Drugs Flashcards
Saxton v Police
Import, to introduce from abroad or to cause to be brought in from a foreign country”.
R v Hancox
Import, from the time the goods enter New Zealand and reach their immediate destination … when it’s not under the control of the appropriate authorities and are available to the consignee or addressee”.
R v Strawbridge
it is not necessary for the crown to establish knowledge on the part of the accused, in absence of proof, knowledge on the part of the accused will be presumed, but if there is proof that the accused honestly believed on reasonable grounds that her act was innocent the she should be acquitted unless the jury is satisfied beyond reasonable doubt that this was not so.
Police v Emerali
Quantity of drugs must be measurable and useable, doesn’t extend to minute or useless residue.
R v Maginnis
Supply, More then mere tranfer of physical control, it includes enabling the receiver to use the thing as he desires.
Black law dictionary
Administer means to direct or cause a drug to be taken into the system of another person.
R v During
An intimation between one person to another that he is ready on request to supply to the other person drugs prohibited by statute
R v Brown
Offer to supply
▪ have drug/intend to supply/offer to supply
▪ dont have drug/intend to get/offer to supply
▪ thinks he has drug but doesn’t /offer to supply
▪ pretend to have drug/offer to supply
R v Forrest and Forrest
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victim age
Warner and Metropolitan police commissioner
The term possession must be give a sensible and reasonable mean in the context, ideally the possessor of a thing has
- Complete physical control over it
- Knowledge of its existence, situation, and it’s qualities
R v Mohan
Intent involves a decision to bring about in so far as it lies within the accused power the commission of the offence.
R v Waaka
A fleeting or passing though is insufficient there must be a firm intent and a firm purpose to effect an act.
R v Rua
Produce or manufacture means the creation of a controlled drug by changing the original substances into a particular controlled drug
when is the offence of manufacturing complete
the instant the new substances has been created, even if it is usable or not
Must Prove Guilty knowledge
Knew about the supply/Administraion/offers and;
Knew the Supply/Administration/offer was a controlled drug
Intended to cause the supply/administration/offer the controlled drug
