Section 6 (1)(a) - Imports into or exports from NZ

Question 1

How would people import drugs in NZ?

Answer 1

• Conceal on them or in luggage
• Have another bring them in NZ (mule)
• Send them via courier/mail
• Conceal them in good ex) packaging

Question 2

Definition for Imports

Answer 2

Importation

a) in relation to goods, means the arrival of goods in NZ in any manner, whether lawfully or unlawfully, from a point outside NZ

Question 3

What is the Importing Process?

Answer 3

Commences at the point of origin and it continues until the drugs have reached their ultimate destination in NZ.

Question 4

Mens rea of Importing

Answer 4

Crown must prove:
- Defendants conduct in some way contributed to the actual importation BUT also prove the guilty knowledge:

• Knew about the importation AND
• Knew the imported substance was a controlled drug AND
• Intended to cause the Importation

Question 5

What is Wilful Blindness?

Answer 5

Proving Guilty Knowledge - Proof that the defendant deliberately turned a blind a to the facts will suffice.

R v Martin = Defendant arrived in NZ with $4Mil with cocaine, claimed no knowledge despite highly suspicious circumstances from Nigerian Organised Crime.

IF Crown can prove beyond Reasonable Doubt that the Defendant was aroused/suspicious to package but REFRAINED from making enquiries or confirming her suspicion as she wanted to remain ignorant - IF proved, it presumes knowledge.

Question 6

Definition for NZ?

Answer 6

Means the land and the waters enclosed by the outer limits of the territorial sea is 12 nautical miles from the land mass of NZ

Question 7

Any controlled drug?

Answer 7

Controlled Drug

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

What is Class A Drugs?

Answer 8

• Cocaine
• Heroin
• LSD
• Meth
• Magic Mushrooms

Question 9

What type of risk is Class A Drug?

Answer 9

Very High Risk

Question 10

What is Class B Drug?

Answer 10

• Amphetamine
• Cannabis Prep (Cannabis Oil and Hash)
• GHB (Fantasy)
• MDMA (Ecstasy)
• Morphine
• Opium
• Pseudoephedrine
• Ephedrine

Question 11

What type of risk is Class B Drug?

Answer 11

High Risk

Question 12

What is Class C Drug?

Answer 12

• Cannabis Plant
• Cannabis Seeds
• Benzylpiperazine (BZP)
• Controlled Drug Analogues

Question 13

What type of risk is Class C Drug?

Answer 13

Moderate Risk

Question 14

What is Guilty Knowledge?

Answer 14

R v STRAWBRIDGE (1970)

For a person to be guilty of an offence relating to controlled drugs they must have GUILTY KNOWLEDGE, a person who innocently possesses something they genuinely believed was not a controlled drug has a defence.

Question 15

Mistake as to nature of controlled drug?

Answer 15

Section 29 - provides that it is not a defence the defendant didn’t know the substance was a particular controlled drug alleged.

Ex) 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.

Question 16

Useable Quantity?

Answer 16

POLICE v EMERALI (1976)

Drugs must be measurable and useable. Court of Appeal held that the purpose of the statue is not to prohibit the existence of controlled drugs per se, but to prevent their illicit use, and it was therefore necessary for the drugs found to be of a useable quantity.

Question 17

Proving Useable Quantity?

Answer 17

Section 29A - Not necessary for the prosecution to prove that fact UNLESS the Defendant puts the matter in issue.