Section 6(1)(a) Flashcards
Definition of importation:
In relation to any goods, means the arrival of the goods in New Zealand in any manner, whether lawfully or unlawfully, from a point outside New Zealand
Examples of methods drug importers will use to bring goods into NZ:
- Concealed in or on their person
- Have another person (mule) bring drugs in for them
- International mail or courier
- Within shipping containers
Saxton v Police
“to introduce from abroad or to cause to be brought in from a foreign country”
Explain the importing process:
Importation is a process that commences at the point of origin and continues until the drugs have reached their ultimate destination in NZ
When does criminal liability arise for importation?
Criminal liability arises as soon as the drugs cross New Zealand’s border, and an importer may therefore be convicted under Section 6(1)(a) even if the drugs are intercepted by Customs and never reaches the address
When does the offence of Importation CONCLUDE?
The offence does not end at the border, the process of importation continues while the goods are in transit and only concludes when they have reached their final destination
R v Hancox
The element of importing exists from the time the goods enter NZ until they reach their destination..when they have ceased to be under the control of the proper authorities and have become available to the consignee
How to prove defendants guilty knowledge of importing
- Knew about the importation and
- Knew the imported substance was a controlled drug and
- intended to cause the importation
Explain wilful blindness in relation to importing and proving guilty knowledge:
In terms of proving guilty knowledge, proof that the defendant deliberately turned a blind eye to the facts will suffice.
Definition of New Zealand:
What is the outer limit of NZ?
Means the land and the waters enclosed by the outer limits of the territorial sea of New Zealand.
The outer limit of the territorial sea is 12 nautical miles from the land mass of NZ
Definition of Controlled Drug:
Controlled drug means any substance, preparation, mixture or article specified in Schedule 1, 2 or 3 of this Act and includes any controlled drug analogue.
Definition of Controlled Drug Analogue:
Means any substance, such as the substances specified in Part 7 or Schedule 3 to this Act, that has a structure substantially similar to that of any controlled drug but does not include:
a) Any substance specified in Schedule 1 or 2 or Par 1 - 6 of Schedule 3
b) Any pharmacy only medicine, prescription medicine or restricted medicine
c) an approved product
Simplified meaning of a Controlled Drug Analogue
Any substance (other that the exceptions specified in the definition) with a structure substantially similar to a controlled drug.
What is a Class A controlled drug and give 5 examples
A controlled drug specified in Schedule 1
Pose a very high risk of harm to individuals and to society
- Cocaine
- Methamphetamine
- Heroin
- LSD
- Psilocybine (Found in magic mushrooms)
What is a Class B controlled drug and list 5 examples:
Controlled drug specified in Schedule 2.
Pose a high risk of harm.
- GHB
- MDMA
- Morphine
- Amphetamine
- Ephedrine
What is a Class C controlled drug and list 5 examples:
Controlled drug specified in Schedule 3.
Pose a moderate risk of harm
- Cannabis plant
- Cannabis seeds
- BZP
- Pseudoephedrine
- Controlled drug analogues
What Class of drugs do the offence of importing and exporting refer to?
ANY controlled drug, irrespective of class
Explain ‘guilty knowledge’ in relation to offending involving controlled drugs:
For a person to be guilty of an offence relating to controlled drugs they must have guilty knowledge.
It is not necessary for the Crown to prove such knowledge, guilty knowledge will be presumed in the absence of evidence to the contrary. It is therefore up to the defendant to raise reasonable doubt as to their state of mind.
R v Strawbridge
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.
Explain the liability in regards to mistake of nature of controlled drug
It would not be a defence to a charge of supplying heroin if the defendant believed the drug he had supplied was in fact Cocaine
Explain useable quantity:
In any drug offence the quantity of drug involved must be measurable and useable
Police v Emirali
The serious offence of possessing a narcotic does not extend to some minute and useless residue of the substance
What is relevant when deciding whether a Controlled drug is ‘measurable and useable’?
Depends on more than just the size and weight
the nature of the drug and the condition in which it is found are relevant
as is the question of whether it might reasonably be used to supplement other small samples found to create a larger useable quantity.
What can traces of a controlled drug be used for? (in terms of evidence)
Circumstantial evidence of previous possession.
Proving useable quantity:
While it is necessary that the amount of the controlled drug is of useable quantity, it is not necessary for the prosecution to prove that fact unless the defendant puts the matter in issue.
