Case Law Flashcards
Case law - Saxton v Police
To import includes:
- to introduce from abroad or
- to cause to be brought in from a foreign country
Case law - R v Hancox
- The bringing of goods into the country or causing them to be brought unto the country does not cease as the aircraft or vessel into New Zealand’s territorial limits
– Importing into New Zealand for the purposes of S6(1)(a) is a process.
– The element of importing exist from the time the goods into New Zealand until they reach their immediate destination
-ie when they have ceased to be under the control of the appropriate authorities and if become available to the consignee or address
Case law – R v Strawbridge
– It is not necessary for the crown to establish knowledge on the part of the accused.
– In the absence of evidence to the contrary knowledge on her part will be presumed
– but if there is some evidence that the accused honestly believed in reasonable grounds that her act was innocent
– She is entitled to be acquitted unless the jury is satisfied beyond reasonable doubt that this was not so
Case law – police v emirali
The serious offence of possessing a narcotic does not extend to some minute and useless residue of the substance
Case Law – R v Rua
- The words produce or manufacture inS6(1)(b)
- Broadly cover creation of controlled drugs
- by some form of process which changes the original substances
- into a particular controlled drug
Case Law - R v Maginnis
- Supply involves more than the mere transfer of physical control
- it includes enabling the recipient to apply the things to purposes for which he desires.
Case Law - R v During
- An offer is an intimation by the person charged
- to another
- that he is ready on request to supply to that other
- drugs of a kind prohibited by the statute
Case Law - R v Brown
The making of such an intimation with the intention that it should be understood as a genuine offer is an offence
Defendant is guilty in the following instances :
- Offers to supply a drug that he has on hand
– Offers to supply a drug that can be procured at some future date
– Offers to supply a drug that he mistakenly believes he can supply
– Offers to supply a deceitfully knowing that he will not supply that drug .
Case Law - R v Forrest and Forrest
- The best evidence possible in the circumstances
- should be adduced by the prosecution
- in proof of the victims age
Case Law - R v Cox
Position 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:
— knowledge in the sense of an awareness by the accused that the substance is in his possession;
— and an intention to exercise possession.
Case Law - R v Collister
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
Case Law - R v McGinty (refusing warrant)
- The evidence in the present case of continued heroine dealing and respect of which the orthodox techniques such as searching premises and following vehicles have 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.
Case Law - R v McGinty (disclosure of informants)
- Disclosure of the identity of alleged informants was not required under The act,
- and the trial judge was correct and deleting from the application certain parts which would have been likely to lead to the identification of informants.
- However, the trial judge was entitled to insist on disclosure if he saw fit.
Case Law - Simester and Brookbanks
Knowing means knowing or correctly believing. The defendant may believe something wrongly, but cannot ‘know’ something that is false
