Case Law Flashcards
Learn relevant case law
Saxton v Police
To import includes to introduce from abroad or to cause to be brought in from a foreign country
R v Hancox
Bring into the country (or causing them) does not cease as the aircraft/vessel enters NZ territory (12 nautical miles off land mass). The process has finished when they are no longer under the control of the appropriate authorities and have become available to the cosignee or addressee
R v Strawbridge
It is not up to the crown to prove guilty knowledge. Knowledge will be assumed unless there is evidence to the contrary and the Jury are satisfied beyond reasonable doubt.
If there is some evidence that the accused honestly believed on reasonable grounds that her act was innocent, then she is in titled to be acquitted.
Police v Emerali
The serious offence of possessing a narcotic does not extend to some minute and useless residue of the substance.
R v Rua
Produce/Manufacture broadly cover the creation of controlled drugs by some form of process which changes the original substances into a particular controlled drug
R v Maginnis
Supply involves more than the mere transfer of physical control… And includes enabling the recipient to apply the thing… To purposes for which he desires
R v During
Act - Offers
An offer suggests that the person charged is ready on request to supply to prohibited drugs to another person.
R v Brown
(Intent - Offers)
4 Examples
Making the suggestion/offer with the intent for that to be taken as a genuine offer, is an offence.
Examples: The defendant is guilty in the following instances:
(1) offers to supply a drug that he has on hand
(2) offers to supply a drug that will be procured at some future date
(3) offers to supply a drug that he mistakenly believes he can supply
(4) offers to supply a drug deceitfully knowing he will not supply that drug
R v Forrest and Forrest
The best evidence possible in the circumstances should be produced by the prosecution in proof of the victims age
R v Cox
Possession involves two elements.
The first, the physical element, is actual or potential physical custody or control.
The second, the mental element, is a combination of knowledge and intention; knowledge in the sense of an awareness by the accused that the substance is in his Possession; and an intention to exercise Possession
R v Rankine
It is in the public interest that nothing should be done to discourage members of the public from coming forward to provide information to the police. The reason which gives rise to the rule that an informer is not to be identified, apply with equal force to the identification of the owner or occupier of the premises used for surveillance and to the identification of the premises themselves.
R v McGinty - disclosure..
Disclosure of the identity of alleged informants was not required under the act, and the trial judge was correct in deleting from application certain parts which would have been likely to lead to the identification of informants. However, the trial judge was entitled to insist on disclosure if he saw fit.
R v McGinty - the evidence..
The evidence in the present case of continued heroin dealing, and in respect of which the Orthodox techniques such as searching premises and following vehicles had been tried without success, was sufficient. A judge was not required to refuse a warrant because the police had not exhausted every conceivable alternative technique of investigation
