Drugs CASE LAW Flashcards
R v Forrest and Forrest
Age
The best evidence possible in the circumstances should be adduced in proof of the Victims age.
R v Hancox
“HANd over the drugs COCK” said the consignee to the courier.
Importing into New Zealand is a process that extends beyond crossing the border, continuing until goods have reached their final destination, are released from control of appropriate authorities and made available to the consignee.
R v Rua
“Rua changed it in to-a controlled drug”
Produce / Manufacture
“produce” or “manufacture” in 6(1)(b) covers any process which transforms the original substances into a controlled drug.
Note - The offence is complete once the prohibited substance is created, whether or not it is an unusable form.
R v Maginnis
“ Maginnis enabled him to access the drug hidden in a magazine, for his own purposes”
Supply/Possession
Supply is more than the transfer of physical control, it includes enabling the recipient access to the drug for his own purposes.
R v During
“During my high supply you should take me up on my offer. I am ready on request to supply”
Offer.
An offer is by the person charged, indicating he can supply controlled drugs on request.
R v Brown
“R v Brown: made an offer, he understood it to be genuine, you’re going down”
Offer.
The making of an offer, intending it to be genuine, is an offence.
The defendant is guilty in the following instances ;
1) offers to supply a drug he has on hand
2) offers to supply a drug that will be procured at some future date
3) offers to supply a drug that he mistakenly believes he can supply
4) offers to supply a drug to deceitfully, knowing he will not supply that drug.
R v Strawbridge
Guilty Knowledge.
If their is evidence the accused BRG their act was innocent, they must be acquitted, unless the jury is satisfied beyond reasonable doubt that this was not so.
R v Emerali
Useable Quantity
Possessing a narcotic does not extend to some minute and useless residue of the substance.
R v Cox
Possession.
Position involves two elements. Physical and mental.
- Physical relates to custody or control.
- Mental relates to combination of knowledge and intention. Knowledge in his position and attention to exercise position.
look at DDC notes on this topic
R v McGinty
Chis
CHIS
Under the act, informants identities did not have to be disclosed. The trial judge correctly redacted identifying details but could insist on disclosure if deemed necessary.
R v McGinty
Alternative investigation techniques
Hint heroin
[heroin dealing] Evidence, despite some failed investigation techniques, was sufficient. A judge need not refuse a warrant because every alternative investigation technique has not been attempted.
Saxton v Police
Importation
To introduce from abroad or to cause to be brought in from a foreign country.
