Must Knows

Question 1

Saxton v Police

Answer 1

To import includes to introduce or bring in from aboard or to cause to be brought in from a foreign country.

Question 2

R v Hancox

Answer 2

The element of importing exists from the time the goods enter New Zealand until they reach their immediate destination. IE when they have ceased to be under the control of the appropriate authorities and have become available to the consigned or addressee.

Question 3

R v Strawbridge

Answer 3

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.

Question 4

Police v Emerali

Answer 4

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

Question 5

R v Rua

Answer 5

The words ‘produce’ or ‘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 controlled drug.

Question 6

R v During

Answer 6

An offer is an intimation by the person charged to another that he is ready on request to supply to that offer, drugs of a kind prohibited by the statue.

Question 7

R v Forrest and Forrest

Answer 7

The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age.

Question 8

R v Cox

Answer 8

Possession involves two elements. The first, the physical element is actual or potential physical custody or control. The second, the mental element, is a combination of knowledge and intention. Knowledge in the sense of an awareness by the accused that the substance is in his possession and an intention to exercise possession.