Section 6(1)(a) - Imports/exports

Question 1

Common actions/methods of drug importers:

Answer 1

1. have drugs concealed in their person, or in their luggage
2. have another person (a ‘mule’) bring the drugs in for them
3. send or have drugs sent by international mail or courier
4. conceal drugs inside legitimate goods, for example within shipping containers

Question 2

Definition of ‘imports’ as per s5?

Answer 2

s5(a) 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

Question 3

A summary of the importing process?

Answer 3

Commences at the point of origin and continues until the drugs have reached the ultimate destination in New Zealand

Criminal liability arises as soon as the drugs cross New Zealand’s border

process of importation continues whilst the goods are in transit

Anyone who knowingly assists in facilitating the process up until that point may be liable as a party to the importation

Question 4

Mens rea of importing?

Answer 4

the crown must prove:

1. the defendants conduct in some way contributed to the actual importation of the drug
2. the defendants guilty knowledge

this includes proof that the defendant:
knew about the important, and
knew it was a controlled drug, and
intended to cause the importation.

Question 5

Wilful blindness

Answer 5

In terms of proving guilty knowledge, proof that the defendant deliberately turned a blind eye to the facts will suffice.

Case law, R v Martin

Question 6

Definition of New Zealand as per s5?

Answer 6

s5(a) New Zealand means the land and the waters enclosed by the outer limits of the territorial sea of New Zealand

Question 7

Definition of controlled drug

Answer 7

Means any substance, preparation, mixture, or article specified or described in schedule 1, schedule 2, or schedule 3 to this Act; and includes any controlled drug analogue

Question 8

Definition of a controlled drug analogue

Answer 8

Any substance that has a structure substantially similar to that of any controlled drug, but does not include-

(a) any substance specified in schedules 1 2 or 3 of this Act
(b) any pharmacy only medicine or prescription medicine
(c) an approved product within the Psychoactive Substances Act 2013

Question 9

Definition of a Class A controlled drug

Answer 9

Controlled drugs specified or described in schedule 1 of the MODA75

Their misuse poses a very high risk of harm to individuals or society

Question 10

Types of class A controlled drugs

Answer 10

cocaine
heroin
LSD
methamphetamine
shrooms

Question 11

Definition of a class B controlled drug

Answer 11

Controlled drugs specified or described in schedule 2 of the MODA75

Drugs that pose a high risk of harm to individuals or society

Question 12

Types of class B controlled drugs

Answer 12

Amphetamine
Cannabis preparations (oil or hashish)
GHB/Fantasy
MDMA/Ecstasy
Morphone
Opium
Pseudoephedrine
Ephedrine

Question 13

Definition of Class C controlled drug

Answer 13

means the controlled drugs specified or described in schedule C to the MODA75

Drugs that pose a moderate risk of harm to individuals or society

Question 14

Types of class C controlled drugs

Answer 14

Cannabis plant
cannabis seed
BZP
Controlled drug analogues

Question 15

Mistake as to nature of a controlled drug

Answer 15

Guilty knowledge is an essential elements, section 29 provides that is not a defence that the defendant did not know the substance in question was a particular controlled drug

(i.e. not a defence to mistake heroin for cocaine)

Question 16

Proving a usable quantity

Answer 16

It is necessarily that the drug be of a usable quantity

Under section 29(A), it is not necessary for the prosecution to prove that fact unless the defendant put the matter in issue

Question 17

Saxton v Police

Answer 17

Imports

To import includes “to introduce from abroad or cause to be brought in from a foreign country”

Question 18

R v Hancox

Answer 18

the bringing of goods into the country or causing them to be brought into the country does not cease as the aircraft or vessel enters New Zealand’s territorial limits. Importing into NZ for the purposes of 6(1)(a) is a process. The element of importing exists from the time the goods enter NZ until the reach their immediate destination”

Question 19

R v Strawbridge

Answer 19

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 hr part will be presumed, but if there is some evidence that the accused honestly believed on reasonable grounds that her ct was innocent, then she is entitled to be acquitted unless the jury is satisfied beyond a reasonable doubt that this was not so.

Question 20

Police v Emirali

Answer 20

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