Case Law Flashcards
R v Strawbridge
Guilty knowledge - In the absence of evidence to the contrary, knowledge on the part of the accused will be presumed.
Police v Emerali
Usable quantity - Possessing a narcotic does not extend to some minute and useless residue of the substance.
Saxton v Police
To import includes - to introduce or bring in from abroad or to cause to be brought in from a foreign country
R v Hancox
Importation is a process, it exists from the time the goods enter NZ until they reach their immediate destination . It concludes when the goods have ceased to be under the control of the appropriate authorities and have become available to the consignee or addressee.
R v During
Offering - An intimation to another that they are ready on request to supply to them, drugs of any kind prohibited by the statute.
Conveyed in any manner, words, writing or gestures.
R v Brown
Offering/intent - Making such an intimation, with the intention that it should be understood as a genuine offer, is an offence.
R v Forrest & Forrest
Proof of age - the best evidence possible of age should be adduced by the prosecution
R v Cox
Possession - Involves two elements
Physical element - actual or potential physical custody or control
Mental element - combination of knowledge and intention: knowledge of possession, knowledge it is a controlled drug and intention to exercise possession
R v Rua
“Produce” and “Manufacture” broadly cover the creation of controlled drugs by some 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 includes enabling the recipient to apply the thing to purposes for which he desires.
R v Brown
Offers to supply a drug…
- that he has on hand
- that will be procured at some future date
- that he mistakenly believes he can supply
- offers to supply a drug deceitfully, knowing he will not supply that drug
R v Collister
Circumstantial evidences from which the offenders intent may be inferred include:
- Offender actions and words before, during and after
- the surrounding circumstances
- the nature of the act itself
Simester and Brookbanks - Knowledge
Knowing means correctly believing. The defendant may believe something wrongly but cannot know something that is false.
R v McGinty
Where orthodox techniques 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 - CHIS
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, they were entitled to insist of disclosure if he saw fit
