S6(1)(a) Imports into OR Exports From NZ, Any Controlled Drug

Question 1

Imports or Exports
Act / Section / Penalty

Answer 1

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

Life Imprisonment

Question 2

Imports or Exports
List Elements

Answer 2

1) Imports Into
OR
Exports From New Zealand

2) Any Controlled Drug

Question 3

Imports
Legislation
Element 1, Card 1/4, S6(1)(a)

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

Imports or Exports
Saxton v Police (Note: imports)
Element 1, Card 2/4, S6(1)(a)

Answer 4

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

Question 5

Imports or Exports
R v Hancox (Note: imports)
Element 1, Card 3/4, S6(1)(a)

Answer 5

R v Hancox
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
Legislation
Element 1, Card 4/4, S6(1)(a)

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

Any Controlled Drug
Definition
Element 2, Card 1/4, S6(1)(a)

Answer 7

(SPAM + CDA) S2 MODA 1975
Any substance, preparation, mixture, or article specified or described in schedule 1, 2, 3 and includes any temporary class drug and any controlled drug analogue.

Question 8

Any Controlled Drug
Guilty Knowledge - KKI
Element 2, Card 2/4, S6(1)(a)

Answer 8

KKI - Knew about offence, knew the substance was a controlled drug and intent to commit offence.

Question 9

Any Controlled Drug
Guilty Knowledge - R v Strawbridge
Element 2, Card 3/4, S6(1)(a)

Answer 9

R v Strawbridge – Knowledge will be presumed if there is no evidence to the contrary.

Question 10

Any Controlled Drug
Usable Quantity
Element 2, Card 4/4, S6(1)(a)

Answer 10

Police v Emerali – Possession doesn’t extend to some minute or useless residue.

“Usable quantity”.