Caselaw

Question 1

Saxton v Police

Answer 1

To import includes “to introduce from abroad or to cause to be brought in from a foreign country”.

Question 2

R v Hancox

Answer 2

”.. 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 s6 (1)(a) is a process. The element of importing exists from the time the goods enter New Zealand until they reach their immediate destination… [it] when they have ceased to be under the control of the appropriate authorities and have become available to the consignee or addressee.”

Question 3

R v Martin

Answer 3

In proving guilty knowledge, proof the defendant deliberately turned a blind eye to the facts will suffice.

Question 4

R v Strawbridge

Answer 4

It is not necessary for the crown to establish guilty knowledge on the part of the accused. In the absence of evidence to the contrary, the Defendant’s knowledge will be presumed unless there is some evidence that accused honestly believed on reasonable grounds that their act was innocent, then they are entitled to be acquitted unless the jury is satisfied beyond reasonable doubt that was not so.

Question 5

Police v Emerali

Answer 5

Drug possession does not extend to a minute and useless residue , but must be usable quantity.

Question 6

R v Rua

Answer 6

‘Produce’ and ‘Manufacture’ broadly cover the process of changing an original substance into a particular controlled drug.

Question 7

R v Maginnis

Answer 7

Supply involves more than mere transfer of physical control. It includes enabling the recipient to apply the thing for the purpose which they desire.

Question 8

R v During

Answer 8

An offer is an indication by the defendant that they are ready on request to supply drugs to another.

Question 9

R v Wildbore

Answer 9

A ‘passive custodian’ who relinquishes custody of a drug to meet the needs of another, has the necessary intent for supply.

Question 10

R v Brown (1)

Answer 10

In supply, the defendant is guilty if he:

1: Offers to supply a drug he has on hand.
2: Offers to supply a drug that will be procured in the future.
3: Offers to supply a drug he mistakenly believes he can supply.
4: Offers to supply a drug deceitfully, knowing he will not supply that drug.

Question 11

R v Brown (2)

Answer 11

The making of an offer, with intent for it to be understood as genuine, is an offence.

Question 12

R v Hooper and Another

Answer 12

‘Otherwise deals’ means to barter or exchange.

Question 13

R v Forrest and Forrest

Answer 13

The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age
for age is a birth certificate accompanied by an additional testimony.

Question 14

R v Cox

Answer 14

Physical possession involves actual or potential custody or control.

Mental possession involves a combination of knowledge and intention to exercise possession.

Question 15

Simester and Brookbanks

Answer 15

Knowing requires a correct belief. If you hold an incorrect belief, you cannot know.

Question 16

R v McGinty (2)

Answer 16

Disclosure of the identity of an informant is not required, however the trial judge may insist on disclosure if he sees fit.

Question 17

R v McGinty (1)

Answer 17

A judge is not required to refuse to issue a warrant merely because Police have not exhausted every conceivable alternative investigation technique.