Possession a controlled drug for supply/administer/sell/offer Flashcards Preview

CIB Induction - Auckland 2017 > Possession a controlled drug for supply/administer/sell/offer > Flashcards

Flashcards in Possession a controlled drug for supply/administer/sell/offer Deck (15)
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1
Q

Possession a controlled drug for supply/administer/sell/offer

A

Section 6 (1) (f) Misuse of Drugs Act 1975

2
Q

Penalty

A

Life/14 years/8 years

3
Q

Elements

A
  1. Has in his possession
  2. Any Controlled Drug
  3. For any of the purposes set out in Paras (c) (d) or (e)
4
Q

Possession - R v Cox

A

possession involves two elements. The first, the physical element, is actual or potential physical custody or control. The second, the mental element, is a combination of knowledge and intention: knowledge in the sense of an awareness by the accused that the substance is in his possession; and an intention to exercise possession.

5
Q

Actual Possession

A

Means that the person actually has the drug in their custody or control

6
Q

Potential Possession

A

Potential possession arises when the person has the potential to have the thing in question in their control

7
Q

Has in his/her possession

A
For the purposes of this Act, the things which a person has in his possession include any thing subject to his control which is in the custody of another. 
Sec 2 (2) MODA 1975
8
Q

Any controlled drug

A

Means any substance, preparation, mixture or article specified or described in Schedule 1, Schedule 2, or Schedule 3 of this Act and includes any controlled drug analogue.
Section 2, Misuse of Drugs Act 1975

9
Q

6 (1) (c)

A
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. 
Sec 6 (1) (c) MODA 1975.
10
Q

6 (1) (d)

A

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

11
Q

6 (1) (e)

A

Supply or administer or offer to supply or administer any Class C controlled drug to a person of or over 18 years of age.

12
Q

Must prove guilty knowledge

A

This will involve proof that the defendant:

  • knew about the possession;
  • knew the possessed substance was a controlled drug;
  • and intended to carry out either (c) (d) or (e)
13
Q

Police v Emerali

A

The quantity of drug involved must be measurable and usable.
“the serious offence of … possessing a narcotic does not extend to some minute and useless residue of the substance”

14
Q

R v Strawbridge

A

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.

15
Q

Presumption

A
For the purposes of subsection (1) (f), a person is presumed until the contrary is proved to be in possession of a controlled drug for any of the purposes in subsection (1) (c), (d) or (e) if he or she is in possession of the controlled drug in an amount, level, or quantity at or over which the controlled drug is presumed to be for supply (see S2(1A)).
Sec 6 (6) MODA 1975

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