Caselaw Flashcards
Santon 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 hood into the country or causing them to be brought into the country does not cease as the aircraft or vessel enters NZ.
Importing exists from the time the goods enters NZ until they reach their immediate destination.
R V Martin
It will suffice if the crown can prove beyond reasonable doubt the importer Had her suspicions aroused as to what she was carrying but deliberately refrained from making further inquiries or confirming her suspicions because she wanted to remain in ignorance
If that is proved the law presumes knowledge of the part of the accused. The fault lies in the deliberate failure to enquire when the accused knows there is a reason for inquiry.
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 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 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 intermission by the person charged to another that he is ready on request to supply to that other drugs of kind prohibited by the statute.
R V Brown
• Offer to sell a drug that he has on hand
• Offer to sell the drug that will be produced at some future date.
• Office to sell a drug that he mistakenly believes he can supply.
• Offers to supply a drug deceitfully knowing that he will not supply that drug.
R V Forrest and Forrest
The best evidence possible in circumstances should be adduced by the prosecution and proof of the victims age.
R V Cox
Possession involves two elements the first of the physical element is actual or potential physical control or custody.
The second is a mental element it is a combination of knowledge and intention and knowledge in the sense of awareness by the accused that the substance is in his position and an intention to exercise position
