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Drug Module > Drug Module Study > Flashcards

Drug Module Study Flashcards

1
Q

in relation to importation, when is someone liable and when does liability cease?

A

Criminal liability arises as soon as the drugs cross the New Zealand boarder.

Criminal liability ceases when the drugs have reached their final point in transit and are available to the addressee.

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2
Q

R v HANCOX

A

Bringing or causing goods to be brought into the country does not cease at the boarder. Importing in relation to Section 6(1)(a) is a process.

The element of importing exists from the time the goods enter New Zealand until they reach they reach their immediate destination.

Ie - When they have ceased to be under the control of the appropriate authorities and are available to the consignee or addressee.

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3
Q

3 things you must prove to show guilty knowledge in relation to importation?

A

Must be shown that the defendant:

  • Knew about the importation and
  • Knew the imported substance was a controlled drug and
  • Intended to cause the importation
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4
Q

Definition of ‘Controlled Drug’?

A

Section 2 Misuse of Drugs Act 1975
Means any substance, preparation, mixture or article specified or described in schedule 1, schedule 2 or schedule 3 of this act and includes any controlled drug analogue.

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5
Q

List Class A controlled drugs.

A
  • Cocaine
  • Heroine
  • Lysergide (LSD)
  • Methamphetamine
  • Psilocybine (magic mushrooms)
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6
Q

Why are drugs categorised as Class A controlled drugs?

A

Class A controlled drugs are classified as such as their misuse poses a very high risk of harm to individuals and to society.

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7
Q

Class B controlled drugs include?

A
  • Amphetamine
  • Cannabis preparations (oil, hashish)
  • GHB (fantasy)
  • MDMA (ecstasy)
  • Morphine
  • Opium
  • Pseudoephedrine
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8
Q

Class C controlled drugs include?

A
  • Cannabis plant
  • Cannabis seeds
  • BZP (Benzylpiperazine)
  • Controlled drug analogues
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9
Q

R v STRAWBRIDGE

A

If there is evidence that the accused honestly believed on reasonable grounds that her act was innocent, then she is entitled to be acquitted unless the jury is satisfied beyond a reasonable doubt that this was not so.

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10
Q

Who proves that a drug is ‘useable’?

A

It is not necessary for the prosecution to prove the drugs were of a useable quantity unless the defendant puts the matter in issue.

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11
Q

R v RUA

A

the words produce or manufacture in Section 6(1)(b) broadly cover the creation of controlled drugs by some form of process which changes the original substances into a particular controlled drug.

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12
Q

Difference between ‘Producing’ and ‘Manufacturing’?

A

Producing - Means to bring something into being, or to bring something into existence from its raw materials or elements.

Manufacture - Means the process of synthesis, combining components or processing raw materials to create a new substance.

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13
Q

When is the offence of ‘Producing’ or ‘Manufacturing’ complete?

A

The offence is complete once the prohibited substance is created, whether or not it is in a useable form.

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14
Q

Definition of supply?

A

Supply includes distribute, give and sell.

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15
Q

What two elements must the crown prove for a charge of ‘Offering to Supply’ or ‘Administer’ controlled drugs?

A

The prosecution must prove:

  • The communicating of an offer to supply or administer a controlled drug (actus reus)
  • An intention that the other person believes the offer to be genuine (mens rea)
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16
Q

R v DURING

A

An offer is an intimation by the person charged to another that he is ready on request to supply to that person drugs of any kind prohibited by the statute.

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17
Q

R v BROWN - The defendant is guilty in the following circumstances (offers to supply)

A
  • Offers to supply a drug that he has on hand
  • Offers to supply a drug that will be procured at some future date
  • Offers to supply a drug that he mistakenly believes he can supply
  • Offers to supply a drug deceitfully, knowing he will not supply that drug
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18
Q

Ingredients of 6(1)(d) Misuse of Drugs Act 1975

A

Supply or administer or offers to supply or administer any Class C controlled drug to a person under 18 years of age

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19
Q

Proving age case law R v FORREST and FORREST

A

The evidence possible in the circumstances should be adduced by the crown in proof of the victims age.

