Import/Export Controlled Drug 6(1)(a) moda 1975

Question 0

Imports

Answer 0

Importation
(a) in relation to any goods, means the arrival of goods in New Zealand in any manner, with lawfully or unlawfully, from point outside New Zealand.
Section 2, customs and excise act 1996

The crown must prove not only that the defendants conduct in someway contributed to the actual importation of the drug, it must also prove the defendants guilty knowledge. This will involve proof that the defendant, knew about the importation, and, knew that imported substance was a controlled drug and intended to cause the importation

Saxon v police
R v Hancox
R v strawbridge

Question 1

What are the sides and penalty?

Answer 1

Imports into, or, export from New Zealand.

Any control drug.

Life/14/8

Question 2

Export

Answer 2

Time of exportation.
For the purposes of this act, the time of exportation is the time when the exporting craft leaves the last customs place at which that craft calls immediately before proceeding to a point outside New Zealand.
Section 53, customs and excise act 1996

Question 3

Saxton v police

Answer 3

To import includes to introduce from abroad to cause to be brought in from a foreign country.

Question 4

R v Hancox

Answer 4

The element of importing exists from the time the goods into New Zealand until they reach their immediate destination i.e. when they have ceased to be under the control of the appropriate authorities and have been available to consignee or addressee.

Question 5

R v Strawbridge

Answer 5

It is not necessary for the crown to establish knowledge on the part of the accused. In the absence of evidence to the contrary 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’s entitled to be acquitted unless the jury is satisfied beyond reasonable doubt that this was not so

Question 6

Usable amount

Answer 6

Police v Emerali

In any drug offence the quality of the drug involved must be measureable and usable. The serious offence of possessing a narcotic does not extend to some minute and useless residue of the substance

Question 7

Any controlled drug

Answer 7

Controlled drug: means any substance, preparation, mixture or article specified or described in schedule one, schedule two or schedule three of this act and includes any controlled drug analog.
Section 2, misuse of drugs act 1975