Court of Appeal Wellington
28 February 1990
Richardson, Hardie Boys and Heron JJ
28 February 1990
Richardson, Hardie Boys and Heron JJ
Criminal law — Offences — Drugs — Possession of lysergide for supply — Whether possession of a controlled drug and the purpose for possession are distinct matters — Whether possession involves physical custody or control by the accused, knowledge that the drug is in his possession and an intention to exercise possession — Whether prosecution must prove an illegal purpose in order to establish possession — Misuse of Drugs Act 1975, s 6.
Criminal law — Defences — Possession of a controlled drug either to prevent commission of an offence by another person or to deliver it up to a person lawfully entitled to have possession of it — Whether this defence, in s 7(3) of the Misuse of Drugs Act, is available on a charge of possessing a controlled drug for supply — Misuse of Drugs Act 1975, ss 6 and 7(3).
Loading... Please wait...