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20
Q

R v CLANCY

A

The best evidence as to the date and place of a child’s birth will normally be provided by a person attending at the birth or the child’s mother. Production of the birth certificate will add to the evidence but is not essential.

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21
Q

Can a person be charged with attempted possession?

R v JAY

A

It is an offence to attempt to gain possession of a drug.

Received hedge clippings believing them to be cannabis:

R v JAY
The offence of receiving cannabis was not legally impossible, although in the circumstances it was factually impossible. As the respondent had criminal intent and did an act for the purpose of achieving his object he was guilty of an attempt to commit an offence.

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22
Q

R v MOHAN

A

A decision to bring about in so far as it lies within the accused power, the commission of an offence.

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23
Q

R v WAAKA

A

A fleeting of passing thought is not sufficient, there must be a firm intent or a firm purpose to effect an act.

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24
Q

Presumption that the drug is for sale or supply may be rebutted…

A

Presumption for supply may be rebutted if the person is able to prove, on the balance of probabilities, that they did not intend to commit a dealing offence. Ie if the defendant is addicted to the substance and requires large amounts for personal use.

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25
Q 
Presumptive amounts for:
Cocaine
Heroine
Methamphetamine
Ecstasy
Cannabis Plant
Cannabis Resin and Oil
LSD
A 
Cocaine - 0.5 grams
Heroine - 0.5 grams
Methamphetamine - 5 grams
Ecstasy - 5 grams or 100 flakes/tablets
Cannabis plant - 28 grams or 100 or more cigarettes
Cannabis Resin and Oil - 5 grams
LSD - 2.5 milligrams or 25 tabs
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26
Q

In reference to Section 12A(1) relating to the supply of equipment, material or pre cursors, the crown must prove three elements. What are they?

A
  • That the defendant has supplied, produced or manufactured equipment, materials or precursors
  • That those items are capable of being used in the production or manufacture of controlled drugs, or the cultivation of prohibited plants
  • That the defendant knows those items are to be used for such an offence by another person
27
Q

Definition of ‘Equipment’?

A

Includes implements, apparatus and other hardware used in the manufacturing, producing or cultivating process.

28
Q

List 4 examples of ‘Equipment’.

A
  • Glassware
  • Condensers
  • Heating mantels
  • Pots
  • Lights
  • Timers
29
Q

In reference to Section 12A(2) relating to the possession of equipment, material or pre cursors, the crown must prove three elements. What are they?

A
  • That the defendant has equipment, material, precursors in his possession
  • That those items are capable of being used in the production or manufacture of controlled drugs, or the cultivation of prohibited plants
  • That the defendant has the intention that those items are to be used for such an offence, either by himself or another person
30
Q

Section 12(1) Misuse of Drugs Act 1975 Ingredients - Allows use of Premises or Vehicle?

A

Every person commits an offence against this Act who knowingly permits any premises or (vessel, aircraft, hovercraft, motor vehicle, or other mode of conveyance) to be used for the purpose of the commission of an offence against this Act.

31
Q

Section 16 Ingredients - Obstruction of Officers?

A

Every person commits an offence against this Act who wilfully obstructs, hinders, resists, or deceives any other person in the execution of any power conferred on that other person by or pursuant to this Act.

32
Q

Is possession of a needle and offence?

A

Possession of a needle per se is not an offence, but will become so if the syringe contains a useable amount of a controlled drug.

33
Q

Discuss offences relating to the use or disposal - Section 11(1)(a) (b) and (c)

A

Relates to offering a used needle to another person for their use as well as using an already used needle and disposing of a needle in a public place.

Section 11(1) MODA ‘75
Every person commits an offence who-
(a) Offers to any other person, for use by that other person, a used needle or used syringe or;
(b) Accepts for use a used needle or used syringe or;
(c) Dispose of a needle or syringe in a public place

34
Q

Section 12(1)(a) and (b) offences relating to sale.

A 
Section 12(1) MODA '75
(1) Every person commits an offence who, not being a pharmacist, a pharmacy employee, an approved medical practitioner, or an authorised representative, sells or supplies, or attempts to sell or supply a needle or syringe to any other person who;

(a) Is not a pharmacist, a pharmacy employee, an approved medical practitioner, or an authorised representative or;
(b) Is a pharmacist or pharmacy employee who is prohibited under regulation 3(2) from selling new needles and new syringes

35
Q

What is a controlled delivery?

