Case Law Flashcards
Intent
R V COLLISTER
Intent can be inferred by
- Nature of the Act
- Words / Acts before during or after the
- Surrounding Circumstances
Case Law for Proof of Age
R V FORREST AND FORREST
The best evidence possible in the circumstances should be adduced by prosecution in proof of the victims age.
Case Law for Possession - COX
R V COX
Possession involves two elements:
- Physical possession, actual custody and control.
- Mental element, knowledge of possession and an intent to possess it.
Case law for recklessness
CAMERON V Recklessness is established if
- The Defendant recognised that there was a real possibility that his or her actions would bring about the proscribed result
- Having regard to that risk those actions were unreasonable
Case law for knowledge
Knowledge means knowing or correctly believing
Case law for import - Saxton
SAXTON V POLICE
To import includes to introduce from abroad or cause to be brought in from a foreign country.
Case law for Import- Hancox
R V HANCOX
Importation’ in MODA means the introduction or bringing in from abroad or causing to be brought in from abroad.
Importation involves active conduct. It does not cease as the aircraft or vessel enters NZ territory. It exists from the time the goods enter NZ until they meet their immediate destination or ceased under the control of authorities and have become available to the consignee or addressee.
Case law Wilful Blindness
R v MARTIN
The Defendant deliberately turned a blind eye to the facts will suffice.
It will suffice if beyond reasonable doubt the Defendant had their suspicion aroused as to what they were carrying but deliberately refrained from making further inquiries because they wanted to remain in ignorance.
Mens Rea for importing
Need to prove;
- Knew about the importation and
- Knew the imported substance was a controlled drug and
- Intended to cause the importation
Case law for Produce / Manufacture
