Import/ export controlled drug

Question 1

What is the act/section and penalty for import/export

Answer 1

S6(1)(a) MODA 75

Life imprisonent

Question 2

What the 2 elements

Answer 2

1- Imports
Or
Export from NZ

2- any controlled drug

Question 3

Imports plus section

Answer 3

Imports-S2 Customs and excise act 96

In relation to any goods mean the arrival of the good in NZ Whether lawfully or unlawfully from a point outside NZ

Question 4

Saxton v police

Answer 4

Saxton v police

Import includes “to introduce from abroad or to be brought in from a foreign country”.

Question 5

R v Hancox

Answer 5

R v Hancox

Importing exists from the time the goods enter NZ and reach their immediate destination . And are no longer under the control of the appropriate authorities and have become available to the consignee or addressee

Question 6

Exports plus section

Answer 6

Export-S53 customs and excise act 96

The time of exportation is the time when the craft leaves the last customs
Place at which they craft calls immediately before proceeding to a point outside NZ

Question 7

Must prove guitly knowledge

• what 3 things must be proven

Answer 7

This will involve proof that the defendant

• knew about the importation/exportation
  And
• knew the substances was a controlled drug
  And
• intended to cause the importation/exportation

Question 8

R v Strawbrigde

Answer 8

It is not necessary for the crown to establish knowledge on the part of the accused. knowledge will be presumed but if there is evidence that the accused honestly believed on reasonable grounds the act was innocent then they are entitled to be acquitted unless the jury is satisfied beyond reasonable doubt that this is not so.

Question 9

Useable amount has case law?

Answer 9

In any drug offence the amount must be measurable and usable

Possessing a narcotic does not extend to a minute or useless residue of the substance.

Question 10

Controlled drug plus section?

Answer 10

Controlled drug - S2 MODA 75
Means any substance, preparation or mixture specified or described in schedule 1,2 or 3 of this act and includes any controlled drug analogue

Question 11

what 3 points need to covered for IMPORTS

Answer 11

Imports-S2 Customs and excise act 96

Saxton v Police

R v Hancox

Question 12

What 4 points need to be covered after selecting import or export?

Answer 12

guilty knowledge

R v Strawbrigde

Useable amount - Police v Emeralli

+

Controlled drug -s2 MODA75