Caselaw

Question 1

R v Brown:

Answer 1

(Offers)

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 2

Saxton v Police

Answer 2

(Import)

“to introduce from abroad or to cause to be brought in from a foreign country”

Question 3

R v Hancox

Answer 3

(Import)

The element of importing exists from the time the goods enter NZ until they reach their destination..when they have ceased to be under the control of the proper authorities and have become available to the consignee

Question 4

R v Strawbridge

Answer 4

(Guilty Knowledge)

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 5

Police v Emerali

Answer 5

(Useable quantity)

The serious offence of possessing a narcotic does not extend to some minute and useless residue of the substance

Question 6

R v Rua

Answer 6

(Manufacture/Produce)

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 controlled drug

Question 7

R v Maginnis

Answer 7

(Supply)

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 8

R v During

Answer 8

(Offer to Supply)

An offer is an intimation by the person charged to another that he is ready on request to supply prohibited drugs

Question 9

R v Cox

Answer 9

Possession involves two elements.

The first, 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