Section 6(1)(a) Imports Into Or Exports From NZ Flashcards
Importation Definition
In relation to any goods, means the arrival of goods in New Zealand in any manner, whether lawfully or unlawfully, from a point outside NZ
In relation to importation section 6(1)(a) when does criminal liability arise?
As soon as the drugs cross NZ border, the importer may be convicted even if it never reached the addressee.
When can someone be consider as party to importation?
When they knowingly assist in facilitating the process.
The crown must prove the defendants conduct in some way contributed to the actual importation of the drug and what?
The defendants guilty knowledge.
This will involve proof that the defendant
- knew about the importation
- knew the imported substance was a controlled drug
- intended to cause the importation
What is wilful blindness?
In terms of proving guilty knowledge, proof that the defendant deliberately turned a blind eye to the facts will suffice
Definition of New Zealand
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 Section 2 MODA 1975
Means any substance, preparation, mixture or article specified or described in Schedule 1,2 or 3 in this act and includes any controlled drug analogue.
It is not practical to list every conceivable substance capable of causing harm to users, legislation therefore recognises the existence of controlled drug analogues, give the definition of controlled drug analogue as per Section 2 MODA 1975
Mean any substance such as the substances specified or described in Part 7 of schedule 3 to this act …
Definition Class A Controlled drug
Means the controlled drug specified or described in Sechedule 1
They are considered VERY high risk and include.
- Cocaine
- Heroin
- LSD
- Methamphetamine
- Psilocybine (Magic Mushrooms)
Definition of Class B drugs
Means the controlled drugs specified or described in Schedule 2
Considers HIGH risk and include.
- Amphetamine
- Cannabis oil and hash
- GBH
- MDMA
- Morphine
- Opium
- Pseudoephedrine
- Eohedrine
Definition of Class C drug
Means the controlled drugs described in schedule 3
Considered MODERATE risk and include:
- Cannabis Plant
- Cannabis seeds
- Benzylpiperazine BZP
- Controlled drug analogues
Explain Guilty Knowledge
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.
The Crown do not need to prove it is up to the defendant to raise reasonable doubt as to their state of mind.
Section 29?
Section 29 provides that it is not a defence that the defendant did not know the substance in question was the particular drug alleged.
Ie, it would not be a defence to a charge of supplying heroin if the defendant believed it to be cocaine
Section 29A?
Proving useable quantity
While it is necessary that the amount of the controlled drug is of a useable quantity under this section it is not necessary for the prosecution to prove that fact unless the defendant puts the matter in issue.
Saxton v Police
To import includes to introduce from abroad or to cause to be brought in from a foreign country.
R v Hancox
The bringing of good into the country or causing them to be brought into the country does not cease as the aircraft or vessel enters NZ’s territorial limits. Importing into NZ for teh purposes of s 6(1)(a) is a process. The element of importing exist from the time the goods enter NZ until they reach their immediate destination ie when they have ceased to be under the control of the appropriate authorities and have become available to the consigned or addressee.
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.
Police v Emerali
The serious offence of ..possessing a narcotic does not extend to some minute and useless residue of the substance.
