William Duffield McKee v The Queen - SC 86/2013

Criminal Appeal – Misuse of Drugs Act 1975, s 8(2) – Appeal against conviction – Whether the Court of Appeal erred in concluding that s 8(2)(c) does not mean that persons who are legitimately able to be prescribed cannabis for medical purposes should be able to grow the plant for this purpose, given the absence of lawful retail suppliers – Whether the Court of Appeal erred in concluding that s 8(2)(c) does not allow a GreenCross card holder lawfully to supply another GreenCross card holder with cannabis grown for medicinal purposes – Constitutional challenge – Whether the Court of Appeal erred in finding that the courts cannot overrule, repeal, revoke, amend or not apply provisions of the law which are inconsistent with the New Zealand Bill of Rights Act 1990 or which contravene cl 29 of the Magna Carta 1297 – Whether the Court of Appeal erred in finding that the trial Judge did not misdirect the jury – Entrapment – Whether the Court of Appeal erred in finding that the undercover officer did not go further than creating an “unexceptional opportunity” for the applicant to offend.[2013] NZHCA 387   CA 781/2012