Liability - Section 6(1)(a)

Question 1

Section and penalty

Answer 1

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

Life imprisonment

Question 2

Ingredients

Answer 2

1) Imports Into
OR
Exports From New Zealand

2) Any Controlled Drug

Question 3

Imports

Legislation

Answer 3

Sec 2 Customs and Excise Act 1996

Means the arrival of the goods in New Zealand in any manner, whether lawfully or unlawfully from a point outside New Zealand.

Question 4

Saxton v Police

Answer 4

To import includes “to introduce from abroad or to cause to be imported from a foreign country.”

Question 5

R v Hancox

Answer 5

The element of importing exists from the time the goods arrive in New Zealand 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.

Question 6

Exports

Answer 6

Sec 53 Customs and Excise Act 1996

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 New Zealand.

Question 7

Crown to prove guilty knowledge

Answer 7

Must prove guilty knowledge: This will involve proof the defendant:

1) knew about the importation/exportation

AND

2) knew the imported/exported substance was a controlled drug

AND

3) intended to cause the importation/exportation

Question 8

R v Strawbridge

Answer 8

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.

R v Strawbridge

Question 9

Useable Amount

Answer 9

In any drug offence, the quantity of the drug involved must be measurable and useable.

Question 10

Police v Emeralli

Answer 10

The serious offence of possessing a narcotic does not extend to some minute and useless residue of the substance

Question 11

Controlled Drug

Answer 11

Sec 2 Misuse of Drugs Act 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.