Case Law (must know) Flashcards
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 of goods into the country or causing them to be brought into the country does not cease as the aircraft or vessel enter New Zealand’s territorial limits.
Importing for the purposes of 6(1)(a) is a process.
The element of exporting exists from the time the goods enter New Zealand until they reach their immediate destination
Or when they have ceased to be under control of appropriate authorities and become available to the addressee
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 on her part will be presumed, but if there is some evidence that the accused honesty 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.
Police v Emirali
the serious offence of possessing a narcotic does not extend to some minute and useless residue of the substance
R v Rua
the words “produce” and “manufacture” in 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 the apply the thing to the purposes for which he desires
R v During
An offer is an intimation by the person charges to another that he is ready on request to supply to that other drugs of a kind prohibited by the statute
R v Brown (4 pts)
Supply or offer to supply
the defendant is guilty in the following instances:
- offer to supply a drug that he has on hand
- offer to supply a drug tat will be procured at some future date
- offers to supply a drug that he mistakenly believes he ca supply
- offers to supply a drug deceitfully, knowing he will not supply that drug
R v Brown (1 pt)
the making of such an intimation, with the intention that it should be understood as a genuine offer, is an offence
R v Forrest and Forrest
the best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age
R v Cox
Possession involves two elements. The first physical element is actual or potential physical custody or control. The second is the mental element is a combination of knowledge and intent: knowledge in the sense of an awareness by the accused that the substance is in his possession, and an intention to exercise possession.
R v McGinty
alternative investigative techniques
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.
R v McGinty
protection of CHIS identity
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
