Imports

Question 1

What is the def of imports

Answer 1

In relation to any goods means the Arrival of goods in nz in any manner whether lawfully or unlawfully from a point outside nz

Question 2

What is R V HANCOX

For imports

Answer 2

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

Question 3

What is Saxton v police

For imports

Answer 3

To import includes to introduce from abroad or to cause to be brought in from a foreign country

Question 4

Import any controlled drug sec 6(1)(a) MODA 1975

Answer 4

Import into

New Zealand

Any controlled drug

Question 5

S5 Customs Act

Definition of NZ

Answer 5

The land and waters enclosed by the outer limits of the territorial sea of NZ

Question 6

Any controlled drug

Answer 6

SPAM specified or described in schedule 1,2,3 MODA 1975 including controlled drug analogue

Question 7

What is a controlled drug analogue?

Answer 7

Any substance with a structure substantially similar to a controlled drug BUT does not include any controlled drug or prescription medicine

Question 8

Class A controlled drug

Answer 8

Cocaine
Heroin
LSD
Methamphetamine 
Psilocybine (found in magic mushrooms)

Schedule 1 of Act

POSES HIGH RISK OF HARM

CHLMP

Question 9

Class B controlled drug

Answer 9

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

Question 10

Class C controlled drug

Answer 10

Cannabis plant, seed, fruit
BZP

AND

controlled drug analogue

Schedule 3 + drug analogue

MODERATE RISK OF HARM

Question 11

IMPORT- MUST PROVE GUILTY KNOWLEDGE (Mens rea)

Answer 11

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

Question 12

R V STRAWBRIDGE

Guilty knowledge

Answer 12

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”

Question 13

POLICE V EMIRALI

Useable quantity

Answer 13

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

Question 14

Def of useable amount

Answer 14

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

Question 15

Wilful blindness

Answer 15

Proof that the defendant deliberately turned a blind eye to the facts will suffice

Question 16

Proving a Useable Quantity

Answer 16

Sec 29A - Not necessary for the prosecution to prove that fact unless the defendant puts the matter in issue

Question 17

Acting recklessly

Answer 17

Consciously and deliberately taking an unjustifiable risk

Question 18

In relation to importing when is someone liable and when does liability cease

Answer 18

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

Question 19

Conspiracy to import drugs

Answer 19

When you can prove the defendant has done something to complete the conspiracy in NZ

Question 20

When does import start

Answer 20

Commences at point of origin and continues until the drugs have reached their ultimate destination in NZ

Question 21

When is import complete

Answer 21

When they have reached their final destination and are available to the consigned or addresse