Import and Export

Question 1

List 4 ways-controlled drugs can be imported into NZ?

Answer 1

• Having drugs concealed in or on their person or in their luggage
• Have another person bring their drugs in for them (Mule)
• Send or have drugs sent by international mail or courier
• Conceal drugs inside legitimate goods, Eg within a shipping container.

Question 2

Summarise the “Importation Process”

Answer 2

• Commences at the point of origin and continues until it reaches their ULTIMATE destination in NZ
• Criminal Liability arises when it reaches NZ boarders, and the Importer maybe convicted under 6(1)(a) MODA 75, even if the drugs are interpreted by customs and never reach their addressee (Intended Recipient)
• The process of Importation continues while the goods are in transit and only concludes when it reaches their final destination and are available to the consignee.
• Anyone knowingly assist in facilitating the process up until this point maybe liable to parties to importation up to this point.

Question 3

What is Wilful Blindness?

Answer 3

In terms of guilty knowledge, proof that the defendant deliberately turned a blind eye to the facts will suffice.
Crown must prove beyond reasonable doubt, that the accused had their suspicions aroused as to what they were carrying, but DELIBERATLEY refrained from making further inquiries or confirming their suspicions because they wanted to remain in ignorance

Question 4

List 5 well know Class A controlled Drugs

Answer 4

• Cocaine
• Heroine
• LSD
• Methamphetamine
• Psilocybin (magic mushrooms)

Question 5

List 8 well know class B controlled drugs

Answer 5

• Amphetamine
• Cannabis Preparation (Cannabis oil and hashish)
• GHB (Fantasy)
• MDMA (Ecstasy)
• Morphine
• Opium
• Pseudoephedrine
• Ephedrine

Question 6

List 4 well know class C

Answer 6

• Cannabis Plant
• Cannabis Seeds
• BZP
• Controlled drug analogues

Question 7

The offences of importing and exporting relate to any controlled drug irrespective of class. However, there is an exception. What it this exception?

Answer 7

The controlled drugs listed in Part 6 of schedule 3 are not included under S6(1)(a) MODA 75

Question 8

Explain “Mistake as to nature of controlled drug”

Answer 8

Under Section 29 MODA 75 provides that it is no defence that the defendant did not know the substance in question was a particular controlled drug.
Ie It would not be a defence to a charge for supplying heroine if the defendant believed the drug was he had supplied was cocaine.

Question 9

What is S29A MODA 75 (Proving useable quantity)

Answer 9

It is not necessary for the prosecution to prove that the amount was of a useable quantity unless the defendant puts the matter in issue.