Drugs Case law / definitions Flashcards
R v STRAWBRIDGE
It is not necessary for the Crown to establish knowledge on the part of the defendant. In the absence of evidence to the country, 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 a reasonable doubt that this was not so
Police v EMERALI
the serious offence of possessing a narcotic does not extend to some minute and useless residue of substance
R v RUA
The words “produce” and “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
R v MAGINNIS
Supply involves more than the mere transfer of physical control…. it includes enabling the recipient to apply the thing for purposes to which he desires
R v DURING
An offer is an intimation by the person charged that he is ready on request to supply to that other drugs of a kind prohibited by the statue
R v BROWN (offers to supply)
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 deceitfully, knowing he will not supply that drug
R v BROWN (intimation)
“…..the making of such an intimation, with the intention that it should be understood as a genuine offer, is an offence”
R v McGINTY (heroin / conceivable techniques)
The evidence in the present case of continued heroin dealing, in respect of which the orthodox techniques such as searching premises and following vehicles had been tried without success, was sufficient. A Judge was not required to refuse a warrant because the Police had not exhausted every conceivable alternative technique of investigation
R v McGINTY (disclosure informants)
Disclosure of the identity of 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 informants. However, the trial Judge was entitled to insist on disclosure if he saw fit.
R v COX (possession)
Possession involves two elements. The first, often called the physical element, is actual or potential physical custody or control. The second, often described as the mental element, is a combination of knowledge and intent; knowledge in a sense of awareness by the accused that the substance is in his possession, and an intention to exercise possession.
Imports - sec 2 Customs and Excise Act 1996
Importation;
a) in relation to any goods means the arrival of the goods in NZ in any manner, whether lawfully or unlawfully, from a point outside NZ…..
SAXTON v Police
To import includes to “introduce from abroad or to cause to be brought in from a foreign country”
Exports - sec 53 Customs and Excise Act 1996
Time of Exportation;
For the purposes of this Act, the time of exportation is the time the exporting craft leaves the last place of customs at which that craft calls immediately before proceeding to a point outside NZ
Controlled drug - sec 2 MODA75
A controlled drug means any substance, preparation, mixture or article specified or described in Schedule 1, Schedule 2, or Schedule 3 of this Act and includes any controlled drug analogue
Controlled drug analogue - sec 2 MODA75
Controlled drug analogue means any substance, such as the substances specified or described in part 7 of schedule 3 of this Act, that has a structure substantially similar to that of any controlled drug
Produce
To “produce” means to bring something into being, or to bring something into existence from its raw materials or elements.
eg: separating out cannabis resin (oil) from cannabis plant