Import/export controlled drugs Flashcards
Section
Section 6(1)(a), Misuse of Drugs Act 1975
Penalty
Life
Ingredients
1) Imports into or exports from NZ
2) Any controlled drug
Imports
Importation
In relation to any goods, means the arrival of the goods in NZ in any manner, weather lawfully or unlawfully, from a point outside NZ
Sec 2 Customs and Excise Act 1996
Export
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
Sec 53 Customs and Excise Act 1996
Import
Police v Saxton
To import includes “to introduce from abroad or to cause to be brought in from a foreign country”.
R v Hancox
Import
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.
The Crown must prove
-The Defendants conduct in some way contributed to the actual importation of the drug,
-It must also prove the Defendants guilty knowledge
i.e Knew about the importation, and
Knew the imported substance was a controlled
drug, and intended to cause the importation
R v Strawbridge
- It is not necessary for the Crown to establish knowledge on the part of the accused.
- In the absence to the contrary knowledge on her part will be presumed
- But if there is some evidence that the accused honestly believed on RG’s that her act was innocent
- Then she is entitled to be acquitted unless the jury is satisfied beyond RD that was not so.
Useable Amount
In any drug offence the quantity of drug involved must be measurable and useable.
Polive v Emerall
Usable amount
“the serious offence of…possessing a narcotic does not extend to some minute and useless residue of the substance”
Controlled Drug
any substance, preparation, mixture or article specified or described in schedule 1, 2 or 3 of this Act and includes any controlled drug analogues.
Sec 2, MODA 1975
