Drug Dealing - Case Law Flashcards
R v Strawbridge
Relates to 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
Police v Emerali
Relates to usable amount.
The serious offence of possessing a drug does not extend to a useless residual amount.
R v Hancox (Saxton)
Relates to importation.
- Importation means the introduction or bringing in from abroad or causing to be brought in from abroad.
- The process of importation exists from the time the goods enter New Zealand until they reach their immediate destination or have ceased to be under the control of the appropriate authorities and have become available to the consignee or addressee.
Cameron v R
Relates to recklessness.
The defendant recognises that his actions could bring about about a harmful result or that a risk of harm exists.
Having regard to that risk, their actions being unreasonable.
R v Rua
Relates to produce/manufacture.
Produce and Manufacture broadly cover the creation of controlled drugs by some form of process which changes the original substances in to a particular controlled drug.
R v During
Relates to offering.
An offer is intimation by the person charged to another that he is ready on request to supply drugs of a prohibited kind.
R v Brown
Relates to offering.
The making of such an intimation with the intention that it should be understood as a genuine offer, is an offence.
R v Forrest & Forrest
Relates to evidence of age.
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victim’s age.
R v Cox
Relates to possession.
Two elements, the physical and the mental. Physical is actual or potential physical custody or control. Mental is the knowledge and intention. Knowledge of possession and an intent to exercise possession.
