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
Not necessary for Crown to establish knowledge. Up to the defendant to prove they were innocent. In the absence of evidence, knowledge will be presumed.
Police v Emirali
Possessing a narcotic does not extend to some minute and usless residue of the substance.
R v Rua
The words ‘Producing’ and ‘Manufacture’ in 6(1)(b) broadly cover the creation of controlled drugs by some form of 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 During
An offer is an intimation by the person charged, that he is ready on request to supply.
Supply any drug of a kind prohibited by the statute.
R v Brown
Guilty of ….. in the following instances:
Offers to supply a drug that he has on hand.
Offers to supply a drug that will be produced at some future date.
Offers to supply a drug that he mistakenly believes he can supply.
Offers to supply a drug deceitfully, knowing he will not supply that drug.
R v Forrest and Forrest
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age.
R v Cox
Possession involves two elements.
The first, the physical element, is actual or potential physical custody or control.
The second, the mental element, is a combination of knowledge and intention.
Knowing in the sense of an awareness by the accused that the substance is in his possession, and an intention to exercise possession.
R v McGinty (Warrant)
A judge is not required to refuse to issue a warrant merely because Police have not exhausted every conceivable investigation technique.
R v Brown
Offering to supply
The making of such an intimation, with the intention that it should be understood as a genuine offer, is an offence.
R v Collister
Circumstantial evidence from which an offenders intent can be inferred, offenders actions or words before during or after the event, surrounding circumstances, and the nature of the act itself.
R v McGinty (Informants)
Disclosure of the identity of informants was not required under the act, and the judge was correct in deleting certain parts that would have led to the ID of the informant.
R v Hancox
Importing includes time from when it reaches the country until it reaches immediate destination or ceases to be in control of authorities.
