Import/Export Controlled Drug

Question 1

Import/Export Controlled Drug - section and ingredients

Answer 1

Section 6(1)(a) misuse of drugs act 1975 - Life Imp

1. Imports into or exports from NZ
2. Any controlled drug

Question 2

What is imports/importation

Answer 2

Section 2 of Customs and Excise Act 1996

In relation to any goods means the arrival of the goods in NZ in any manner, whether lawfully or unlawfully, from a point outside of NZ

Question 3

What is the time of exportation

Answer 3

Section 53 Customs and Excise Act 1996

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 NZ

Question 4

Saxton v Police on importing

Answer 4

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

Question 5

R v Hancox on importing

Answer 5

The element of importing exists from the time the goods enter NZ until they reach their immediate destination,

i.e when they have ceased to be under the control of the appropriate authorities and have become available to the consignee or addressee

Question 6

What must the crown prove in relation to importation

Answer 6

The crown must prove not only that the defendant’s conduct in some way 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 the imported substance was a controlled drug, AND intended to cause the importation

Question 7

R v Strawbridge on establishing the knowledge of the accused

Answer 7

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 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

Question 8

what is the quantity threshold for any drug offence

Answer 8

In any drug offence the quantity of the drug involved must be measurable and useable

Question 9

Police v Emerali on quantity

Answer 9

The serious offence of possessing a narcotic does not extend to some minute and useless residue of the substance

Question 10

Controlled Drug definition under section 2 of the MODA 1975

Answer 10

Means substance, preparation, mixture or article specified or described in schedule 1, schedule2, or schedule 3 of MODA 1975 and includes any controlled drug analogue