Imports Flashcards
What is the def of imports
In relation to any goods means the Arrival of goods in nz in any manner whether lawfully or unlawfully from a point outside nz
What is R V HANCOX
For imports
Element of importing exists from the time the goods enter nz until they reach their immediate destination
ie: cease to be under control of appropriate authorities and become available to the consignee or addressee
What is Saxton v police
For imports
To import includes to introduce from abroad or to cause to be brought in from a foreign country
Import any controlled drug sec 6(1)(a) MODA 1975
Import into
New Zealand
Any controlled drug
S5 Customs Act
Definition of NZ
The land and waters enclosed by the outer limits of the territorial sea of NZ
Any controlled drug
SPAM specified or described in schedule 1,2,3 MODA 1975 including controlled drug analogue
What is a controlled drug analogue?
Any substance with a structure substantially similar to a controlled drug BUT does not include any controlled drug or prescription medicine
Class A controlled drug
Cocaine Heroin LSD Methamphetamine Psilocybine (found in magic mushrooms)
Schedule 1 of Act
POSES HIGH RISK OF HARM
CHLMP
Class B controlled drug
Amphetamine Opium MDMA (ecstasy) Morphine Pseudoephedrine GHB Ephedrine Cannabis preparations (oil, resin also known as hashish)
HIGH RISK OF HARM
Schedule 2 of MODA 1975
AMMPCOGE
Class C controlled drug
Cannabis plant, seed, fruit
BZP
AND
controlled drug analogue
Schedule 3 + drug analogue
MODERATE RISK OF HARM
IMPORT- MUST PROVE GUILTY KNOWLEDGE (Mens rea)
Defendants conduct in some way contributed to the actual importation of the drug MUST also prove guilty knowledge with proof that the defendant:
Knew about the importation (wilfully blind)
Knew the imported substance was a controlled drug(reckless)
Intended to cause the importation
R V STRAWBRIDGE
Guilty knowledge
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,entitled to be acquired unless the jury is satisfied beyond reasonable doubt that this was not so”
POLICE V EMIRALI
Useable quantity
The serious offence of… possessing a narcotic does not extend to some minute and useless residue of the substance
Def of useable amount
In any drug offence the quantity involved must be measurable and useable
Wilful blindness
Proof that the defendant deliberately turned a blind eye to the facts will suffice
Proving a Useable Quantity
Sec 29A - Not necessary for the prosecution to prove that fact unless the defendant puts the matter in issue
Acting recklessly
Consciously and deliberately taking an unjustifiable risk
In relation to importing when is someone liable and when does liability cease
Arises as soon as drugs cross NZ boarder- any importers maybe charged under 6(1)(a) even if drugs do not reach intended recipient
Process continues While Goods are in transit and Concludes when the goods have reached immediate destination or become available to the consignee or addresse
Conspiracy to import drugs
When you can prove the defendant has done something to complete the conspiracy in NZ
When does import start
Commences at point of origin and continues until the drugs have reached their ultimate destination in NZ
When is import complete
When they have reached their final destination and are available to the consigned or addresse
