High Court Wellington
7, 25 March 1975
Mahon J
7, 25 March 1975
Mahon J
Criminal law — Attempt to commit crime — Accused had picked up a bag which he believed contained a narcotic but in fact contained paper — Accused committed for trial on an information of "having in possession" a narcotic - "Having in possession" is neither an act or omission — Crimes Act 1961, ss 2, 72. Accused having been discharged on the information of "having in possession" a narcotic could be charged of attempting to receive a narcotic which is a different offence — Narcotics Act 1965, ss 5(1)(e); 6(1).
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