Importing / Exporting Flashcards
Section 6 (1) (a) - MODA 1975
Imports into OR exports from New Zealand
any controlled drug
other than a controlled drug specified or described in Part 6 of Schedule 3 of this Act
What are the methods commonly used to import drugs?
- drugs concealed in or on their person or in their luggage
- have another person (a mule) bring the drugs in
- send or have drugs sent by international mail or courier
- conceal drugs inside legitimate goods
Define importation
Section 2 - Customs and Excise Act 1996
The arrival of the goods in NZ in any manner, whether lawfully or unlawfully from a point outside NZ
Case Law - Saxton v Police
Saxton v Police
To import includes “to introduce from abroad or to cause to be bought in from a foreign country”
WHEN ARE YOU CRIMINALLY LIABLE FOR IMPORTING? *
As soon as the drugs cross NZ boarder even if the drugs are intercepted by Customs and never reach the recipient.
WHEN IS IMPORTING COMPLETE ? *
The offence does not end at the boarder. It continues while the goods are in transit and ONLY concludes when they have reached their final destination.
What makes you a party to importing?
Anyone who knowingly assists in facilitating the process up until the point of final destination they may be liable as a party to the importation.
R v Hancox
The bringing of goods into the country or causing them to be brought into the country does not cease as the aircraft or vessel enters New Zealand’s territorial limits.
Importing into New Zealand for the purposes of s 6(1)(a) is a process. The elements 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 consignee or addressee.
WHAT MUST THE CROWN PROVE REGARDING MENS REA? *
- Defendants conduct contributed in some way to the actual importation of the drug
- Defendant guilty knowledge
Wilful blindness
In terms of proving guilty knowledge, proof that the defendant deliberately turned a blind eye to the facts will suffice.
Time of exportation
Section 53 - Customs and Excise Act 1996
Exportation commences with the first act intended to export the drugs from NZ and concludes at the point when the drugs leave NZ for an overseas destination
Define New Zealand
Section 2 - Customs and Excise Act 1996
(a) means the land and the waters enclosed by the outer limits of the territorial sea of New Zealand
the outer limits of the territorial sea is 12 nautical (sea) miles from the land mass of New Zealand.
PROVING GUILTY KNOWLEDGE *
For a person to be guilty of an offence relating to controlled drugs they MUST have guilty knowledge.
Although the defendant must know that the substance was a controlled drug it is not necessary for the Crown to prove such knowledge. It is up to the defendant to raise reasonable doubt as to their state of mind.
Case Law: R v Strawbridge
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.
Mistake of type of controlled drug defense
While guilty knowledge is an essential element, it is not a defense that the defendant did not know the substance in question was the particular controlled drug
eg. it would not be a defense to a charge of supplying heroin if the defendant believed the drug he supplied was in fact cocaine.
