Case Law - Must Knows Flashcards
Satxon v Police
To import include to introduce from abroad or to cause to be brought in from a foreign country.
R v Hancox
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.
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 country knowledge on her part will be presumed, but if there are some evidence that the accused honestly believed and 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 or manufacture in S6(1)(b) broadly cover the creation of controlled drugs by some form of process which changes the original substances into a particular control drug
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 he desires.
R v During
An offer is an imitation by the person charge to another that he is ready on request to supply to their other drugs of a kind prohibited by the statue
R v Brown (list)
The defendant is guilty in the following Instances:
1- offers to supply drug that he has on hand
2- offers to supply a drug that will be produced 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
R v Brown
The making of such an imitation with the intention that it should be understood as a genuine offer is an offence
R v Forest and Forest
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age
R v Cox
Position 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 awareness by the accused that the substance is in his position and an intention to exercise possession.
R v McGinty
The evidence in the present case of continued heroine dealing, in respect of which the orthodox techniques such as searching premise 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 (chis)
Disclosure of the identity of alleged informants was not required under the act and the trial judge was correct and 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
