Import/Export Controlled Drug

Question 1

What is the act, section and punishment for import/export controlled drug?

Answer 1

Section 6(1)(a), Misuse of Drugs Act 1975

Life Imprisonment

Question 2

What are the elements of import/export controlled drug?

Answer 2

1a) Imports into New Zealand
OR
1b) Exports from New Zealand

2) Any Controlled Drug

Question 3

Explain the following element of import/export controlled drug:

Imports into NZ

Answer 3

Imports:

• 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. - s2 Customs and Excise Act 1996
• To import includes “to introduce from abroad or to cause to be brought in from a foreign country.” - Saxton v Police
• The element of importing exists from the time the goods enter New Zealand 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 consignee or addressee - R v Hancox

GUILTY KNOWLEDGE - STRAWBRIDGE
USEABLE QUANTITY - EMERALI

Question 4

Explain the element of, ‘any controlled drug’

Answer 4

Means any substance, preparation, mixture or article specified or described in schedule 1, 2 or 3 of this Act and includes any controlled drug analogue. - s2 Misuse of Drugs Act 1975

Question 5

Explain the relevance of willful blindness to proving knowledge of importation/exportation

Answer 5

To be willfully blinds means to have a suspicion about something but intentionally refrain from making inquiries that would confirm the suspected truth.

Where it can be prove that a defendant was willfully blind this will suffice for guilty knowledge.

Question 6

Explain the following element of import/export controlled drug:

Exports from NZ

Answer 6

For the purposes of the Act, the time of exportation is the time when the exporting craft leaves the last Customs place at which that craft calls immediately before proceeding to a point outside New Zealand. - s53 Customs and Excise Act 1996

GUILTY KNOWLEDGE - STRAWBRIDGE
USEABLE QUANTITY - EMERALI

Question 7

Explain the requirements of guilty knowledge and useable quantity as they relate to importing/exporting drugs

Answer 7

Guilty Knowledge:
Proving guilty knowledge will involve proof that the defendant:
- Knew about the importation/exportation, and
- Knew the imported/exported substance was a controlled drug, and,
- Intended to cause the importation/exportation.

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 will be presumed, but if there is some evidence that the accused honestly believed on reasonable grounds that their act was innocent, then they are entitled to be acquitted unless the jury is satisfied beyond reasonable doubt that this was not so. - R v Strawbridge.

Useable Amount:
In any drug offence the quantity of drug involved must be measurable and useable.

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