CIB 011 Drugs

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 in to the country does not cease as the aircraft or vessel enters NZ territorial limits. Importing in NZ for the purposes of 6(1)(a) is a process. The element of importing exists from the time they enter NZ until they reach their immediate destination- when they have ceased to be under control of appropriate authorities and have become available to the consignee

Question 3

R v Strawbridge

Answer 3

It is not necessary for the Crown to establish knowledge on the behalf 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 RG 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 4

Police v Emerali

Answer 4

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

Question 5

R v Rua

Answer 5

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 6

R v Maginnis

Answer 6

Supply involves more than the mere transfer of physical control, it includes enabling the recipient to apply the thing to the purposes for which he desires.

Question 7

R v During

Answer 7

An offer is an intimation by the person charged that he is ready on request to supply to that other drugs of a kind prohibited by the statute.

Question 8

R v Brown

Answer 8

The offender is guilty in the following instances:

Offers to supply a drug he has on hand
Offers to supply a drug that will be procured at some future date
Offers to supply a drug that he mistakenly believes he can supply
Offers to supply a drug deceitfully knowing he will not supply that drug

Question 9

R v Cox

Answer 9

Possession is 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 a sense of an awareness by the accused that the substance is in his possession, and an intention to exercise possession