6. Prosecution Procedures Flashcards
Section 6 Offences
(Cat 3)
• importing or exporting
• producing or manufacturing
• supplying or administering, or offering to supply or administer
• selling or offering to sell (Class C only)
• possessing for any of the above purposes any controlled drug.
Section 7 Offences
(Cat 2)
• possession and consuming controlled drugs
• supplying, administering or offering to supply or administer Class C controlled drugs.
Large Scale Dealing
(Class A)
•Suspected dealing in quantity 5 times the presumption threshold.
Other evidence of large scale operation, audio interception
(Class B)
•Suspected dealing in quantity 10 times the presumption threshold.
Other evidence of large scale operation, audio interception
(Class C)
•Other evidence of large scale operation, audio interception
3 offences automatically prosecuted by crown
- s6(1)(b) or 2A production or manufacture or or conspiracy to produce or manufacture methamphetamine
- s10 aiding offences against corresponding law of another country
- s12C commission of offences outside NZ
Categories of Cannabis Cultivation
Cat1- Personal Use
Cat2- small scale commercial use (for profit)
Cat3- Large Scale
Filing Charges (Section 28 MODA)
Section 28(a) - No time Limits dealing (s6) cultivating (s9) aiding offences against corresponding law in another country (s10).
Section 28(b)- 4 Years. all other MODA offences
Section 16 Bail Act
Judge may only grant bail for dealing offences, of defendant charged or convicted for dealing offences.
Section 17A Bail Act
Restrictions of Bail of Defendant charged with Serious Class A drug offence
- 17/18+
- Not allowed bail without satisfying to a judge bail or remand at large should be granted.
- Must satisfy won’t commit any drug dealing offences
- All Section 6 a, b, c, f (include attempts) and 12C(1)(c).
Drug Dealing Offence as per Bail Act S3
All Section 6 (include attempts) and 12C(1)(c) relating to class A or B,
Bail application process
- Application for bail made by the defendants counsel.
- OC should forward instructions regarding bail to prosecutor, regardless if bail is opposed. Provides fall back in case bail is granted.
- If bail is to be opposed full detailed reasons for opposing must be given.
- Judge will remand the defendant.
Analysis Evidence
A certificate of analysis may be produced in Court instead of calling oral evidence in offences concerning controlled drugs (s31 Misuse of Drugs Act 1975).
For certificate of analysis to be produced/admissible you must ensure:
- Chain of evidence unbroken
- Material not tampered or contaminated
- Defence is aware, given reasonable time to prepare a defence.
Delivery of Drugs to ESR (Section 31(2))- 2 methods
- in person to the analyst who is to issue the certificate, or to a person authorised by the analyst to receive it
- by registered post or by courier post with signature required in a sealed package to an employee who has been authorised by the analyst in charge at the laboratory.
Delivery of Drugs is OC responsibility, OC must be able to:
- Describe packaging to prove chain of evidence, sealing and labeling.
- Quote the registered article number and other details of the registered mail.
- Produce the receipt of its delivery to the ESR
Delivery to Analyst (Section 31)
Police/Police employee can deliver to ESR
Must cross reference
- name of the person who signed the certificate ‘upon receipt of the exhibit’
- receipt signature on the POL 143 form
- evidence of the police member who delivered the drug to the ESR.
