Imports Into or Exports from New Zealand Flashcards
Section and Penalty
Section 6(1)(a) MODA 1975 - Life Imprisonment
Ingredients
- Imports into OR exports from New Zealand
- Any controlled drug
Define Imports
Means the arrival of the goods into NZ in any manner, whether lawfully or unlawfully from a point outside NZ.
Saxton v Police
To import includes to introduce from abroad or cause to be imported from a foreign country.
R V Hancox
The element of importing exists from the time the goods arrive in NZ 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.
Define exports
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 NZ.
For the Crown to prove guilty knowledge, it must be proven that:
The defendant knew about the importation/exportation
AND
Knew the imported/exported substance was a controlled drug
AND
Intended to cause the importation/exportation
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.
Define useable amount
In any drug offence, the quantity of the drug involved must be measurable and useable.
Police V Emeralli
The serious offence of possessing a narcotic does not extend to some minute and useless residue of the substance.
Define 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.
