Section 6(1)(a)

Question 1

What is section 6(1)(a)

Answer 1

Drug Dealing (import/export any controlled drug)

Question 2

Drug dealing (import/export any controlled drug)

Misuse of Drigs Act 1975

Section 6(1)(a)

Answer 2

• Import into or export from NZ
• Any Controlled Drug

Question 3

6(1)(a) Penalties

( and for all drug dealing charges )

Answer 3

CLASS A - life imprisonment
CLASS B - 14 years
CLASS C - 7 years

Question 4

Defined

Importation

Answer 4

Importation of goods into New Zealand occurs when goods arrive from abroad, regardless of legality.

Sec 5 Customs and Excise Act 2018

Question 5

R v Hancock

Answer 5

Importing into New Zealand is a process that extends beyond arrival, continuing until goods are released from control of appropriate authorities and made available to the consignee.

Question 6

Must prove …… knowledge

Answer 6

Must prove guilty knowledge:
This will involve proof :
- Knew about import AND
- Knew the imported substance was a controlled drug AND
- Intended to cause the importation

Question 7

R v Strawbridge

Answer 7

The accused’s knowledge is presumed unless they provide evidence to the contrary.
If their is evidence the accused BRG their act was innocent, they must be acquitted, unless the jury is satisfied beyond reasonable doubt that this was not so.

Question 8

Usable amount

Answer 8

In any drug offence, the quantity of the drug involved must be measure-able and usable

Question 9

Police v Emerali

Answer 9

Possessing a narcotic does not extend to some minute and useless residue of the substance

Question 10

Controlled drug

Definition

Answer 10

Any drug listed in schedules 1,2, or 3 of the misuse of drugs act 1975, including any controlled drug analogue.

Section 2 of the Misuse of Drugs aAct 1975 .

Question 11

6(1)(a) imports controlled drugs.

Liability

Answer 11

Imports
- import definition + Saxton v Police
- imports case law - R v Hancox
- guilty knowledge
- definition
- R v Strawbridge
- useable amount
- definition
- police v Emerali
Controlled Drug
- definition
- controlled drug analogue
- Class / Schedule

Question 12

Saxton v Police

Answer 12

Importation

To introduce from abroad or to cause to be brought in from a foreign country.

Question 13

Controlled drug analogue.

Answer 13

Any substance with a structure substantially similar to a controlled drug.

Question 14

Wilful blindness

Answer 14

Relates to guilty knowledge… proof that the defendant deliberately turned a blind eye to the facts will suffice.