Drug Dealing - case law

Question 1

Guilty Knowledge

Answer 1

R v Strawbridge [1970]
It is not necessary for the Crown to establish knowledge on the part of the accused. In the absense 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.

Question 2

Useable quantity

Answer 2

Police v Emerali [1976]
“… the serious offence of … possessing a narcotic does not extend to some minute and useless residue of the substance.”

Question 3

Import

Answer 3

Saxton v Police [1981]
To import includes “to introduce or bring in from abroad or to cause to be brought in from a foreign country”.

R v Hancox [1989]
“Importation” in the Misuse of Drugs context means the introduction or bringing in from abroad or causing to be brought in from abroad.

“Importation” involves active conduct. It does not cease as the aircraft or vessel enters New Zealand territorial limits. 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”.

Question 4

Recklessness

Answer 4

Cameron v R [2017]
Recklessness is established if:
(a) the defendant recognised that there was a real possibility that:
(i) his or her actions would bring about the proscribed result; and/or
(ii) that the proscribed circumstances existed; and
(b) having regard to that risk those actions were unreasonable.

Question 5

Producing / Manufacturing

Answer 5

R v Rua [2008]
The words “produce” or “manufacture” in Section 6(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

Offer

Answer 6

R v During [1973]
“[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 [1978]
“… the making of such an intimation, with the intention that it should be understood as a genuine offer, is an offence.”

Question 7

Proof of age

Answer 7

R v Forrest and Forrest [1970]

“The best evidence possible n the circumstances should be adduced by the prosecution in proof of [the victim’s] age.”

Question 8

Proof of possession

Answer 8

R v Cox [1990]
Possession 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 the sense of an awareness by the accused that the substance is in his possession; and an intention to exercise possession.