Liability 6(1)(a)

Question 1

Import / Export Controlled Drug

Section and Penalty

Answer 1

Section 6(1)(a) Misuse of Drugs Act 1975

Life Imprisonment

Question 2

Import / Export Controlled Drug

Ingredients

Answer 2

.1 Imports into
OR
Exports from New Zealand

.2 Any controlled drug

Question 3

.1 Imports into New Zealand

Answer 3

Importation
In relation to any goods, means the arrival of goods into NZ in any manner, whether lawfully or unlawfully, from a point outside NZ.
Sec. 2, Customs and Excise Act 1996

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To import includes to introduce from abroad or to cause to be brought in from a foreign country.
Saxton v Police

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The element of importing exists from the time the goods enter into NZ until they reach their immediate destination. When they have ceased to be under the control of appropriate authorities and have become available to the consignee or addressee.
R v Hancox

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Must prove guilty knowledge that defendant:

• knew about the importation / exportation, and
• knew the imported / exported substance was a controlled drug, and
• intended to cause the importation / exportation.

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It is not necessary for the Crown to establish the knowledge of the accused. In the absence of evidence to the contrary, knowledge on her part will be presumed, but if there are 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.
R v Strawbridge

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Useable Amount
In any drug offence, the quantity of 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.
Police v Emerali

Question 4

.1 Exports from New Zealand

Answer 4

Exports
Time of exportation is the time when the exporting craft leaves the last Customs place at which that craft calls immediately before proceeding to a point outside New Zealand.
Sec. 53, Customs and Excise Act 1996

_____

Must prove guilty knowledge that defendant:

• knew about the importation / exportation, and
• knew the imported / exported substance was a controlled drug, and
• intended to cause the importation / exportation.

_____

It is not necessary for the Crown to establish the knowledge of the accused. In the absence of evidence to the contrary, knowledge on her part will be presumed, but if there are 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.
R v Strawbridge

_____

Useable Amount
In any drug offence, the quality of 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.
Police v Emerali

Question 5

.2 Any controlled drug

Answer 5

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.
Sec. 2, Misuse of Drugs Act 1975