Import/Export Controlled Drug Flashcards Preview

Drug Offences Liabilities > Import/Export Controlled Drug > Flashcards

Flashcards in Import/Export Controlled Drug Deck (10)
Loading flashcards...
1
Q

Import/Export Controlled Drug - section and ingredients

A

Section 6(1)(a) misuse of drugs act 1975 - Life Imp

  1. Imports into or exports from NZ
  2. Any controlled drug
2
Q

What is imports/importation

A

Section 2 of Customs and Excise Act 1996

In relation to any goods means the arrival of the goods in NZ in any manner, whether lawfully or unlawfully, from a point outside of NZ

3
Q

What is the time of exportation

A

Section 53 Customs and Excise Act 1996

For the purposes of this act, the time of exportation is the time when the exporting craft leaves the last customs place at which that craft calls immediately before proceeding to a point outside NZ

4
Q

Saxton v Police on importing

A

To import includes to introduce from abroad or to cause to be brought in from a foreign country

5
Q

R v Hancox on importing

A

The element of importing exists from the time the goods enter NZ 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

6
Q

What must the crown prove in relation to importation

A

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 defendants 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
7
Q

R v Strawbridge on establishing the knowledge of the accused

A

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 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

8
Q

what is the quantity threshold for any drug offence

A

In any drug offence the quantity of the drug involved must be measurable and useable

9
Q

Police v Emerali on quantity

A

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

10
Q

Controlled Drug definition under section 2 of the MODA 1975

A

Means substance, preparation, mixture or article specified or described in schedule 1, schedule2, or schedule 3 of MODA 1975 and includes any controlled drug analogue