Case Laws Flashcards
Saxton v Police
To import includes “to introduce from abroad or to cause to be brought in from a foreign country”.
Context - In Saxton v Police the defendant posted a parcel containing cannabis resin from London to Dunedin. It was intercepted by customs and on his return to NZ Saxton was charged with importing a controlled drug. He argued that he had exported it from London but not imported it to NZ as he did not bring it here himself. COurt of Appeal held that “to import” includes “to bring in” but that the term also has a wider definition.
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 enters New Zealand’s territorial limits. Importing into New Zealand for the purposes of section 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 a liable to the consigned 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 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.
Police v Emerali
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 section 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 apply the thing… to 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
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
R v Brown (2)
The making of such an intimation, 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 adduces by the prosecution in proof of the victims age.
R v Cox
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 and intention to exercise possession
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 it fit.