A

Controlled delivery occurs when a consignment of illicit drugs is detected often concealed in other items making it possible for the delivery of those goods to be made under control and surveillance by police and customs, with a view to securing and identifying evidence against those involved in the importation/exportation. Could also involve couriers and body packers.

36
Q

List and describe 4 methods of controlled deliveries.

A
  • Allow the package to be collected by or delivered to or on behalf of the consignee
  • Allow the package to be delivered by a person who has agreed to co-operate with Police/Customs
  • Deliver the package (Police/Customs posing as postie/courier)
  • Return package to appropriate carrier for delivery to addressee (courier/postie to deliver)
37
Q

Discuss options 1 and 2 of controlled deliveries.

A

Option 1
A clean controlled delivery where no drugs are left within the consignment. However, at the termination of the operation only “importation” and/or “conspiracy” charges are likely to be filed on those apprehended.

Option 2
Leave an amount of the drug within the consignment to enable the option of charging an offender with a “possession for supply” charge and also provides the availability of emergency powers should the drugs move to persons or places that are not covered by search warrants.

38
Q

What are the points to consider when profiling an addressee of a controlled delivery?

A
  • previous occupiers
  • real person or false name?
  • connections to delivery address
  • relevant convictions / notings / associations
  • travel / connections to country of origin
  • bank accounts – large deposits, overseas transfers.
  • full identification of target if possible
  • photographs (casual / formal / surveillance)
  • Police intelligence held (NIA, previous investigations, MO section, IMP, arresting officers)
  • suspect’s knowledge surrounding covert enforcement techniques
  • suspect’s knowledge / skill surrounding technology (phones, faxes, computers etc)
  • suspect’s travel history including passport holdings
  • other agency intelligence held (Fisheries, Customs, Immigration, Internal Affairs etc)
  • financial profile
  • family members / associates / vehicles / addresses and places frequented
  • general lifestyle (sports and other interests)
  • business associations
  • tracking device for vehicles – variety of options
  • risk assessment – firearms required
39
Q

List 4 points to consider when profiling an address for a potential observation point ‘OP’?

A
  • proximity to target address – close enough to be effective, far enough away to be unobtrusive
  • unobstructed line of sight to target address
  • access to and from address without arousing suspicion (consider equipment and staff that will need to discretely enter and leave the address)
  • ability to beam signals and/or tap into Telecom cables (video and audio interception)
  • phone lines available in street
  • other conditions relating to the vicinity of the OP, eg parking, schools, other neighbourhood activities, lighting and animals
40
Q

Practical:

What to look for in a search warrant involving controlled deliveries.

A
  • Search for evidence relating to the importation:
  • track and trace receipts
  • correspondence
  • computers, faxes and cell phones
  • emails
  • contact lists / numbers
  • packaging from previous importations
  • money and financial records
  • scales and packaging etc in relation to supply charges
  • PO Box documentation
  • travel documentation
  • passports.
41
Q

Internal Concealment Section 13A MODA -

  • Standard of proof
  • Class of Drug
  • Who can request examination and who for
  • Type of medical practitioner required
  • Detention time limit
A

Standard of Proof -
Reasonable cause to believe (and not arrested)

Class of Drug -
Must be Class A or B

Search for-
Only Class A or B drugs secreted for unlawful purpose

Who may request -
Any member of Police or Customs officer

Who do they request -
District Court judge for a Detention Warrant

Type of Medical Practitioner -
Approved by Commissioner of Police or Chief Executive of Customs

Detention Time Limit -
7 days – renewable in periods of 7 days to maximum of 21 days

42
Q

What constitutes a ‘serious offence’ in relation to trespass surveillance?

A

A serious offence in relation to trespass surveillance is an offence punishable by 7 years imprisonment or more (or against certain sections of the Arms Act).

43
Q

Section 46 Search and Surveillance Act 2012 - list 4 activities for which a surveillance device warrant is needed.

A

(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

44
Q

Section 51 Search and Surveillance Act 2012 - What is the criteria for issuing a surveillance device warrant?

