Import / Export Controlled Drugs

Question 1

Section and Act

Answer 1

Section 6(1)(a) Misuse of Drugs Act 1975

Question 2

Penalty

Answer 2

Life Imprisonment

Question 3

Ingredients

Answer 3

1) Imports Into / Exports From New Zealand

2) Any Controlled Drug

Question 4

Definition of “Imports” under the act

Answer 4

Importation -

a) in relation to any goods, means the arrival of the goods in New Zealand in any manner, whether lawfully or unlawfully from a point outside New Zealand.

Sec 2 Customs and Excise Act 1996

Question 5

Definition of “Exports” under the act

Answer 5

Time of Exportation

For the purposes of the act, the time of exportation is the time when the exporting craft leaves the last customs place at which it calls immediately before proceeding to a point outside New Zealand.

Sec 53 Customs and Excise Act 1996

Question 6

Case law:

Saxton v Police

Answer 6

To import includes to introduce from abroad or to cause to be imported from a foreign country.

Question 7

Case law:

R v Hancox

Answer 7

The element of importing exists from the time the goods arrive in 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 become available to the consignee or addressee.

Question 8

Crown to prove guilty knowledge

Answer 8

The crown must not only prove the defendant’s conduct in some way contributed to the actual importation of the drug, it must also prove the defendant’s guilty knowledge.

This will involve proof the defendant:

1) knew about the importation and
2) knew the imported substance was a controlled drug and
3) intended to cause the importation

Question 9

Case law:

R v Strawbridge

Answer 9

If there is some evidence that the accused honestly believed that her act was innocent, then she is entitled to be acquitted unless the jury is satisfied beyond reasonable doubt that was not so.

R v Strawbridge

Question 10

Useable Amount

Answer 10

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

Question 11

Case law:

Police v Emeralli

Answer 11

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

Question 12

Controlled Drug

Answer 12

Means any substance, preparation, mixture or article specified in schedule 1, schedule 2, or schedule 3 of this act and includes any controlled drug analogue.

Sec 2 Misuse of Drugs Act 1975

Question 13

Relate to Scenario

Answer 13

Must Include:

The fact the drugs were imported

How the accused knew they were imported and that they were a controlled drug.

The fact that it is a controlled drug and how it fits the description.