Drugs - Case law

Question 1

Saxton v Police - Imports (drug dealing)

Answer 1

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 2

R v STRAWBRIDGE - Guilty Knowledge

Answer 2

It is not necessary for the Crown to establish knowledge on the part of the accused.
In the absence of evidence, 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 3

Police v EMERALI - Usable Quantity (drug dealing)

Answer 3

Must be a usable quantity not just remnants.

Question 4

R v RUA - Produce/Manufacture (drug dealing)

Answer 4

The words 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.

Question 5

R v DONALD - Supply (drug dealing)

Answer 5

Supply includes the distribution of drugs broken into small quantities to several joint co-owners.

Question 6

R v KNOX - Intent to Supply (drug dealing)

Answer 6

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.

Question 7

R v WILDBORE - Intent to Supply (drug dealing)

Answer 7

A passive custodian who relinquished custody of a drug to meet the needs of another, has the necessary intent for supply.

Question 8

R v DURING - Offer to Supply (drug dealing)

Answer 8

An offer is when a person communicate that they are ready to supply on request.

Question 9

R v BROWN - Offer to Supply (drug dealing)

Answer 9

Offering to supply a controlled drug can arise in a variety of ways including where the defendant:
-Offers to supply a drug that he has on hand.
-Offers to supply a drug that will be procured at some future date.
-Offers to supply a drug that he mistakenly believed he can supply.
-Offers to supply a drug deceitfully, knowing he will not supply that drug.

Question 10

R v FORREST and FORREST - (proving age)

Answer 10

Proving the victims age. (More than a birth certificate).