DRUG OFFENCES case law Flashcards
R v Hancox
The element of importing exists from the time the goods enter New Zealand until they reach their immediate destination…ie when they have ceased to be under the control of the appropriate, authorities and have become available to the consignee or addressee.
R v Stawbridge
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 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
Useable amount - In any drug offence the quantity of the drug involved must be measurable and useable. “the serious offence of … possessing a narcotic does not extend to some minute and useless residue of the substance”
R v Rua
The word 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 Donald
Supply includes the distribution of jointly owned property between co-owners.
R v Knox
A person who is in unlawful possession of a controlled drug, which has been deposited for safekeeping, has the intent to supply that drug to another if his intention is to return the drug to the person who deposited it with him.
R v Wildbone
A passive custodian who relinquishes custody of the drug to meet the needs of another, has the necessary intent to supply.
R v During
An offer is an intimation by the person charged to another that he is ready for the request to supply to the other, drugs of a kind prohibited by the statue
R v Brown
Offering to supply a controlled drug can arise in a variety of ways including where the defendant;
a) Offers to supply a drug that he has on hand
b) Offers to supply a drug that will be procured at some future date.
c) Offers to supply a drug that he mistakenly believes he can supply.
d) Offers to supply a drug deceitfully, knowing he will not supply that drug.
Saxton v Police
To import includes to introduce or bring in from abroad or to cause to be brought in from a foreign country.
