Liabilities Flashcards
import/export controlled drug
6 (1)(a) MODS 1975 imports into OR Exports from NZ any controlled drug
importation section 2 Customs and Excise act 1996
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
importation includes to introduce from abroad or cause to be bought in from a foreign country SAXTON V Police
R v Hancox
the element of Importing exists from the time the goods enter NZ until they reach they their immediate destination. when they have ceased to be under the control of the appropriate authorities and have become available to the consigned or addressed. R v Hancox
Export 53 customs and Excise act 1996
for the purpose of this act, the time of exportation is the ti e when the exporting craft leaves that last customs place at which that craft calls immediately before proceeding to a point outside NZ.
must prove guilty knowledge
this will involve proof 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 group d’s 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.
usable amount
in any drug offence the quantity of the drug involved must be measurable and useable. “the serious offence of possessing a narcotic does not extend to some minute and useless residue of the substance
controlled drug sec2 moda 1975
means any substance, preparation, mixture or article specified or described in schedule 1, schedule 2 or schedule 3 of this act and includes any controlled drug analogue. sec2 MODA 1975
