Case Law Flashcards
Saxton V Police
Import includes “to introduce or bring in from abroad or to cause to be brought in from a foreign country”.
R V Strawbridge
It is not necessary for the crown to establish knowledge (that the drug is illegal) on the part of the accused. In the absence of evidence to the contrary knowledge on their part will be presumed.
Police V Emerali
The serious offence of possessing a narcotic does not extend to some minute and useless residue of the substance.
R V Rua
The word produce or or manufacture broadly cover the creation of controlled drugs by some form of process which changes the original substance into a particular controlled drug.
R V Donald
Supply includes the distribution of jointly owned property between its co-owners.
R v Knox
A person who is in unlawful possession of a controlled drug, which has been deposited for safekeeping, has the intent to supply that drug to another of his intention is to return the drug to the person who deposited it with him.
R V Wildbore
A passive custodian who relinquished custody of a drug to meet the needs of another, has the necessary intent for supply.
R v During
An offer is an intimation by the person charged to another that he is ready on request to supply the other drugs of a kind prohibited by the state.
R V Brown
Offering to supply a controlled drug can include:
- offer to supply a drug that he has on hand.
- offer to supply a drug that will be procured at some future date.
- offers to supply a drug that he mistakenly believes he can supply.
- offers to supply a drug deceitfully, knowing that he will not supply that drug.
R V Hancox
Importation means the introduction or bringing in from abroad or cause to be brought in from abroad. It is an active conduct and does not cease as the aircraft or vessel enters NZ.
Cameron V R
Recklessness is established if:
- the defendant recognised there was a real possibility his actions would bring about the proscribed result.
- the proscribed circumstances existed.
Having regard to that risk those actions were unreasonable.
R V Forest & Forest
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age.
R V Collister
Intent can be inferred by:
- the words and actions of the offender before, during and after the event.
- the surrounding circumstances.
- the nature of the action itself
R V Cox
Possession involves two elements:
- actual or potential physical custody or control of the item.
- knowledge that the item is in their possession and the intention to exercise possession.
R v Maginnis
Supply involves more than a mere transfer of physical control it includes embarking the recipient to apply the thing to purposes for which he desires.
