Flashcards in Import/ Export Controlled Drug Deck (13):
Section 6(1)(a) Misuse of Drugs Act 1975
1) Imports Into / Exports From New Zealand
2) Any Controlled Drug
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.
Sec 2 Customs and Excise Act 1996
Time of Exportation
For the purposes of the act, the time of exportation is the time when the exporting craft leaves the last customs place at which it calls immediately before proceeding to a point outside New Zealand.
Sec 53 Customs and Excise Act 1996
Saxton v Police
To import includes to introduce from abroad or to cause to be imported from a foreign country.
R v Hancox
The element of importing exists from the time the goods arrive in New Zealand until they reach their immediate destination...
i.e when they have ceased to be under the control of the appropriate authorities and have become available to the consignee or addressee.
Crown to prove guilty knowledge
The crown must not only prove 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 the defendant:
1) knew about the importation and
2) knew the imported substance was a controlled drug and
3) intended to cause the importation
R v Strawbridge
If there is some evidence that the accused honestly believed that her act was innocent, then she is entitled to be acquitted unless the jury is satisfied beyond reasonable doubt that was not so.
R v Strawbridge
In any drug offence, the quantity of the drug involved must be measurable and useable.
Police v Emeralli
The serious offence of possessing a narcotic does not extend to some minute and useless residue of the substance
Means any substance, preparation, mixture or article specified in schedule 1, schedule 2, or schedule 3 of this act and includes any controlled drug analogue.
Sec 2 Misuse of Drugs Act 1975