Importing drugs (Section 6(1)(a) Misuse of Drugs Act 1975)

Charge 1: Importing drugs under section 6(1)(a) of the Misuse of Drugs Act 1975

The Crown must prove each element of the offence. That is called the burden of proof. The Crown carries that burden. Also, the Crown must prove each element beyond reasonable doubt. This is called the standard of proof. It means that you must be sure that each element is proved.

1.	Are you sure that a quantity of material was brought [imported] into New Zealand in suitcases at Auckland Airport on 1 January 2019?
	If no, find Mr Smith not guilty. If yes, go to question two.
2.	Are you sure that the imported material was a controlled drug [specify if possible]?
	If no, find Mr Smith not guilty. If yes, go to question three.
3.	Are you sure that, prior to the completion of the importation, Mr Smith was involved with and/or assisted the importation?
	If no, find Mr Smith not guilty. If yes, go to question four.
4.	Are you sure that Mr Smith intended that the suitcases and their contents be brought into New Zealand?
	If no, find Mr Smith not guilty. If yes, go to question five.
5.	Are you sure that, at the time he brought the suitcases into New Zealand, Mr Smith knew that the suitcases contained a controlled drug or was reckless as to whether they contained a controlled drug?
	[Note: The mental element of the offence is assumed in the absence of evidence suggesting otherwise. Therefore, this issue will only need to be put to the jury where the defendant has pointed to some evidence to raise the issue. If there is such evidence, the Crown is required to prove the mental element beyond reasonable doubt.] The Crown does not need to prove that Mr Smith knew the exact nature of the imported drug. It will be sufficient to prove that he knew the drug was a controlled drug of some kind. “Reckless” means that Mr Smith recognised that there was a real possibility that the suitcases contained a controlled drug and, having regard to that possibility, his actions were unreasonable. “Unreasonable” actions are actions that a reasonable and prudent person would not have taken. If no, find Mr Smith not guilty. If yes, find Mr Smith guilty.