Drug Facts MUST Know Flashcards
When is the offence of manufacturing complete?
The offence is complete, once the prohibited substance is created, whether or not it is unusable form
When can this device be used for interception or trespass?
Serious offences, seven years imprisonment or more.
Admissibility of analyst certificate
Sooner than seven days of hearing and copy of cert provided
Who can call a landslide a clan lab?
Any member of the initial entry team
Four things to consider with an OP for control delivery page 63
- Find suitable location. Ideally identify any staff or friendly who live in vicinity of the target address who you have friends – family in the area identify potential address based on location or proximity to target.
- Camera OP requirements versus intercept requirements (forward base)
- With surveillance device war required under surveillance act 2012
- The staff having to occupy the OP
Ingredients of obstruct’s
MODA 1975 section 16
Anyone who deliberately
- obstructs
- hinders
- resists
- deceives
A person lawfully exercising their authority under this Act commits an offence.
90 second rule
Clan labs
This rule assumes that
- if offenders are moving inside the laboratory, the air is safe to breath.
- the IET, with appropriate PPE, can safely enter and remove suspects with 90 seconds
Presumptive amounts for
- methamphetamine
- cocaine
- LSD
- cannabis
- methamphetamine: 5g
- cocaine: 0.5 g
- LSD: 2.5 g or 25 tablets/flakes
- cannabis: 28 g or 100 cigarettes
The presumption based on amount, may be rebutted if the person is able to prove.
The presumption that a drug is for sale or supply can be challenged if the person proves, on the balance of probabilities, that they did not intend to commit a dealing offence. For example, the defence may argue that the suspect was heavily addicted and needed large amounts for personal use.
4 ways a controlled delivery could come about
- International mail centre - inside a mail consignment
- International arrival - body packing, internal concealment, or concealed in luggage.
- Imported air freight
- Imported sea freight
What is a controlled delivery
A controlled delivery happens when authorities find controlled drugs hidden in goods and allow the shipment to continue under surveillance. This helps Customs and Police track those involved and gather evidence.
What points to consider when profiling the addressee of a controlled delivery?
- previous owners
- Real person or False name
- Connections to delivery address
- Travel/connections to country of origin
- Bank accounts - large deposits or overseas transfers
10 things TO-DO when preparing for a controlled delivery
- Assume leadership/ ownership of investigation and assign roles
- Liars with customs of exhibits
- Consider Electronic Interception
- Request customs to manipulate the track and trace system
- Contact SV, Photography, CMC and TCU as soon as possible
- Intel phase
- Find a suitable OP address
- Replacing controlled delivery packages
- Search warrants
- Method of delivery and contingency plans for differed modes of delivery.
Options one and two for controlled deliveries
-Clean
-Leave some
- Clean: A controlled delivery with no drugs left with the shipment eliminates the risk of loosing them. It allows for more flexible surveillance and reduces the chance of alerting targets who may have counter surveillance in place. Only importation and conspiracy charges are likely.
2.Leave some: Leave an amount of the drug with the consignment, enabling the option of charging an offender with a possession for supply charge.
When is importation complete
Criminal liability arises when the drugs cross the NZ boarder, and continue until they are no longer under the control of the correct authorities and have been made available to the consignee.
Ingredients of allows/ permits premises Section 12
Everyone commits an offence who knowingly permits any premises or vehicle to be used to commit an offence against this act.
3 things that must be proved for supplying equipment
Sec 12A(1)
The defendant
1: had the equipment or precursors in his possession
2: the equipment is capable for producing/manufacturing any controlled drug, or cultivating prohibited plant.
2: intended the equipment to be used for that purpose by himself or any other person.
4 times a SDW is requires
Section 45 Search and surveillance act 2012
1: interception device to intercept private communications
2: tracking device. Except if only used to see if thing have been tempered with/ opened/moved and there is no trespass during install.
3: observation of private activity in private places, and any recording using visual surveillance device.
4: use of surveillance device that involves trespass to land or goods.
5: observation of private activity in private places, and any recording using visual surveillance device. IF it exceeds 3 hours in a 24hr period or 8 hours in total.
