Import/Export Controlled Drug Flashcards
Import/Export Controlled Drug
Section 6 (1) (a) Misuse of Drugs Act 1975
Penalty
Life
Elements
- Imports into OR Exports from NZ
2. Any controlled Drug
Importation
In relation to any goods, means the arrival of the goods into NZ in any manner, whether lawfully or unlawfully from a point outside NZ
Section 2 Customs & Excise Act 1996
Saxton v Police
To import includes “to introduce from abroad or to cause to be brought in from a foreign country”
R v Hancox
The element of importing exists from the time the goods enter NZ until they reach their immediate destination [ie] when they have ceased to be under the control of the appropriate authorities and have become available to the consignee or addressee.
Exports
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 NZ.
Section 53 Customs and Excise Act 1996
Must prove guilty knowledge
1) knew about the importation/exportation
2) knew the imported/exported substance was a controlled drug
3) intended to cause the importation/exportation
R v Strawbridge
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 is entitled to be acquitted unless the jury is satisfied beyond reasonable doubt that this was not so.
Usable Amount
In any drug offence the quantity of drug involved must be measurable and useable.
R v Emerali
“the serious offence of … possessing a narcotic does not extend to some minute and useless residue of the substance”
Any 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.
Section 2, Misuse of Drugs Act 1975
