Bully

Question 1

Four things to consider with an Observation post for a controlled delivery

Answer 1

Camera OP requirements versus intercept requirements

Whether a Surveillance device warrant is required

The staff having to occupy the OP

Profiling a potential address

1. Proximity to target address, close enough to be effective, far enough away to be unobtrusive
2. Unobstructed line of sight to target address
3. Access to and from address without arousing suspicion
4. Phone lines available in street

Profile the address

Question 2

Ingredients of obstructs Section 16 MODA75

Answer 2

Every person commits an offence who

Willfully obstructs, hinders, resists, or deceives any other person in the execution of any powers conferred on that person pursuant to this Act

Question 3

R v Strawbridge

Answer 3

R v Strawbridge
It is not necessary for the Crown to establish knowledge in the part of the accused. In absence of evidence to the contrary knowledge on her part will be presumed

Question 4

90 second rule for clan lab entry

Answer 4

The rule assumes that if offenders are present and moving inside the Laboratory then the atmosphere will sustain life. It assumes that the IET (Intial entry team) may safely enter and extract suspects for a period of up to 90 seconds

Question 5

Presumption for supply LSD, cannabis, meth and cocaine

Answer 5

LSD - 2.5 milligrams 25 flakes, tablets
Cannabis - 28 grams - 100 cigarettes
Meth - 5 grams
Cocaine - 0.5 grams
Cannabis resin - 5 grams

Question 6

4 ways a controlled delivery could come about

Answer 6

1. International Mail center
2. International Airport
3. Imported Air freight
4. Imported sea freight

Question 7

Ingredients of allowing premises

S12 MODA 75

Answer 7

Knowingly permits
Any premises
To be used for the purpose of the commission of an offence against this act

Question 8

3 things that must be proven for supplying equipment - section12A(1) moda75

Answer 8

• the Defendant has supplied, produced or manufactured equipment, material or precursors
• those items are capable of being used in the production or
• the defendant knows those items are to be used for such an offence by another person

Question 9

4 times when a surveillance device warrant is required - section46 s&s act2012

Answer 9

(a)
use of an interception device to intercept a private communication:
(b)
use of a tracking device, except where a tracking device is installed solely for the purpose of ascertaining whether a thing has been opened, tampered with, or in some other way dealt with, and the installation of the device does not involve trespass to land or trespass to goods:
(c)
observation of private activity in private premises, and any recording of that observation, by means of a visual surveillance device:
(d)
use of a surveillance device that involves trespass to land or trespass to goods:
(e)
observation of private activity in the curtilage of private premises, and any recording of that observation, if any part of the observation or recording is by means of a visual surveillance device, and the duration of the observation, for the purposes of a single investigation, or a connected series of investigations, exceeds—
(i)
3 hours in any 24-hour period; or
(ii)
8 hours in total.

Question 10

S16 of Bail Act

Answer 10

A defendant who is charged with or convicted of a drug dealing offence may be granted bail by order of a high court judge or district court judge

Question 11

Internal search
S23 of Search and surveillance
VS 13A of the Misuse of drugs Amendment Act 1978

Answer 11

S23 only applies when a person is under arrest pursuant to sections 6,7,or 11 of the MODA 75 and relates to Class A, B and C controlled drugs
And there is RTGB that they are internally concealing evidence

13A is for dealing with people who are believed to be internally concealing drugs. The person must not be under arrest and be believed to be concealing class Air B drugs only.

Question 12

Who leads the controlled drug delivery operation

Answer 12

Customs

Question 13

How many days can a surveillance warrant be in force

Answer 13

60 days

Question 14

Difference between obstruction in summary offences act and moda75

Answer 14

(obstruct anyone in the execution of power under moda75

Summary offences is any authorised officer

Question 15

Presumption for supply LSD

Answer 15

Presumption for supply LSD - 2.5 milligrams or 25 flakes

Question 16

Delivery of exhibit to ESR

Answer 16

Must be in person by police not by courier

Question 17

John gave his mate an analogue of meth - is he guilty of supplying class A or class C or something else

Answer 17

Class C - all analogues are class C

Question 18

Jenny met new boyfriend overseas who later gave her a new suitcase with drugs inside but she did not bother to check it before went through customs .

Answer 18

Jenny is she guilty of importation (related to wilful blindness).

Question 19

Controlled drug meaning

Answer 19

Means any substance, preparation, mixture or article specified or described in schedule 1, 2 or 3 to this Act ; and includes any controlled drug analogue

Question 20

R v Rua

Answer 20

R v Rua
The words produce or manufacture in s6(1)(b) broadly cover the creation of controlled drugs by some form of process which changes the original substances into a particular controlled drug

Question 21

Ingredients of permits premises - section12 moda75

Answer 21

Knowingly

Permits any premise, vessel, aircraft, hovercraft, motor vehicle, or mode of conveyance

To be used for the purpose of the commission of an offence against the MODA 75

Question 22

Does a CHIS have to be named in a warrant - legislation section64 evidence act or case law

Answer 22

S64 of the Evidence Act 2006 grants privilege to informers that protects their identity and extends to information that is likely to disclose identity

R v McGinty
Disclosure of the identity of alleged informants was not required under the Act, and the trial judge was correct in deleting from the application certain parts which would have been likely to lead to the identification of informants.
However the trial judge was entitled to insist on disclosure if he saw fit

Question 23

Is it possible to be charged with attempted possession

Answer 23

Yes it is an offence to attempt to gain possession of a drug.
R v Jay the defendant was found in possession of a plastic bag containing plant material. The defendant admitted that he thought it was cannabis and that he had purchased it from another person.
On analysis the plant material was found to be hedge clippings.
Guilty of an attempt as he had the required criminal intent.

Question 24

What is a controlled delivery

Answer 24

A controlled delivery occurs when a consignment of illicit drugs is detected often in some other goods, in circumstances making it possible for the delivery of those goods to be made under the control and surveillance of NZ Customs and police, with a view to identifying and securing evidence against those involved for the importation /exportation

Question 25

In relation to importing, when is someone liable and when does liability cease

Answer 25

R v Hancox
The elements of importing exists from the time the goods enter NZ until they reach their immediate destination. I. E when they have ceased to be under the control of the appropriate authorities and have become available to the consignee or addressee

Question 26

4 things that must be done in first 24 hours (o/c phones)

Answer 26

1. Trapping or pre loading phone data
2. TSP liaison
3. Draft a production order application early
4. Proving phone ownership /use (attribution)

Question 27

What must be proved for importation (men’s rea)

Answer 27

Must prove that the defendant :

• knew about the importation, and
• knew the imported substance was a controlled drug and
• intended to cause the importation

Question 28

How do you prove age for a victim

Answer 28

R v Forrest and Forrest explains that the prosecution must adduce the best possible evidence when proving the age of a person
This is usually a birth certificate and an independent person such a s a parent giving evidence

Question 29

Criteria for a surveillance device warrant - section 51 s&s Act 2012

Answer 29

RGTS that an offence has been/is being or will be committed

RGTB that the proposed use of the surveillance device will obtain information that is evidential material in respect of the offence
And
The restrictions in S45 do not prevent the issuing of a surveillance device warrant in the circumstances