A

There are reasonable grounds—

(i) to suspect that an offence has been committed, or is being committed, or will be committed in respect of which this Act or any enactment specified in column 2 of the Schedule authorises the enforcement officer to apply for a warrant to enter premises for the purpose of obtaining evidence about the suspected offence; and
(ii) to believe that the proposed use of the surveillance device will obtain information that is evidential material in respect of the offence

45
Q

Does a CHIS have to be named in a search warrant application? Explain with case law.

A

No. You are not required by law to name your CHIS.

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.

46
Q

List 10 indications of a clan lab you may see either inside or outside.

A

Outside
• Chemical odours, coming from the building, rubbish or detached buildings. The odours can be sweet, bitter, ammonia or solvent smells.
• Exhaust fans running at odd times.
• Frequent visitors at odd hours.
• Windows blackened out or curtains always drawn.
• People coming outside only to smoke.
• Occupants unfriendly, appear secretive about their activities, exhibit paranoid or odd behaviour.
• Expensive security and surveillance gear.
• Access denied to landlords, neighbours, other visitors.
• Rubbish containing a large amount of cold medication containers or packaging.
• Also bottles, plastic containers and boxes with labels removed.

Inside
• Laboratory glassware, equipment and documents.
• Containers with clear liquids in them with a chalky coloured solid on the bottom or similar.
• Containers with two layered liquids in them, one dark coloured layer and one clear or pale yellow layer.
• Used coffee filters containing either a white pasty or reddish brown substance.
• Baking dishes or similar containing white crystalline substance.
• The presence of hot plates near chemicals.

47
Q

If you have unexpectedly entered a clan lab, what should you do?

A
  • Leave the area immediately, your safety is paramount.
  • Never touch, taste or smell any chemicals or equipment.
  • Do not attempt to stop the chemical reaction, or turn any electrical devices such as lights or fans on or off. The simple act of turning on an electrical switch may cause an explosion.
  • Do not shut off the water supply to the house or the chemical reaction.
  • Do not smoke in or near a Clandestine Laboratory.
  • Do not use tools, radios, cellphones, torches or devices that produce sparks or friction.
  • Do not re-enter the premises.
48
Q

Outline the 90 second rule.

A

90 Second Rule -
This rule assumes that if offenders are present and moving inside the laboratory then the atmosphere will sustain life. It assumes that the initial entry team (wearing the minimum level of personal protective equipment) may safely enter and extract suspects for a period of up to ninety seconds.

49
Q

Who makes the decision to call ‘landslide’ after entering a clan lab unexpectedly?

A

The decision may be made by any member of the initial entry team.

50
Q

List clan lab safety considerations.

A
  • Leave the area immediately, your safety is paramount.
  • Never touch, taste or smell any chemicals or equipment.
  • Do not attempt to stop the chemical reaction, or turn any electrical devices such as lights or fans on or off. The simple act of turning on an electrical switch may cause an explosion.
  • Do not shut off the water supply to the house or the chemical reaction.
  • Do not smoke in or near a Clandestine Laboratory.
  • Do not use tools, radios, cellphones, torches or devices that produce sparks or friction.
  • Do not re-enter the premises.
51
Q

Initial action for children located in clan lab, immediate action at the scene, pre-lim interview.

A

Immediate Action:

  • Remove CYP from scene
  • Assign officer to look after and monitor CYP
  • Request CYFS attendance at the scene
  • Distribute PPE to CYFS staff and decon kit for CYP
  • Photograph CYP at the scene
  • Record physical condition of CYP including injuries and mental state
  • Consideration given to swabbing CYP for chemical residue (search warrant permitting)
  • Secure clothing worn by CYP as an exhibit (from CYFS)

Preliminary Interview:

  • basic health questions; Headaches, nausea, breathing problems, dizziness, tiredness etc
  • Occupants details
  • Sleeping arrangements
  • Playing and eating areas
  • School details
  • Doctors name
  • Knowledge of drugs, manufacturing, dealing activities
52
Q

List the initial action for finding children in clan labs and follow up required by O/C investigation.

