Definitions Flashcards
(14 cards)
Imports
Importation
Sec. 2 Customs and Excise Act 1996
(a) 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
Saxton v Police
To import includes “to introduce from abroad or to cause to be brought in from a foreign country”.
R v Hancox
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”.
Guilty Knowledge (Importing)
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
R v Strawbridge
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.
Useable Amount
Police v Emerali
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”.
Controlled drug
Sec. 2, Misuse of Drugs Act 1975
Means any substance, preparation, mixture or article specified or described in Schedule 1, Schedule 2, or Schedule 3 of this Act and includes any controlled drug analogue.
Supply
Sec. 2, Misuse of Drugs Act 1975
Includes to distribute, give or sell.
Must prove Guilty Knowledge:
This will involve proof that the defendant:
- knew about the Possession, and
- knew the possessed substance was a controlled drug, and
- intended to carry out either (c), (d) or (e),
Possession
Possession may be actual or constructive
Actual Possession
Actual possession arises where the thing in question is in a person’s
physical custody; it is on or about their person, or immediately at hand.
Ideal Possession: (Actual)
Warner v Metropolitan Police Commissioner
The term “possession” must be given a sensible and reasonable meaning
in its context. Ideally, a possessor of a thing has:
- Complete physical control over it
- Knowledge of its existence, its situation and its qualities
Sec. 6(1)(c), Misuse of Drugs Act 1975
Supply or administer, or offer to supply or administer, any Class A
controlled drug or Class B controlled drug to any other person, or otherwise
deal in any such controlled drug;
Dealing with controlled drugs - Presumption
Sec. 6 Misuse of Drugs Act 1975
For the purposes of subsection (1)(f), a person is presumed until the
contrary is proved to be in possession of a controlled drug for any of the
purposes in subsection (1)(c), (d), or (e) if he or she is in possession of the
controlled drug in an amount, level, or quantity at or over which the
controlled drug is presumed to be for supply (see section 2(1A)).