Imports controlled drug 6(1)(a) Flashcards
Imports any controlled drug
Act/ Section/ Elements
HIGHLIGHTED
MODA 1975, S6(1)(a)
- No person shall
- Import into New Zealand
- Any controlled drug
Imports defintion
HIGHLIGHTED
Customs and Excise Act 2018, S5
Importation in relation to any goods, means the arrival of the goods in NZ in any manner, whether lawfully or unlawfully, from a point outside NZ.
Saxton v Police
HIGHLIGHTED
To import includes “to introduce from abroad or to cause to be brought in from a foreign country”.
R v Hancox
HIGHLIGHTED
The element 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.
The Crown must prove the mens rea of importing - KKI
HIGHLIGHTED
- Knew about the importation, and
- Knew the imported substance was a controlled drug, and
- Intended to cause the importation
New Zealand - Definition
HIGHLIGHTED
The land and waters enclosed by the outer limits of the territorial sea of NZ , which is 12 nautical miles from the land mass of NZ.
Controlled drug - Definition
Act/ Section
HIGHLIGHTED
MODA 1975, S2
Controlled drug means any substance, preparation, mixture, or article specified or described in schedule 1, 2, or 3 of this Act; and includes any controlled drug analogue
Definition and examples of class A controlled drugs
Act/ Section
HIGHLIGHTED
MODA 1975, S2
Class A controlled drug means the controlled drugs specified or described in Schedule 1 of this Act.
Examples: (Very high risk of harm)
- Cocaine
- Heroin
- LSD
- Methamphetamine
- Magic Mushrooms
Definition and examples of class B controlled drugs
Act/ Section
HIGHLIGHTED
MODA 1975, S2
Class B controlled drug means the controlled drugs specified or described in Schedule 2 of this act.
Examples: (High risk of harm)
- Cannabis preparations (oil,)
- GHB
- MDMA
- Morphine
- Pseudoephedrine
- Ephedrine
- Amphetamine
- Opium
Definition and examples of class C controlled drugs
Act/ Section
HIGHLIGHTED
MODA 1975, S2
Class C controlled drug means the controlled drugs specified or described in Schedule 3 of this Act, and includes any controlled rug analogue
Examples: (moderate risk of harm)
- Cannabis plant
- Cannabis seeds
- Benzylpiperazine (BZP)
- Controlled drug analogues
R v Strawbridge
HIGHLIGHTED
It’s not necessary for the Crown to establish knowledge on the part of the accused. Knowledge will be presumed unless there is evidence that the accused honestly believed their act was innocent.
R v Emirali
HIGHLIGHTED
The serious offence of possessing a narcotic does not extend to some minute and useless residue of the substance.
