19 Oct 2018
MUNDELL v R [2018] NZHC 2717
- Citation
- [2018] NZHC 2717
- Court
- High Court
The presumption in s 6(6) Misuse of Drugs Act 1975 applies only where the defendant faces a corresponding charge of possession for supply and the prosecution establishes possession of the requisite quantity beyond reasonable doubt; commerciality in an importation case is an aggravating fact governed by s 24 and the Crown must prove it beyond reasonable doubt. The District Court judge erred in reversing the burden. The sentence is quashed and the matter remitted for re-sentencing.