Flashcards in Import/Export Controlled Drug Deck (7)
Loading flashcards...
1
What is the act, section and punishment for import/export controlled drug?
Section 6(1)(a), Misuse of Drugs Act 1975
Life Imprisonment
2
What are the elements of import/export controlled drug?
1a) Imports into New Zealand
OR
1b) Exports from New Zealand
2) Any Controlled Drug
3
Explain the following element of import/export controlled drug:
Imports into NZ
Imports:
- 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. - s2 Customs and Excise Act 1996
- To import includes "to introduce from abroad or to cause to be brought in from a foreign country." - Saxton v Police
- 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 - R v Hancox
GUILTY KNOWLEDGE - STRAWBRIDGE
USEABLE QUANTITY - EMERALI
4
Explain the element of, 'any controlled drug'
Means any substance, preparation, mixture or article specified or described in schedule 1, 2 or 3 of this Act and includes any controlled drug analogue. - s2 Misuse of Drugs Act 1975
5
Explain the relevance of willful blindness to proving knowledge of importation/exportation
To be willfully blinds means to have a suspicion about something but intentionally refrain from making inquiries that would confirm the suspected truth.
Where it can be prove that a defendant was willfully blind this will suffice for guilty knowledge.
6
Explain the following element of import/export controlled drug:
Exports from NZ
For the purposes of the 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 New Zealand. - s53 Customs and Excise Act 1996
GUILTY KNOWLEDGE - STRAWBRIDGE
USEABLE QUANTITY - EMERALI
7
