Drug Dealing Flashcards
Intent (requirement)
R v Waaka - A fleeting or passing thought is not sufficient. There must be a firm intent or a firm purpose to effect an act.
Usable Quantity
Police v Emerali - The serious offence of possessing a narcotic does not extend to some minute and useless residue of the substance.
Intent (defined)
R v Mohan - Intent involves a decision to bring about, in so far as it lies within the accused’s power, the commission of an offence.
Offering to Supply (actus reus)
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.
Imports
Saxton v Police - To import includes to introduce or bring in from abroad or cause to be brought in from a foreign country.
Supply
R v Maginnis - 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.
Offering to Supply (mens rea)
R v Brown - The making of such an intimation, with the intention that it should be understood as a genuine offer, is an offence.
Produce or Manufacture
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.
Import Process
R v Hancox - 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 N.Z territorial limits. Importing into N.Z for the purposes of 6(1)(a) is a process. The element of importing exists from the time the goods enter N.Z until they reach their immediate destination, i.e when they have ceased to be under the control of the appropriate authorities and have become available to the consignee or addressee.
Ideal Possession
Warner v Metropolitan Police Commissioner - The term possession must be given a sensible and reasonable meaning in its context. Ideally a possessor of a thing has complete physical control over it and knowledge of its existance, its situation, and its qualities.
Guilty Knowledge (drugs)
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.
Proof of Age
R v Forrest & Forrest - The best evidence possible in the circumstances should be aduced by the prosecution in proof of the victims age.