Criteria for a surveillance device warrant
section 51 search and surveillance act 2012
1: reasonable ground to suspect offence has/is/or will be committed AND
2: reasonable grounds to believe that the proposed use of the surveillance device will provide evidential material AND
3: the restrictions in section 45 do not apply
4: high standard of evidence required - therefore recruited to disclose some confidential info you would not usually disclose
Differences between MODA Section 13A and S&S Section 23
Internal searches
MODA 75 - reasonable grounds believe (and not arrested)
S&S 2013
- arrested for offence against section 6,7,11 of MODA 1975.
- RGTB the person has secreted with body any evidential material.
Section 16. Bail act
A person charged with or convicted of a drug dealing offence may be granted bail…
1: by a high court judge in any case
2: by a district court judge if they have no drug dealing history with police
11 things you MUST do if Child or young person found at clan lab
1: remove CYP from immediate scene
2: assign officer to care for CYP
3: medical assessment and seek medical care as needed, may take priority over decontamination, inform
Hospital
4: request oranga Tamika attend scene
5: distribute PPE to all OT staff and decontamination kits to all CYP
6: most appropriate decontamination for all all CYP
7: photographing the CYP at the scene
8: record physical condition of the CYP including any injuries
9: record mental state of the CYP
10: Consider swabbing the CYP for chemical residue - if warrant allows
11: sure clothing worn. Y the CYP as an exhibit
Things to cover during initial interviews with. to found at clan lab scene
- basic health questions
- details of occupants including other CYPs and siblings
- Sleeping arrangements
- playing and eating areas
- school and preschool details
- the name of the CYP doctors
- their knowledge of drugs and drug manufacture related to address
- OT to arrange placement of CYP - not Police
What leads the controlled drug delivery operation
Customs
How many days is a SDW in force
60 days
Two methods of drug delivery ESR
1: in person to the analyst
2: deliver via registered post or registered courier with a signature required in a sealed package
Willful blindness
R v martin
Proof that the defendant deliberately turned a blind eye to the facts will suffice
Is it possible to be charged with attempted possession
Yes . Police v Jay
Although it was not legally possible, it was found to be factually possible.
List 4 points for u planned entry to a clan lab.
- immediately remove person of interest from the premises
- isolate the site and maintain a safety perimeter
- preserve the crime scene
- Notify duty inspector, or duty NCO, contact the NCLRT, and where appropriate the local fire and ambo services.
- seek advice from NCLRT and fire for decontamination process
- occupants and officers who have entered the site must remain separated until decontaminated
- seek medical advice if you experience any adverse symptoms/ side effects
What evidence to look for in a search warrant involving controlled deliveries
- search for evidence in relation to the importation
- track and trace receipts
- computes, cellphones and other devices
- emails
- contact lists and phone numbers
- money and financial records
- scales / packaging and other utensils relating to drug supply
- P.O. Box information
- travel documents
- passports
Definition of dealing offences
Section 6 MODA 1965
List all liabilities
Time limit for laying section 6 charges
No time limit
Time limit for formulating drugs charges (not section 6)
4 years
Difference between produce and manufacture
Produce - changing the nature of the original substances
Manufacture - creating the a different substance from the original materials
Who proves if a drug is useable
Under section 29A
- prosecution need not prove that fact UNLESS
- defendant /defence raises the issue
Definition of supply
To distribute, give , sell
Offering to supply or administer a controlled drug.
The prosecution must prove two elements
(Actua rea and mens rea)
1) the communicating of an offer to supply or administer a controlled drug
2) an intention that the other person believes the offer is genuine
Clan lab safety considerations
- leave the area immediately ( you safety is paramount )
- Never touch, taste or smell any chemicals or equipment
- do not attempt to stop the chemical reaction, do not turn anything off - may cause explosion
- do not shut off water supply to the house or chemical reaction
- do not smoke
- Do not use tools, radios, cellphones, torches or devices that cause sparks or friction
- do not reenter the premises
What is an evidential transcript
A written record of intercepted communications, must be verbatim
List 3 steps for using certificate for analysis instead of calling esr analyst to give evidence.
1: the defendant must be given copy of the analysts certificate
2: Written notices that the analyst will not be called at least 7 days before the hearing
3: if defendant doesn’t accept the certificate, must give 3 days notice they want the analyst to be called as a witness.
