Case Law Flashcards
R v Strawbridge
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 will be presumed on her part. But if there is some evidence to suggest that the accused honestly believed on reasonable ground that her act was innocent then she is entitled to be acquitted unless the jury is satisfied beyond reasonable doubt that this is not so.
R v During
An offer is an intimation by a person charged to another that he is ready on request to supply that other with drugs of a kind prohibited by the statute
R V Brown
An offender is guilty in the following instances:
- An offer to supply a drug that he has on hand
- An offer to supply a drug that will be procured at some future date
- An offer 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 Donald
“[Supply includes] the distribution of … jointly owned property amongst its co-owners …”
R v Knox
giving includes giving back
Saxton v Police
To import includes, to introduce from abroad or to cause to be brought in from a foreign country
R v Hancox
The bringing in of goods to the country or causing them to brought into the country does not cease as the vessel or aircraft enter into New Zealand territorial limits. Importing into New Zealand for the purposes of section 6 (1) (a) is a process.
The elements of importing exists from the time the goods arrive into New Zealand until they have reached their immediate destination. i.e when the goods ceased to be under the control of the appropriate authorities and are made available to the consignee or addressee
Police v Emerali
As in any drug offence the quantity of the drug involved must be measurable and usable.
R v Rua
The words produce and manufacture in section 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 fro the purposes for which he desires.
R v Forest and Forest
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age.
Warner v metropolitan police commissioner
The term possession must be given a sensible and reasonable meaning in its context ideally a possessor of a thing will have complete physical custody of it and knowledge of its existence situation and qualities.
Sullivan v Earl of Caithness
Possession includes not merely those who have physical custody of firearms but includes also those who have the firearms under their control at their behest even though for one reason or another they may be kept at another location.
R V McGinty
Disclosure of the identity of the alleged information was not required under the act and the trial judge was correct in deleting from the application certain parts that would have been likely to lead to the identification of the informants. However the trial judge is entitled to insist on disclosure if he saw fit.
