Case Law Flashcards
Saxton v Police (1981)
To import includes “to introduce or bring in from abroad or to cause to be brought in from a foreign country”.
R v Hancox (1989)
“Importation” includes active conduct. It doesn’t cease as the aircraft, vessel enters NZ. The process of importation exists from the time the goods enter NZ until they reach their immediate destination or have ceased to be under the control of the appropriate authorities and have become available to the consignee/addressee.
R v Strawbridge (1970)
Not necessary for the CROWN to establish knowledge on the part of the accused. However, if there is evidence that the accused honestly believed on Reasonable Grounds their act was innocent, then she is entitled to be acquitted unless Jury is satisfied beyond Reasonable Doubt that this was not so.
Police v Emirali (1976)
“…the serious offence of…possessing a narcotic does not extend to some minute and useless residue of the substance”.
R v Rua (2008)
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 Brown (1978)
Offering to supply a controlled drug can arise in a variety of ways including where the Defendant:
- Offers to supply Drug that he has
- Offers to supply Drug that will be procured at a later date.
- Offers to supply a Drug that he has mistakenly believes he can supply.
- Offers to supply a drug deceitfully, knowing he will not supply the drug.
R v Forest and Forest (1970)
“The best evidence possible in the circumstances should be adduced by the proseuction in proof of (the victim’s) age”.
R v Cox (1990)
Possession involves two elements. Physical element and the Mental element. Physical element is the actual/potential custody/control. Mental element is a combination of knowledge and intention. Knowledge is the sense of awareness by the accused that the substance is in his possession and the intention to exercise possession.
R v Donald (1986)
Supply including the distribution of jointly owned property between its co-owners
R v Knox (1987)
A person who is unlawful possession of a controlled drug deposited for safe keeping has an intent to supply that drug to another if his intention is to return the drug to the person who deposited it with him.
R v Wildbore (1991)
“Passive Custodian” who relinquishes custody of a drug to meet the needs of another, has then necessary intent to supply.
R v During (1973)
(An offer is) an intimation by the person charged to another that he is ready or request to supply to that other, drugs of a kind prohibited by the statue.
R v Collister (1995)
Circumstantial evidence from which an offenders intent may be inferred can include: the offenders actions and words before, during and after the event. The surrounding circumstances, the nature of the act itself.
