Drug Case Law Flashcards
Saxton v Police
Hint Imports
To import includes “to introduce from abroad or to cause to be brought in from a foreign country”
R V HANCOX
Hint Imports
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 NZ territorial limits. Importing into NZ for the purposes of S6(1)(a) is a process. The element of importing exists from the time the goods enter NZ until they reach their immediate destination.
EG when they have ceased to be under the control of the appropriate authorities and have become available to eh consignee or addressee.
R v STRAWBRIDGE
Hint 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.
Police v EMRALI
Hint seriousness of offence
The serious offence of …. possessing a narcotic does not extend to some minute and useless residue of the substance
R V RUA
Hint Produce and Manufacture
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.
R V MAGINNIS
Hint 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.
R v DURING
Hint Offer
An offer is an intimation by the person charged to another that he is ready on request to supple to that other drugs of a kind prohibited by the statute
R V BROWN
Hint four instances
The defendant is guilty in the following instances:
- offers to supply a drug that her 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.
R V BROWN (smaller of the two)
Hint offer for intention
the making of such an intimation, with the intention that is should be understood as a genuine offer, is an offence.
R V FOREST and FOREST
Hint Age
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age.
R V COX
Hint Possession
Possession involves two elements, the first being the physical element is actual or potential physical custody or control. The second is 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.
R V MCGINTY
Hint Heroin dealing
The evidence in the present case of continued heroin dealing, in respect of which the orthodox techniques such as searching premises and following vehicles had been tried without success, was sufficient. A judge was not required to refuse a warrant because the Police had not exhausted every conceivable alternative technique of investigation.
R v MCGINTY second case law
Hint informants
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 fit.
