6 (1)(a) Flashcards
What are common methods that drug dealers import drugs into NZ?
Drugs concealed in or on their person or in their luggage
Have another person (a mule) bring the drugs in for them
Send or have drugs sent by international mail or courier
Conceal drugs inside legitimate goods I.e. shipping containers
Define imports
Importation in relation to any goods
Means the arrival of the goods in NZ in any manner
Whether lawfully or unlawfully
From a point outside NZ
CL: Saxton v police
To import includes to introduce from abroad
Or to cause to be brought in
From a foreign country
The importing process
Importation is a process that commenced at the point of origin
And continues until the drugs have reached their ultimate destination in NZ.
The process of importation continues whilst goods are in transit
And concludes when they reach their final destination and available to consignee.
*R v Hancox
CL: R v Hancox
The element of importing exists from the time the goods enter NZ until they reach their immediate destination.
I.e. when they have ceased to be under the control of the appropriate authorities and have become available to the consignee or addressee.
What is the mens rea of importing?
The conduct of the defendant
And
Proving defendants 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
What is wilful blindness in regards to proving guilty knowledge?
When proving guilty knowledge, proof that the defendant deliberately turned a blind eye to the facts will suffice.
(CL: R v Martin “Nigerians”)
Definition of New Zealand under the customs and Excise Act 2018
Means the land and the waters enclosed by the outer limits of the territorial sea of NZ.
The out limit of the territorial sea is 12 nautical miles from the land mass of NZ.
Exceptions under section 6(1)(a)
The offences of importing and exporting relate to any controlled drug irrespective of class.
However the controlled drugs listed in
Part 6 of schedule 3
Are not included under paragraph (a).
When is importation complete?
It’s irrelevant if it is available to the consignee.
The criminal liability arises when the drugs cross NZ border.
When is someone liable and when does liability cease?
Criminal liability arises as soon as the drugs cross the NZ border and an importer may be convicted under 6(1)(a)
even if the drugs are intercepted by customs and never reach addressee.
However the offence does not end at the border. The process of importation continues while goods are in transit
and only concludes when they’ve reached their final destination and available to the consignee.
