0. Caselaw Flashcards
Saxton v Police [1981] 2 NZLR 186 (CA)
To import includes “to introduce from abroad or to cause to be brought in from a foreign country”.
R v Hancox [1989] 3 NZLR 60 (CA)
The element of importing exists from the time the goods arrive in New Zealand until they reach their immediate destination.
R v Strawbridge [1970] NZLR 909
Knowledge will be presumed if there is no evidence to the contrary. The accused need to prove they acted innocently and had no knowledge to be acquitted.
Police v Emirali [1976] 2 NZLR 476
Possession doesn’t extend to some minute or useless residue. “the quantity of the drug involved must be measurable and usable.
R v Rua [2008] NZCA 38
The words “produce” or “manufacture” broadly cover the creation of controlled drugs by some form of process which changes the original substances into a particular controlled drug.
R v Maginnis [1987] 1 All ER 907
“[Supply involves] more than the mere transfer of physical control … [it includes] enabling the recipient to apply the thing … to purposes for which he desires …”
R v During [1973] 1 NZLR 366 (CA)
“[An offer is] an intimation by the person charged to another that he is ready on request to supply to that other drugs of a kind prohibited by the statute”.
R v Brown [1978] 2 NZLR 174 (CA)
The defendant is guilty in the following instances:
(1) offers to supply a drug that he has on hand
(2) offers to supply a drug that will be procured at some future date
(3) offers to supply a drug that he mistakenly believes he can supply
(4) offers to supply a drug deceitfully, knowing he will not supply that drug
R v Brown [1978] 2 NZLR 174 (CA)
“… the making of such an intimation, with the intention that it should be understood as a genuine offer, is an offence”.
R v Forrest and Forrest [1970] NZLR 545 (CA)
“The best evidence possible in the circumstances should be adduced by the prosecution in proof of [the victim’s] age”.
R v Cox [1990] 2 NZLR 275
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.
R v McGinty [1983] NZLR 524 (CA)
The evidence in the present case of continued heroin dealing, in respect of which the orthodox techniques such as searching premises and following vehicles had been tried without success, was sufficient.
A Judge was not required to refuse a warrant because the Police had not exhausted every conceivable alternative technique of investigation.
R v McGinty [1983] NZLR 524 (CA)
Disclosure of the identity of alleged informants was not required under the Act, and the trial Judge was correct in deleting from the application certain parts which would have been likely to lead to the identification of informants. However, the trial Judge was entitled to insist on disclosure if he saw fit.
