Drugs Case Law 2020 Flashcards
Saxton
To import includes to “introduce from abroad or cause to be brought in from a foreign country”.
(Posted cannabis resin from London to his address in Dunedin).
Hancox
The bringing of goods into the country or causing them to be brought into the country does not cease as the aircraft or vessels enters NZ’s territorial limits.
The element of importing exists from the time the goods enter NZ until they reach their immediate destination.
Ie. when they cease to be in the control of the appropriate authorities and have become available to the consignee or addressee.
(Girl and 2 parcels of MDMA at the post shop)
Strawbridge
It is not necessary for the Crown to establish knowledge on the part of the accused.
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.
Emerali
Possession of a controlled drug does not extend to some minute and useless residue of the substance.
Rua
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 particular controlled drugs.
Maginnis
Supply involves more than the mere transfer of physical control.
It includes enabling the recipient to apply the thing to purposes for which he desires.
During
An offer is an intimation by the person charged to another that he is ready on request to supply to that other drugs of a kind prohibited by the statute.
Brown (offers to supply)
The defendant is guilty in the following instances, of ‘offers to supply a drug’:
(1) that he has on hand
(2) that will be procured at some future dates
(3) that he mistakingly believes he can supply
(4) deceitfully, knowing he will not supply that drug
Brown (intimation)
The making of such intimation, with the intention that it should be understood as a genuine offer, is an offence.
Forrest and Forrest
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age.
Cox
Possession involves two elements,
first the physical element, is actual or potential physical custody or control.
The second, the mental element, is a combination of knowledge and intention:
knowledge in the sense of awareness by the accused that the substance is in his possession; and an intention to exercise possession.
McGinty (alternative technique of investigation)
A judge was not required to refuse a warrant because the Police had not exhausted every conceivable alternative technique of investigations.
Mcginty (informants) (Nice to know)
Disclosure of the identity of the alleged informants was not required under the Act, and the trial judge was correct in deleting from the application certain parts which would have been likely to lead to the identification of the informants. However, the trial judge was entitled to insist on disclosure if he saw fit.
What CL relates to S6(1)(a) - Import/Export?
Saxton: Import includes to introduce…
Hancox: The bringing of goods into the country…
What CL relates to S6(1)(b) - Produce/Manifacture?
Rua: The words produce & manufacture…
