Liabilities - Case Law Flashcards
Importation - Saxton v Police
To import includes to introduce from aboard or to cause to be brought in from a foreign country.
Completion of imports - R v Hancox
The bringing of goods into the country or causing them to be brought into the country does not cease as the aircraft or vessel enters NZ’s territorial limits.
Importing into NZ for the purposes of 6(1)(a) is a process.
The element of importing exists from the time the goods enter 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.
Guilty knowledge - 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 their part will be presumed, but if there is some evidence that the accused honestly believed on reasonable grounds that their act was innocent, then they are entitled to be acquitted unless the jury is satisfied beyond reasonable doubt that this was not so.
Useable quantity - R v Emirali
The serious offence of possessing a narcotic does not extend to some minute and useless residue of the substance.
Produce/Manufacture - R v Rua
The words ‘produce’ and ‘manufacture’ in s6(1)(b) broadly cover the creation of controlled drugs by some form of process which changes the original substances into a particular CD.
Supply - R v Maginnis
Supply involves more than the mere transfer of physical control; it includes enabling the recipient to apply the thing to purposes for which he desires.
Offers - R v During
An offer is an intimation by the person charged to another that they are ready on request to supply to that other, drugs of a kind prohibited by the statue.
Offers - R v Brown
The defendant is guilty in the following instances:
- OTSAD that he has on hand
- OTSAD that will be procured at some future date
- OTSAD that he mistakenly believes he can supply
- OTSAD deceitfully, knowing he will not supply that drug
The making of such an intimation, with the intention that it should be understood as a genuine offer, is an offence.
Proof of age - R v Forrest and Forrest
The best evidence possible in the circumstances should be adduced by the prosecution in proof (of the victims) age.
Possession - R v Cox
Possession involves two elements.
The first, the physical, is actual or potential custody or control.
The second, the mental element, is a combination of knowledge and intention: knowledge in a sense of awareness by the accused that the substance is in their possession; and an intention to exercise possession.
