Day 7: Drug Caselaw

Question 1

R v Strawbridge

Answer 1

It is not necessary for the crown to establish knowledge on the part of the accused. Knowledge will be presumed, unless there is evidence that they honestly believed on reasonable grounds that their act was innocent, then they are entitled to equittal.

Question 2

Police v Emerali

Emerali/minute

Answer 2

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

Question 3

R v Hancox

Answer 3

“Importation” involves active conduct. It does not cease as the aircraft or vessel enters NZ territorial limits.

Question 4

R v Rua

Rua is two

Answer 4

The words “produce” and “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 5

R v During

An offer is an indication by

Answer 5

An offer is an indication by the person charged to another that he is ready on request to supply prohibited drugs

Question 6

R v Brown

the making of an indication…

Answer 6

“the making of an indication, with intention that it should be understood as a genuine offer, is an offence

Question 7

R v Forrest and Forrest

Answer 7

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