Case Law. Flashcards
Discuss R v Forrest and Forrest. (Person Under 18)
“The best evidence possible in the circumstances should be adduced by the prosecution in proof of [the victim’s] age.”
Discuss Saxton v Police. (Import)
To import includes “to introduce or bring in from abroad or to cause to be brought in from a foreign country”.
Discuss R v Hancox (Import)
“Importation“ involves active conduct. It does not cease as the aircraft or vessel enters New Zealand territorial limits. The process of importation exists from the time the goods enter New Zealand until they reach their immediate destination or have ceased to be under the control of the appropriate authorities and have become available to the
consignee or addressee”.
Discuss R v Strawbridge (Guilty Knowledge)
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 on reasonable grounds that her act was innocent, then she is entitled to be acquitted unless the jury is satisfied beyond reasonable doubt that this was not so.
Discuss Police v Emerali. (Useable Quantity)
Possession does not extend to some minute and useless residue of the substance. Needs to be a useable quantity.
Discuss R v Rua. (Produce/Manufacture)
Produce or Manufacture covers the creation of a CD by a process changing the original substances into a particular CD.
It is completed when the substance is created, whether or not its useable.
Discuss R v During. (Offer)
An offer is an intimation by a person who is ready on request to supply drugs.
Discuss R v Brown. (Offer to Supply)
offering to supply a controlled drug can arise in a variety of ways including where the defendant:
- offers to supply a drug that he has on hand
- offers 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 he will not supply that drug.
The offence of supply exists when the offer is made with the intention that it is to be understood as genuine.
Discuss R v Strawbridge short version. (Guilty Knowledge)
Knowledge will be presumed unless there is evidence to the contrary.
Discuss R v Maginnis. (Supply)
“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 …”
Discuss R v Cox (Possession)
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: knowledge in the sense of an awareness by the accused that the substance is in his possession; and an intention to exercise possession.
Discuss R v Collister. (Intent)
Intent may be inferred by:
- the offender’s actions and words before, during and after the event
- the surrounding circumstances
- the nature of the act itself
