Import/ Export Controlled drugs Flashcards
Name the Act and Section for Import/ Export Controlled Drugs:
Section 6(1)(a) Misuse of Drugs Act 1975
Name the term of imprisonment for import/ Export controlled Drugs:
Life Imprisonment
Name the 2 ingredients for imports/ exports Drugs:
- Imports into OR Exports from New Zealand
2. Any Controlled Drug
Define Controlled Drug:
Section 2 Misuse of Drugs Act 1975
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.
Define Useable Amount:
In any drug offence the quantity of drug involved must be measurable and useable.
Useable Amount
Police v Emerall:
The serious offence of.. Possessing a narcotic does not extent to some minute and useless residue of the substance.
Saxton v Police
To import includes:
To import includes to introduce or bring in from aboard or to cause to be brought in from a foreign country.
Define Imports:
Sec 2 Customs and Excise Act 1996
Importation:
A) in relation to any goods, means the arrival of the goods in New Zealand in any manner, whether lawfully or unlawfully, form a point outside New Zealand.
R v Hancox
The element of importing exists from the time..
the goods enter New Zealand 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 consigned or addressee.”
Must prove guilty knowledge:
This will involve proof that the Defendant: (3)
- Knew about the importation/exportation, and
- Knew the imported/ exported substance was a controlled drug, and
- 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 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.
R v Hancox
The element of importing exists from the time..
the goods enter New Zealand 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 consigned or addressee.”
Must prove guilty knowledge:
This will involve proof that the Defendant: (3)
- Knew about the importation/exportation, and
- Knew the imported/ exported substance was a controlled drug, and
- 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 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.
