Case Law Flashcards
Case law relating to usable quantity
Police v Emerali
The serious offence of possessing a narcotic does not extend to come minute and useless residue of the substance
Case law relating to proof of possession
R v Cox
Possession involves two elements, the first being the physical element which involves the actual or potential physical custody or control and the second is the mental element which is the knowledge in the sense of awareness that the substance is in their possession and an intention to exercise possession.
Case law for proof of age
R v Forrest and Forrest
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age.
Case law relating to Importing
Saxton v Police
To import includes to introduce from abroad or to cause to be brought in from a foreign country.
Case law relating to producing and manufacturing
R v Rua
The words produce or manufacture in S6(1)(b) broadly cover the creation of controlled drugs by some form of process which changes the original substance into a particular controlled drug
Case law relating to supply
R v Maginnis
Supply involves more than the mere transfer of physical control it includes enabling the recipient to apply the thing to purposes for which they desire
Case law relating to guilty knowledge
R v Strawbridge
It is not necessary for the crown to establish knowledge on the part of the accused and in the absence of evidence to the contrary knowledge will be presumed. But if there is some evidence to suggest that the accused believed on reasonable grounds that their act was innocent then they are entitled to be acquitted unless the jury is satisfied beyond reasonable doubt that this was not so.
Case law relating to alternative investigation techniques
R v McGinty
The evidence in the present case of continued heroin dealing, in respect of which orthodox techniques had been tried without success, was sufficient. A judge was not required to refuse a warrant because the Police had not exhausted every conceivable alternative technique of investigation.
Case law relating to offering to supply or administer (what it is)
R v During
An offer is an intimation by the person charged to another that they are ready on request to supply to that other person a prohibited drug
Case law relating to the importing process
R v Hancox
The bringing or causing of goods to be brought into the country does not cease as the aircraft or vessel enters NZs territorial limits. Importing into NZ for the purpose of S6(1)(a) is a process and the element of improting exists from the time the goods enter NZ until they reach their immediate destination, ie when they have ceased to be under the control of the appropriate authorities and have become available to the consignee or addressee.
Case law relating to offering to supply or administer (when they are guilty)
R v Brown
The defendant is guilty when they offer to supply a drug
- that he has on hand
- that will be procured at some future date
- he mistakenly believes he can supply
- deceitfully where they know will not supply that drug
Caselaw relating to the protection of CHIS identity and information
R v McGinty
Disclosure of the identity of alleged informants was not required under the act, and the trial judge was correct in deleting from the application certain parts which would have been likely to lead to the identification of informants. However, the trial judge was entitled to insist on disclosure if he saw fit.
Case law relating to offering to supply or administer (when it is an offence)
R v Brown
The making of such an intimation, with the intention that it should be understood as a genuine offer, is an offence.
