribute, give or sell

Question 16

Case law related to supply

Answer 16

R v Maginnis
supply involves more than the mere transfer of physical control, it includes enabling the recipient t apply the thing to what ever purpose he desires

Question 17

Administers

Answer 17

Blacks Law dictionary

In the context of drug dealing means to direct or cause a drug to be taken into another persons system

Question 18

Offers

Answer 18

Oxford Dictionary

Express readiness to do something for or on behalf of someone

Question 19

Case law relating to offers

Answer 19

R v During

R v Brown

Question 20

R v During

Answer 20

An offer is an intimation by the person charged to another person that he is ready on request to supply the other person drugs which are prohibited

Question 21

R v Brown

Answer 21

Offers to supply a drug

• he has on had
• he will get at a future date
• he mistakenly believes he can supply
• deceitfully knowing he will not supply the drug

Question 22

Guilty knowledge supply/administer/offer

Answer 22

Must prove guilty knowledge which will include tht the defendant

• knew about the supply/administer/offer and
• knew the supply/administer/offer was a controlled drug and
• intended to cause the supply/administer/offer

Question 23

Class A controlled drug

Answer 23

S2 MODA 1975

Any substance, preparation, article or mixture specified or described in schedule 1 of this act

Question 24

Class B controlled drug

Answer 24

S2 MODA 1975

Any substance, preparation, article or mixture specified or described in schedule 2 of this act

Question 25

Class C controlled drug

Answer 25

S2 MODA 1975 Any substance, preparation, article or mixture specified or described in schedule 3 of this act and includes any controlled drug analogue

Question 26

Case law relates to proving age

Answer 26

R v Forrest and Forrest The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age in practice this generally involves producing the victims birth certificate in conjunction with independent evidence that the victim is the one named in the birth certificate.

Question 27

sell

Answer 27

A sale occurs when a quantity or share in a drug is exchanged for some valuable consideration which is generally money but anything of value will suffice.

Question 28

dealing with controlled drugs

Answer 28

S6(5) for the purpose of S6(1)(e) if a person is proven to have supplied another person it will be deemed that they have sold tha controlled drug until proven otherwise

Question 29

Proof of offers to sell

Answer 29

- communication of an offer to sell a controlled drug | - an intention that the other person believes the offer is genuine

Question 30

Must prove guilty knowledge of sale/offer

Answer 30

Must prove guilty knowledge which will include tht the defendant - knew about the sale/offer and - knew the sale/offer substance was a controlled drug and - intended to cause the sale/offer

Question 31

Possession

Answer 31

may be actual or potential

Question 32

Case law relating to possession

Answer 32

R v Cox Possession has two elements, the first being the physical element which is the actual or potential custody or control and the second element being the mental element which is the knowledge in the sense of an awareness the substance is in their possession and an intention to exercise possession of the substance

Question 33

Actual possession

Answer 33

The person actually has the drug in their custody or control

Question 34

potential possession

Answer 34

is when the person has the potential to have the thing in their custody or control S2(2) MODA 1975 For the purpose of this act the things which a person has in his possession include anything subject to his control which is in the custody of another person

Question 35

Dealing with controlled drug, presumption

Answer 35

For the purpose of S6(1)(f) a person is presumed to to be in possession of a controlled drug for the purpose of subsections 1(c)(d) and (e) until proven other wise if they are in possession of the controlled drug in an amount level or qunatity at or over that of which is deemed to be the amount for supply of that controlled drug.

Question 36

Example of Class A controlled drug

Answer 36

Cocaine Methamphetamine Heroin

Question 37

Example of Class B controlled drug

Answer 37

Morphine Cannabis Oil Opium

Question 38

Example of Class C controlled drug

Answer 38

Cannabis plant Cannabis seed Codeine