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Flashcards in Drug Offences Deck (65)
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1

Import/Export
- Liablity

S6(1)(a) MODA75

- Import into or export from New Zealand
- any controlled drug, other than a controlled drug specified or described in Part 6 of Schedule 3 to this Act

2

Produce/Manufacture
- Liabiltiy

S6(1)(b) MODA75

- Produce or manufacture
- any controlled drug

3

Supply/Administer Class A or B
- Liability

S6(1)(c) MODA75

- Supply or administer, or offer to supply or administer, or otherwise deal in
- any Class A controlled drug or Class B controlled drug
- to any other person

4

Supply/Administer Class C
- Liability

S6(1)(d) MODA75

- Supply or administer, or offer to supply or administer
- any Class C controlled drug
- to a person under 18 years of age

5

Sell/Offer to Sell Class C
- Liability

S6(1)(e) MODA75

- Sell, or offer to sell
- any Class C controlled drug
- to a person of or over 18 years of age

6

Possession of controlled drug
- Liability

S6(1)(f) MODA75

- Have any controlled drug in his possession
- for any of the purposes set out in paragraphs (c), (d), or (e) of this subsection.

7

Class A Drug offending
- Sec 6 penalty

Life Imprisonment

8

Class B Drug offending
- Sec 6 penalty

14 years imprisonment

9

Class C Drug offending
- Sec 6 penalty

8 years imprisonment

10

Conspire with any other person to commit Drug Dealing offences - penalties

Class A - 14 years
Class B - 10 years
"Any other case (Class C) - 7 years

11

Import - definition

Customs and Excise Act 1996
s2 Interpretation

(a) in relation to any goods, means the arrival of the goods in New Zealand in any manner, whether lawfully or unlawfully, from a point outside New Zealand …

12

Saxton v Police

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

13

R v Hancox (full version)

“… the bringing of goods into the country or causing them to be brought into the country does not cease as the aircraft or vessel enters New Zealand’s territorial limits. Importing into New Zealand for the purposes of s 6(1)(a) is a process. 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”.

14

Importing proof

The Crown must prove not only that the defendant’s conduct in some way contributed to the actual importation of the drug, it must also prove the defendant’s guilty knowledge.

This will involve proof that the defendant:

- knew about the importation, and
- knew the imported substance was a controlled drug, and
- intended to cause the importation

15

Wilful blindness

In terms of proving guilty knowledge, proof that the defendant deliberately turned a blind eye to the facts will suffice.

16

Time of Exportation - definition

Sec 53 Customs and 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.

17

Any Controlled drug

Sec 2, Misuse of Drugs Act 1975

Controlled drug means any substance, preparation, mixture, or article specified or described in Schedule 1, Schedule 2, or Schedule 3 to this Act ; and includes any controlled drug analogue

18

Controlled drug analogue

Sec 2, Misuse of Drugs Act 1975

Controlled drug analogue means any substance, such as the substances specified or described in Part 7 of Schedule 3 to this Act, that has a structure substantially similar to that of any controlled drug; but does not include—
(a) Any substance specified or described in Schedule 1 or Schedule 2 or Parts 1 to 6 of Schedule 3 to this Act ; or
(b) Any pharmacy-only medicine or prescription medicine or restricted medicine within the meaning of the Medicines Act 1981; or
(c) an approved product within the meaning of the Psychoactive Substances Act 2013

19

Class A controlled drugs - def

Sec 2 Misuse of Drugs Act 1975

Class A controlled drug means the controlled drugs specified or described in Schedule 1 to this Act

20

Class A controlled drugs - examples

Class A controlled drugs are classified as such as their misuse poses a very high risk of harm to individuals and to society.

Some of the more well-known Class A controlled drugs include:

− Cocaine
− Heroin
− Lysergide (LSD)
− Methamphetamine
− Psilocybine (found in magic mushrooms)

21

Class B controlled drugs - def

Sec 2, Misuse of Drugs Act 1975

Class B controlled drug means the controlled drugs specified or described in Schedule 2 to this Act

22

Class B controlled drugs - examples

Class B controlled drugs are those that pose a high risk of harm and include:
− Amphetamine
− Cannabis preparations (such as cannabis oil and hashish)
− GHB (Fantasy)
− MDMA (Ecstasy)
− Morphine
− Opium
− Pseudoephedrine

23

Class C controlled drugs - def

Sec 2 Misuse of Drugs Act 1975

Class C controlled drug means the controlled drugs specified or described in Schedule 3 to this Act ; and includes any controlled drug analogue

24

Class C controlled drugs - examples

Class C controlled drugs pose a moderate risk of harm and include:
− Cannabis plant
− Cannabis seeds
− Benzylpiperazine (BZP)
− Controlled drug analogues

25

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 that 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.

26

Mistake as to nature of controlled drug

While guilty knowledge is an essential element, section 29 provides that it is not a defence that the defendant did not know the substance in question was the particular controlled drug alleged.

For example, it would not be a defence to a charge of supplying heroin if the defendant believed the drug he had supplied was in fact cocaine.

27

Police v Emerali

“…the serious offence of … possessing a narcotic does not extend to some minute and useless residue of the substance”.

28

R v Rua

The words “produce” or “manufacture” in s 6(1)(b) broadly cover the creation of controlled drugs by some form of process which changes the original substances into a particular controlled drug.

29

Producing

To “produce” means to bring something into being, or to bring something into existence from its raw materials or elements.
The term is further defined in legislation as including “compound”.

Sec 2 Misuse of Drugs Act 1975
Produce includes compound; and production has a corresponding meaning

30

Manufacturing

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

Common examples include manufacturing methamphetamine from pseudoephedrine, or manufacturing heroin from morphine.