A

Immediate Action:

  • Remove CYP from scene
  • Assign officer to look after and monitor CYP
  • Request CYFS attendance at the scene
  • Distribute PPE to CYFS staff and decon kit for CYP
  • Photograph CYP at the scene
  • Record physical condition of CYP including injuries and mental state
  • Consideration given to swabbing CYP for chemical residue (search warrant permitting)
  • Secure clothing worn by CYP as an exhibit (from CYFS)

Follow Up Required:

  • Give priority to locating any CYP absent from the address at the time of Police intervention
  • Ensure that any CYP exposed to clan lab is checked by a doctor ASAP and within 72 hours
  • Ensure medical exam has been done and evidential hair, urine or blood samples taken
  • Ensure competed toxicology kit is collected from Doctor and forwarded to ESR with POL143
  • Ensure clothing worn by CYP and removed by CYFS for decon is secured as an exhibit together with the record made by CYFS.
  • Forward clothing to ESR for analysis
  • Liaise with CYFS as to whether evidential interview with CYP is required
53
Q

What is the time limit for filing charges relating to a Section 6 offence of the Misuse of Drugs Act 1975?

A

There is no time limit for section 6 offences when filing charges. You can file charges at any time.

54
Q

What is the time limit for a Section 28(b) Misuse of Drugs Act 1975 offence?

A

The limitation for any other offence against the MODA is four years after the date which the offence was committed.

55
Q

Explain section 16 of the Bail Act 2000 in relation to someone committing a section 6 MODA offence, as well as someone who has previous dealing offences.

A

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 but not otherwise.

56
Q

If a person is only bailable in the High Court, where can they make their initial appearance?

A

Initial appearance can be made in the District Court.

57
Q

Explain the two methods in which drugs can be delivered to ESR.

A

In person - To the person who is to issue the certificate or a person authorised by the analyst to receive it.

Registered post - Registered post or courier post with signature required in a sealed package to an employee who has been authorised by the analyst in charge of the laboratory.

58
Q

When is the ESR analysts certificate admissible? Outline the 3 steps for using the certificate of analysis instead of calling the ESR analyst to give evidence.

A

Admissible only if:

  • The defendant is served at least 7 clear days of the hearing and provided with a copy of the analyst’s certificate.
  • The defendant does not, at least 3 days before the hearing, give written notice that the analyst be called.
  • The court does not request the oral evidence of the analyst.
59
Q

What 4 things must be done by O/C phones within the first 24 hours of an operation?

A
  • Trapping or pre loading phone data
  • Establish an effective working relationship with the telephone service provider. Find one person to deal with the inquiry
  • Draft a production order early
  • Organise an analyst for the data, be fully up to date with all data and understand evidential value
  • Prove phone ownership
60
Q

Outline section 17 Bail Act 2000 - Serious Class A offences

A

Applies to person of or over age of 17 charged with ‘Serious Class A’ offence.

  • No person shall be granted bail unless defendant satisfies judge that bail should be granted
  • Must satisfy the judge on the balance of probabilities that the defendant will not, while on bail or at large commit any drug dealing offence

For the purpose of this section a ‘Serious Class A’ offence is:
6(1)(a), 6(1)(b), 6(1)(c) or 6(1)(f) involving a Class A drug.

61
Q

Imports Controlled Drug -Liability

A

.

62
Q

Supplies Class C Controlled Drug to Person Under 18yrs - Liability

A

.

63
Q

Possession of Controlled Drug for Supply - Liability

A

.

64
Q

Internal Search Sec 23 S&S 2012

A

Standard of Proof -
Must be under arrest for sec 6, 7 or 11 of MODA. With reasonable grounds to believe person has secreted within body any property that may be evidence of the offence for which the person is charged or other Sec 6, 7 or 11 MODA offences.

Class of Drug -
Any class arrestable under Sec 6, 7 or 11 (ie classes A, B or C)

Who may request -
Constable

Who do they request -
Require suspect to permit medical practitioner to conduct internal examination

Type of medical practitioner -
Nominated for the purpose by the constable

Detention time limit -
If suspect fails to permit the examination and court satisfied police have reasonable grounds for the application, then the court may decline bail and order a continued detention in Police custody for up to 2 days or until the person permits the examination, which ever comes first.

Drug Module (1 decks)

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