Drug Dealing Flashcards
Caselaw
R v Cox
Possession consists of two elements; physical (custody & control) and mental (intention & knowledge).
Liability
Importing
Drug Dealing (Imports Into or Exports From New Zealand)
S6(1)(a) Misuse of Drugs Act 1975
- Import into OR export from New Zealand
- Any Controlled Drug
- Saxton v Police, R v Hancox
- Police v Emerali
Liability
Producing
Drug Dealing (Producing/Manufacturing Any Controlled Drug)
S6(1)(b) Misuse of Drugs Act 1975
- Produce OR Manufacture
- Any Controlled Drug
- R v Rua
- Police v Emerali, R v Strawbridge
Liability
Supplying Class A/B
Drug Dealing (Supplying Any Class A or Class B Controlled Drug)
S6(1)(c) Misuse of Drugs Act 1975
- Supply OR Administer OR Offer to Supply or adminiser OR Otherwise deal in
- Any Class A Controlled Drug OR Any Class B Controlled Drug
- To any other person.
- R v Maginnis, R v During, R v Brown
- Police v Emerali, R v Strawbridge
Liability
Supply Class C to under 18
Drug Dealing (Supplying Class C Controlled Drug to Person Under 18 Years)
S6(1)(d) Misuse of Drugs Act 1975
- Supply OR Administer OR Offer to Supply or adminiser OR Otherwise deal in
- Any Class C Controlled Drug
- To a person under 18 years of age
- R v Maginnis, R v During, R v Brown
- Police v Emerali, R v Strawbridge
- R v Forrest and Forrest
Case Law
Police v Emirali
“The serious offence of possessing a narcotic does not extend to some minute and useless residue of the substance”
Case Law
R v Strawbridge
It is not necessary to establish knowledge on the part of the accused, it will be presumed.
Case Law
R v Rua
The words produce and manufacture cover the creation of controlled drugs by the processes that change the original substances into a controlled drug
Definition of ‘Produce’
Bring something into being or existence from its raw materials or elements
Definition of ‘Manufacturing’
Combining components or processing raw materials to create a new substance
Definition
Definition of ‘Supply’
Distribute, Give, Sell
S2 MODA1975
Definition
Definition of Distribute
Supply drugs to multiple people
Definition
Definition of ‘Giving’?
To hand the drug over so that they can use it for their own purposes
Definition
Definition of Selling?
Exchange the drug for valuable consideration
Definition
Definition of administers?
Introduce into the system of another person
Case Law
R v During
An offer is an intimation to another that he is ready to supply drugs on request
Case Law
R v Brown
Making an offer to supply, with the intention that it be understood as genuine, is an offence
Case Law
R v Forrest & Forrest
The best possible evidence of a victim’s age must be produced
Case Law
Saxton v Police
Importing means to introduce from abroad.
Case Law
R v Hancox
Importing is a process that exists until drugs reach their immediate destination
Case Law
R v Maginnis
Supply is more than transferring control, it includes enabling them to apply the drugs to his purpose
Liability
Selling Class C to over 18
Drug Dealing (Sell/Offer to Sell Class C Controlled Drug to Person 18+)
S6(1)(e) Misuse of Drugs Act 1975
- Sell OR Offer to Sell
- Any Class C Controlled Drug
- To a person of or over 18 years of age
- R v Maginnis, R v During, R v Brown
- Police v Emerali, R v Strawbridge
Liability
Possession for Supply
Drug Dealing (Possession of Controlled Drug for Supply)
S6(1)(f) Misuse of Drugs Act 1975
1.Have in his Possession
2. Any Controlled Drug
3. For any of the purposes set out in paragraphs (C), (d), (e) of Section 6(1) MODA75
- R v Cox
What must you prove in relation to an offence against S9 MODA75
- That the plant was prohibited
- That they tended to it
What is the difference between S16 MODA Obstruction and Summary Offences Obstruction?
MODA obstruction is anyone, SO is just police
What is the defence outlined in S9(4) of MODA 75
Growing poppies is okay
Describe the two types of controlled deliveries
Clean Controlled Delivery: No drugs are left with offender, but can only charge with importation.
Leaving drugs with offender: Allow a quantity of the drug to enter the possession of the offender so that they can be charged with S6(1)(f) MODA75
Name the two types of tracking devices used in controlled deliveries
- Beacon
- GPS
What are the three types of Surveillance Devices?
- Visual
- Interception
- Tracking
Case Law
R v McGinty
In relation to alternative techniques
A judge is not required to refuse a warrant because the Police had not exhausted every alternative investigative technique
Interception surveillance devcie warrants are not a last resort
What makes evidence of other offences besides the offence named in a SDW admissable?
S57 of the Search and Surveillance Act 2012
Caselaw
R v McGinty
Informers
Disclosure of informants identities is not necessary, however a trial judge can insist on it.
Define ‘Private Communication’?
Communication that is reasonably believed to only be confined to the parties of the conversation.
List four key activities the telephone investigator should undertake in the first 24 hours of a major operation?
- Trapping / pre-loading phone data
- TSP liason
- Drafting a production order
- Proving phone ownership
Clan Labs
What are some of the signs of a clan lab from the outside?
List 5
- Chemical odours coming from building
- Exahaust fans running at weird times
- Frequent visitors at odd hours
- Windows blackened out or curtains drawn
- People only coming out to smoke
- Occupants are unfrinedly
- Expensive security and surveillance equipment
- Access denied to others
- Rubbish contains cold medication OR packages with labels removed.
Clan Labs
What are some of the signs of a clan lab from the inside?
- Lab glassware
- Containers with clear liquid with chalky substances at the bottom
- Containers with two layered liquids, one layer being dark and the other clear or pale yellow
- Baking dishes with white crystalline substance
- Hot plates positioned near chemicals
Clan Labs
What do you do if you discover a clan lab?
- Leave immediately
- Never touch, taste or smell any of the chemicals
- Do not attempt to stop any chemical reaction or turn on any electrical devices
- Do not shut of the water
- Do not smoke
- So not use any equipment that produces sparks or friction
- Do not re-enter
Clan Labs
What are the two types of clan lab investigation?
Planned entry
Unplanned entry
Clan Labs
What are the symptoms that can emerge from exposure to a clan lab?
- Headaches
- Watery or irritated eyes
- Nausea
- Burning skin
- Couching or choking
- Pain in diaphragm
- Feeling of coldness or weakness
- shortness of breath
- Decreased cognitive function
Clan Labs
What is the 90 second rule?
If the offenders are present and moving inside the lab, then it can sustain life and you can safely enter and extract the offenders for a period of 90 seconds.
What is the procedure for CYP located in a clan lab?
- Remove them
- Assign an officer to monitor them
- Explain what is going to happen to them
- Medical examination
- Organise OT attendance
- Seize clothing and decontamination
- Photograph at scene
- Preliminary interview
- S39 or S42 OT Act
What are the statute of limitations for each offence?
- No limit for S6, S9 and S10 (offences against corresponding laws in other countries(
- 4 Years for all else
S31 Misuse of Drugs Act?
A certificate of analysis can be presented in court instead of the analyst. To be admissable there needs to be:
- An unbroken chain of evidence
- untapped or contaminated material
- Sufficient disclosure given to defence
List Class A drugs
- Cocaine
- Heroin
- Lysergide (LSD)
- Methamphetamine
- Psilocybin
R v Brown (Guilt)
The defendant is guilty if he offers to supply a drug that he does have, will have, mistakenly believes he can supply or knows he won’t supply that drug.
