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 Strawbridge (reverse onus)
Knowledge will be presumed if no evidence to the contrary. The accused to prove he/she acted innocently and had no knowledge to be acquitted
R v Hancox
The bringing of goods into the country or causing them to be brought into the country does not cease as the aircraft or vessel enters New Zealand’s territorial limits
Police v Emerali (Usable quantity)
Possession does not include some minute or useless residue. Usable quantity
R v Rua
The words produce or manufacture broadly covers the creation of controlled drugs by some form of process which changes the original substance into a particular controlled drug
R v Rua
The offence is complete once the prohibited substance has been created, whether or not it is in a useable form.
R v during
Ready on request to supply drug
R v Brown
Offence of supply exists when offer is made with intention that if should be understood as genuine
R v Forrest v Forrest
Best evidence possible adduced from prosecution regarding age. Eg birth certificate
R v Maginnis
More than transfer of physical control
R v Cox
Possession involves 2 elements:
Mental - custody/control
Physical - knowledge/intent
Simester and Brookbanks
Aim, object or purpose
R v Collister (intent)
The defendants actions/words before , during or after
Surrounding circumstances
And nature of the act infer intent
R v Cameron (recklessness)
Recklessness is established when
- the defendants knew his actions could bring about proscribed result
- that’s the proscribed result existed
- having regard for risk his/her actions were unjustified
