Drugs Flashcards
Case law Drugs - SAXTON V POLICE
To import includes “to introduce or bring in from abroad or to cause to be brought in from a foreign country
Case law Drugs - R V HANCOX
Importation is a process and does not cease as the vessel crosses New Zealand’s border. Importing continues while goods are in transit from the time the goods enter NZ (regardless of whether they are intercepted), and up until they have become available to the recipient (addressee).
(Think of people being smuggled into NZ for sexual exploitation – all goodlooking Russian girls - the smugglers continually have their hands on their C***s)
Case law Drugs - POLICE V EMERALI
Possessing a narcotic does not extend to some minute and useless residue of the substance. Should be of a useable quantity.
Case law Drugs - R V RUA
“Produce” or “manufacture” cover the creation of controlled drugs by some form of process which changes the original substances into a particular controlled drug.
Case law Drugs - R V DURING
“Offer to supply” (intimation) intention by offender that he is ready, on request, to supply illicit drugs to another.
Case law Drugs - R V BROWN
The offence exists when the offer (intimation) is made with the intention that it should be understood as a genuine offer.
Case law Drugs - R V HOOPER &; ANOTHER
“Otherwise deals” – includes barter or exchange.
Hooper & another, 2 people, exchanging drugs
Case law Drugs - R V COX – (DRUGS)
Possession = 2 elements
PHYSICAL: Actual or potential physical custody or control.
MENTAL: Combination of knowledge and intention. An awareness by the accused that the substance is in his possession; And an intention to exercise possession.
(Think of a coxen in the front of a rowing-8, steroids for the team are in the back but he knows where they are, they’re under his control and he has an intention to dish them out to the team before the race.)
Case law Drugs - R V WILDBORE
“Passive custodian” who relinquishes custody of a drug to meet the needs of another, has the necessary intent for supply.
(scenario - out in the wild with the boar, shed on property, key in hiding spot, LSD kept in shed…tells offender where the key is and permits them access to the drugs)
Case law Drugs - R V STRAWBRIDGE
Not up to Crown to establish guilty knowledge. It’s up to the accused to prove innocence on reasonable grounds. If evidence accused believed act was innocent = acquitted.
(ie. Innocent woman thinks she’s growing straw (tomato plants), actually growing cannabis – not guilty)
Case law Drugs - R v FORREST & FORREST
Proof of age = Producing birth certificate & evidence that victim is person named in birth certificate.
(forrest, trees, paper, birth cert.)
Dealing with Controlled Drugs
Section 6, Misuse of Drugs Act 1975
Misuse of Drugs Act 1975 Section 6 (1) (a)
Importing/exporting any controlled drugs
Importation `
Arrival of the goods in NZ whether lawfully or unlawfully - TO BRING IN
When does criminal liability arise?
AS soon as the drugs cross NZ borders
When does importing conclude?
When they have reached their final destination
Three things you must prove??
1- They knew about the importation AND
2- They knew the imported substance was a controlled drug AND
3- They intended to cause the importation
When does exporting commence and conclude?
It commences with the first act intended to export the drugs and concludes at the time of actual exportation
What is Controlled Drugs
Any substance, preparation, mixture, or article specified or described in Schedule 1, Schedule 2 or Schedule 3 to this Act; and includes any controlled drug analogue