Drugs - Case Law Flashcards
Saxton v Police
To import includes “to introduce from abroad or to bring in from a foreign country”
R v Hancox
The act of importation does not cease when the aircraft / vessel enters NZ’s territorial limits - instead it continues until they reach their immediate destination, when they have ceased to be under the control of the authorities and have become available to the consignee or addressee.
Anyone who KNOWINGLY assists up until that point may be liable for a charge of being a party to the importation however if someone picks up the controlled drugs from their final destination, they may only be charged as having possession for supply (As seen in R v HANCOX)
Police v EMERALI
The serious nature of possessing a narcotic does not extend to some minute and useless residue of the substance.
R v RUA
Produces / manufactures definition
The words produce or manufacture broadly cover the creation of a controlled drug by some form of process which changes the original substance into a particular controlled drug.
R v MAGGINIS
Supply involves more than mere transfer of physical control. It includes enabling the recipient to apply the thing, to a purpose which he desires. (allowing people to use the controlled drug for their own purpose)
R v DURING
An offer is an intimation by the person charged to another that they are ready on request to supply to that other drugs of a kind prohibited by this statute
R v BROWN - 4 circumstances of supply
The defendant is guilty of supply in the following circumstances:
(1) offering to supply a drug they have on hand
(2) offering to supply a drug that will be procured at some future date
(3) offering to supply a drug that he mistakenly believes he can supply
(4) offering to supply a drug deceitfully, knowing he cannot supply that drug
R v Brown - offer
the making of such an intimation, with the intention that it should be understood as a genuine offer, is an offence.
This offer could be conveyed using words, writing or gestures.
R v FORREST AND FORREST
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age.
What must be proved for possession (R v COX)?
The physical element: actual or potential physical custody or control over the drugs - meaning they actually have it in their custody or control (in a pocket or vehicle they have access to) or have the potential (anything subject to their control that’s in the custody of another person)
The mental element: Knowledge on the part of the accused that the substance is in his / her possession and have knowledge that it is a controlled drug.
They must also have the intention to exercise possession over the controlled drug.
R v COLLISTER
Circumstantial evidence in proving intent.
May include:
- The offenders actions and words before, during and after the incident.
- The surrounding circumstances
- The nature of the act itself
