Case Law

Question 1

Saxton v Police

Answer 1

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

Question 2

R v Hancox

Answer 2

• 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 NZs Territorial limits.
• importing into NZ for the purposes of s6(1)(a) is a process
• The element of importing exists 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 become available to the consignee or addressee.

Question 3

R v Strawbridge

Answer 3

• 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.

Question 4

Police v Emirali

Answer 4

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

Question 5

R v Rua

Answer 5

The words “produce” or “manufacture” in s6(1)(b) broadly cover the creation of controlled drugs by some form of process which changes the original substances into a particular controlled drug.

Question 6

R v Maginnis

Answer 6

[Supply involves] more than the mere transfer of physical control.. [it includes] enabling the recipient to apply the thing … to purposes for which he desires

Question 7

R v During

Answer 7

[An offer is] an intimation by the person charged to another that he is ready on request to supply to that other drugs of a kind prohibited by the statute

Question 8

R v Brown (Instances where Guilty)

Answer 8

The defendant is guilty in the following instances:
1 - offers to supply a drug that he has on hand (on hand)
2 - offers to supply a drug that will be procured at some future date (future)
3 - offers to supply a drug that he mistakenly believes he can supply (mistake)
4 - offers to supply a drug deceitfully, knowing he will not supply that drug. (Deceit)

Question 9

R v Brown (Charlie Brown)

Answer 9

The making of such an intimation, with the intention that it should be understood as a genuine offer, is an offence

Question 10

R v Forrest and Forrest

Answer 10

The best evidence possible in the circumstances should be adduced by the prosecution in proof of [the victims] age

Question 11

R v Cox (possession)

Answer 11

• Possession involves two elements
• the first, the physical part, is actual or potential physical custody or control
• the second, the mental part, is a combination of knowledge and intention
• knowledge is the sense of an awareness by the accused that the substance is in his possession
• and intention to exercise possession