Drugs Case Law

Question 1

Saxton v Police

Answer 1

“To import is to introduce from abroad or cause to be brought in from a foreign country”

Question 2

R v Hancox

Answer 2

“The element of importing exists from the time the goods enter New Zealand until they reach their immediate destination and become available to the consignee”

Question 3

R v Strawbridge

Answer 3

“Guilty knowledge on the behalf of the accused will be presumed unless evidence to the contrary is presented”

Question 4

Police v Emerali

Answer 4

“Possession of a narcotic does not extend to some minute and useless residual amount”

Question 5

R v Rua

Answer 5

“To produce or manufacture is to change the nature of the original substance through some form of process to create a controlled drug”

Question 6

R v Maginnis

Answer 6

“Supply involves more than the mere transfer of physical control , it includes enabling the recipient to apply the thing to the purposes for which they desire”

Question 7

R v During

Answer 7

“An offer is an intimation that the person is ready to supply a controlled drug when requested to do so by the other person”

Question 8

R v Brown

Answer 8

“The making of an offer with the intention that the other person believe it to be genuine is an offence”

Question 9

R v Cox

Answer 9

“Possession involves two elements, physical: being actual or potential physical custody or control and mental: being an awareness on the behalf of the accused of their possession and an intention to exercise that possession”