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Drugs > Definitions > Flashcards

Definitions Flashcards

1
Q

Import

A

the arrival of goods in NZ in an manner, whether lawfully or unlawfully from a point outside NZ.

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2
Q

Produce

A

To produce means to bring something into being or existence from its raw materials.

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3
Q

Manufacture

A

Combining components to create a new substance.

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4
Q

Supply

A

To provide something that is needed or desired. Supply includes distribute, give and sell.

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5
Q

Distribute

A

Distribution relates to the supply of drugs to multiple people.

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6
Q

Giving

A

Handing over or transferring an item to another person

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7
Q

Selling

A

A sale occurs when a quantity or share in a drug is exchanged for some valuable consideration.

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8
Q

Administering

A

Introducing a drug directly into another persons system.

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9
Q

Offer

A

Arousing another persons interest in drugs or tempting others to use them.

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10
Q

Otherwise Deals

A

Any other means than giving, selling, distributing, administering or offering to supply or administer. E.g barter or exchange.

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11
Q

Possession

A
  1. Physical custody or control.
  2. A combination of knowledge and intent.
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12
Q

Intent

A

A deliberate act with intent to produce a specific result

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13
Q

Conspiracy

A

An agreed intention between two people to commit the offence rather than an action. The conspiracy is complete once the agreement has been made.

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14
Q

Precursor

A

Something that comes before something else. E.g pseudoephedrine makes methamphetamine

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15
Q

Clean controlled delivery

A

All of the drug or precursor has been removed from the consignment before delivery.
Importation and conspiracy can only be proved.

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16
Q

Dirty controlled delivery

A

Part of the drug or precursor has been removed from the consignment leaving enough for possession for supply.

17
Q

S9 S & S Act 2012, stop a vehicle to search for a person unlawfully at large

A

RGTS a person is unlawfully at large.
RGTB the person is in the vehicle.
You may stop a vehicle and search for the person.

18
Q

S121 S & S Act 2012, stop a vehicle

A

Stop a vehicle to:
-Execute a search warrant.
-Invoke a warrantless power.

19
Q

S20 S & S Act 2012, search a place or vehicle for drugs

A

-RGTS an offence has been committed against MODA 1975.
-RGTB evidential material relating to the offence will be in the place or vehicle.
-RGTB it’s not practicable to get a SW.
-RGTB EM will be CADD if entry is delayed.

20
Q

S21 S & S Act 2012, search a person after S20

A

S20 is invoked.
Search any person.

21
Q

S22 S & S Act 2012 (person in a public place)

A

-RGTS an offence against MODA 1975
-RGTB the person has drugs

22
Q

S19 S & S Act 2012

A

Search a person in or on a place or vehicle during a search warrant.

23
Q

S24 S & S Act 2012

A

A Constable may require a medical practitioner to conduct an internal search by x-ray, manually or visually.

If the person has been arrested for an offence against MODA 1975.

RGTB the person has secreted evidence internally relating to the charge or another

24
Q

S81 S & S Act 2012

A

A Constable or Customs Officer may:
- Search a person involved in a delivery
- Enter and search any place or vehicle
- Seize any drugs, precursors or EM
RGTB the person is in possession of drugs, precursors, EM or a package relating to a clean or dirty delivery.

25
Q

S13A Misuse of Drugs Amendment Act 1977

A

RGTB any person has secreted Class A or B drugs internally (body cavity or swallows) for unlawful purpose.
They may be detained.

26
Q

Visual Surveillance Device

A

Means any piece of equipment that is used to observe and record private activity.
Does not include glasses or contact lenses used to correct vision.

27
Q

Interception Device (audio)

A

Means any piece of equipment that is used to or is capable of intercepting or recording private communication.
Does not include hearing aids used to correct hearing.

28
Q

Tracking Device

A

Means a device used to ascertain the location of a thing or a person, whether a thing has been opened, tampered or dealt with.
Does not include a vehicle, helicopter or boat.

29
Q

Private communication

A

Means communication oral, written or telecommunication made under circumstances that indicate to any party that the communication be confined to that party.

30
Q

Evidential material

A

Evidence of the offence. Tangiable or intangiable, relevant to the investigation.

31
Q

Voluntary oral communication

A

Communication between one or more people where one party consents to the communication being recorded.

32
Q

S57 - admissibility of EM

A

Any evidence obtain by SDW not relating to the offence the SDW was issued is admissible.

33
Q

S51 - criteria for issuing a SDW

A

RGTS an offence has been, will be or about to be committed.
RGTB the SD will obtain EM relating to the offence.

34
Q

R v MCGINTY

A

Disclosure of the informants identity is not required under the Act. The trial judged was correct in deleting parts of the application which would lead to the informants identity.

35
Q

Informant

A

A person who has supplied information to the Police concerning the commission of an offence.
Can not be an informant if they are a witness to an offence and required to give evidence.
S64 grants privilege to informants that protects their identity.

Drugs (5 decks)

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