Questions 01 Flashcards
(SA) Definition of exportation
S53 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.
Controlled drug definition
Means any substance, preparation, mixture, or article specified or described in Schedule 1,
Schedule 2, or Schedule 3 to this Act; and includes any controlled drug analogue.
Class A/B/C definition
Means the controlled drugs specified or described in Schedule 1/2/3 to this Act; and includes
any controlled drug analogue.
(MC) Controlled drug analogue – which Class?
Class C
(SA) 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.
(SA) 3 thing to prove guilty knowledge
- Knew about …,(offence eg import/export) and
- Knew the … substance was a controlled drug, and
- Intended to cause the …
In relation to importing, when is someone liable and when does liability cease? / When is importation complete? / What must be proved for importation?
Criminal liability arises as soon as the drugs cross NZ’s border, and an importer may therefore be convicted under s6(1)(a) even if the drugs are intercepted by Customs and never reach the addressee (the intended recipient).
However the offence does not end at the border; the process of importation continues while the goods are in transit, and only concludes when they have reached their final destination and are available to the consignee.
Anyone who knowingly assists in facilitating the process up until that point may be liable as a party to the importation.
Importing into NZ for the purposes of s6(1)(a) is a process. The element of importing exists from the time the goods
enter NZ 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.
Wilful blindness
In terms of proving guilty knowledge, proof that the defendant deliberately turned a blind eye to the facts will suffice.
In R v Martin the defendant was arrested when she arrived at Auckland Airport with over $4 million worth of cocaine in her suitcase.
She claimed she had no knowledge of the drugs despite the highly suspicious circumstances in which she had obtained the suitcase from Nigerian organised criminals.
In this matter the Judge stated “…it will suffice if the Crown can prove beyond reasonable doubt that the accused (importer) had her suspicions aroused as to what she was carrying, but deliberately refrained from making further inquiries or confirming her suspicion because
she wanted to remain in ignorance.
If that is proved, the law presumes knowledge on the part of the accused. The fault lies in the deliberate failure to inquire when the accused knows there is reason for inquiry”.
(SA) R v Rua
The words produce or manufacture in s6(1)(b) broadly cover the creation of controlled drugs by some form of process which changes the original substances into a particular controlled drug.
(MC) Difference between produce and manufacture
Produce – bring something into being or to bring something into existence from its raw materials or elements.
Manufacture – the process of synthesis; combining components or processing raw materials to create a new substance.
