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Question 1

Is it possible to be charged with “Attempted Possession” (Use case law)

Answer 1

Police v Jay
Chilwell J held that the commission of the offence of receiving cannabis was not legally impossible, although in the circumstances it was factually impossible. As the respondent had criminal intent and did an act for the purpose of accomplishing his object he was guilty of an attempt to commit an offence.

Question 2

What is a controlled delivery?

Answer 2

A controlled delivery occurs when a consignment of illicit drugs is detected, often concealed in some other goods, in circumstances making it possible for the delivery of those goods to be made under the control and surveillance of NZ Customs and Police officers, with a view to identifying and securing evidence against those involved for the importation/exportation

Question 3

In relation to importing, when is someone liable and when does the liability cease

Answer 3

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 reach the addressee.
However 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 and are available to the consignee.

Question 4

What are the 4 things to be done in the first 24 hours? (O/C phones)

Answer 4

• Trapping’ or ‘pre loading’ phone data
• TSP Liaison
• Draft a search warrant application early
• Execute section 6 search warrants daily

Question 5

What must be proved for importation (Mens Rea)

Answer 5

The Crown must prove not only that the defendant’s conduct in some way contributed to the actual importation of the drug, it must also prove the defendant’s guilty knowledge.
This will involve proof that the defendant:
• knew about the importation, and
• knew the imported substance was a controlled drug, and
• intended to cause the importation