Drug Caselaw Flashcards
Saxton v Police
To import includes “to introduce from abroad or to cause to be brought in from a foreign country”
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 is satisfied beyond reasonable doubt that this was not so.
Police v Emerali
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 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
note- prosecution must specify one or the other in charging documents so from an investigation point of view we should treat them as seperate offences
R v Hancox
The brining of goods into the country or causing them to be brought into the country does not cease as the aircraft or vessel enters NZ. Importing into NZ for the purpose 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. ie when they are under the control of authorities and have become available to the addressee
R v Maginnis
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
R v During
An offer is an intimation by the person charged to another that he is ready on request to supply to that other, drugs of a kind prohibited by the statute
R v Brown
The defendant is guilty of offering to supply controlled drug in the following instances:
1- offer 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
R v Brown
The making of such an intimation, with the intention that it should be understood as a genuine offer, is an offence
R v Forrest and Forrest
The best evidence possible in the circumstances should be adducted by the prosecution in proof of the victims age
R v Cox
Possession involves two elements. The physical element, is actual or potential physical custody or control. 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
The evidence in the present of continued heroine dealing, in respect of the orthodox techniques like 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
Disclosure of the identity of alleged informers was not required under the act and the trial judge was correct in deleting parts of the application 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.
