Case law Flashcards
SAXTON v POLICE
To import includes “to introduce from abroad or to cause to be brought in from a foreign country”
R v HANCOX
The element of importing exists from the time the goods enter NZ until they reach their destination.
R v STRAWBRIDGE
It is not necessary for the Crown to establish knowledge. In the absence of evidence guilty knowledge is presumed.
If the accused honestly believes on reasonable grounds that she is innocent then she is entitled to be acquitted unless the jury is satisfied beyond reasonable doubt that this is not so.
POLICE v EMIRALI
Possessing a narcotic does not extend to some minute and useless residue of the substance (useable quantity).
R v RUA
Produce or manufacture covers the process which changes the original substances into a particular controlled drug.
R V MAGINNIS
Supply involves more than the mere transfer of physical control. It enables the recipient to apply the thing to purpose.
R v DURING
An offer is an indication by the person charged to another that he is ready on request to supply that person drugs.
R v BROWN
The defendant is guilty in the following:
1. Offers to supply a drug he has on hand.
2. Offers to supply a drug that will be produced at a future date.
3. Offers to supply a drug he mistakenly believes he can supply.
4. Offers to supply a drug deceitfully, knowing he will not supply it.
R v BROWN (genuine offer)
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
The best evidence should be produced in proving the victims age.
(The victims birth certificate, evidence produced by the victims mother)
R v COX
Possession involves two elements, mental and physical.
An awareness that the substance is in his possession and an intention to exercise possession.
R v COLLISTER
Intent inferred by the circumstance.
The defendants actions or words before during and after the event, the surrounding circumstances and the nature of the act itself
