New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Presumption of supply under misuse of drugs act

  • 1 Oct 2020

    R v HAKARAIA [2020] NZHC 2577

    Citation
    [2020] NZHC 2577
    Court
    High Court

    Despite quantities of cocaine at the high end invoking the presumption of supply, the combination of first appearance, demonstrable good character, evidence of personal consumption, cessation of use and early guilty plea justified imposing the maximum available fine of $1,000 on each count rather than imprisonment or a community-based sentence.

    • Possession of controlled drugs
    • Cocaine
    • Fine as sentence
    • Presumption of supply under misuse of drugs act

  • 4 May 2016

    BENNETT v R [2016] NZCA 170

    Citation
    [2016] NZCA 170
    Court
    Court of Appeal

    Extension of time was granted, but the appeal was dismissed because, even accepting the appellant's claim of threats, the factual matrix (physical possession, concealment, associated paraphernalia and cash, and the appellant's conduct and admissions) left no tenable defence on the mental element or to the presumption of supply; the case against him was overwhelming so no miscarriage of justice would result from refusing to withdraw the plea.

    • Possession of methamphetamine for supply
    • Withdrawal of guilty plea
    • Extension of time to appeal
    • Miscarriage of justice
    • Presumption of supply under misuse of drugs act