Case Law

Question 1

R v Emerali

Answer 1

In any drug offence

• the quantity of drug involved must be
• Measureable & Useable

Question 2

Saxton v Police

Answer 2

To import includes

• to introduce from abroad; or
• to cause to be brought in from a foreign country

Question 3

R v Hancox

Answer 3

Importation starts when the goods enter NZ & is an ongoing process.
It ends when the goods become available to the consignee.

Question 4

R v Strawbridge

Answer 4

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 are satisfied beyond reasonable doubt that this was not so

Question 5

R v Rua

Answer 5

The words “Produce” or “Manufacture” broadly cover the creation of controlled drugs by some form of process which changes the original substances into a particular controlled drug

Question 6

R v Maginnis

Answer 6

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

Question 7

R v During

Answer 7

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

Question 8

R v Brown

Answer 8

The making of such an intimation, with the intention that it should be understood as a genuine offer, is an offence

Question 9

R v Brown

The defendant is guilty in the following instances

Answer 9

1. offers to supply a drug - that he has on hand
2. offers to supply a drug - that will be procured at some future date
3. offers to supply a drug - that he mistakenly believes he can supply
4. offers to supply a drug - deceitfully knowing that he will not supply that drug

Question 10

R v Forrest and Forrest

Answer 10

The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victim’s age

Question 11

Warner v Metropolitan Police Commissioner

Answer 11

Ideally a possessor of a thing has

• complete physical control over it
• knowledge of its existence, its situation & its qualities

Question 12

Sullivan v Earl of Caithness

Answer 12

Possession includes not merely those who have physical custody of firearms, but also those who have firearms under their control, at their behest, even though for one reason or another, they may be kept at another location.

Question 13

Black’s Law Dictionary

Administer

Answer 13

To direct & cause a drug to be taken into the system of another person