Case Law

Question 1

Saxton v Police

Answer 1

To import includes “to introduce from abroad or to caused to be brought in from a foreign country”.

Question 2

R v Hancox

Answer 2

“… the bringing of goods into the country or causing them to be brought into the country does not cease as the aircraft or vessel enters New Zealand’s territorial limits. Importing into New Zealand for the purposes of s 6(1)(a) is a process. The element of importing exists from the time the goods enter New Zealand 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”.

Question 3

R v Strawbridge

Answer 3

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.

Question 4

Police v Emirali

Answer 4

“…the serious offence of … possessing a narcotic does not extend to some minute and useless residue of the substance”.

Question 5

R v Rua

Answer 5

The words “produce” or “manufacture” in s 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.

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

(Guilty instances)

Answer 8

The defendant is guilty in the following instances:

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 he will not supply that drug

Question 9

R v Brown

(Genuine offer)

Answer 9

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

Question 10

R v Cox

Answer 10

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.

Question 11

R v McGinty

(Investigation)

Answer 11

The evidence in the present case of continued heroin dealing, in respect of which the orthodox techniques such as searching premises and following vehicles 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.

Question 12

R V McGinty

(Disclosure)

Answer 12

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.

Question 13

R v Forrest and Forrest

Answer 13

“The best evidence possible in the circumstances should be adduced by the prosecution in proof of [the victim’s] age”.