Flashcards in Short Answers Deck (8)
The process of synthesis, combining components or processing raw materials to create a new substance.
To bring something into being, or to bring something into existence from it’s raw materials or elements.
When is manufacture complete
Offence is complete once the prohibited substance is created, whether or not it is in a useable form.
In terms of proving guilty knowledge, proof that the defendant deliberately turned a blind eye to the facts will suffice.
Willful blindness case law
R v Martin  NZCA 386
“… 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”.
What must the prosecution prove in relation to Offering to supply or administer
The prosecution must prove two elements
• the communicating of an offer to supply or administer a controlled drug (the actus reus)
• an intention that the other person believes the offer to be genuine (the mens rea)
Lack of knowledge case law
Martin v Police (1987) 3 CRNZ 373
Held: Criminality or want thereof is not to be determined by the lottery of the timing of apprehension, and in terms of whether memory is oscillating between conscious recall and unconscious mental storage. The nature of the type of case and of the defence of absence of knowledge requires a more specific evaluation of the nature of the defendant’s absence of recollection. In order for the defence to succeed there must be a total absence of memory.