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Modules > Drugs 011 > Flashcards

Drugs 011 Flashcards

1
Q

List the different situations/methods of importation in which a controlled delivery will generally occur. (Must Know) (6 ways)

A

International mail centre - Inside a mail article

International airport - Arriving courier using either body packing, internal concealment or concealed within luggage.

Imported air freight - Within a freight consignment which can be either commercial or private

Imported Sea Freight - As with air freight but arrive via sea

Transhipped air or sea freight - Transiting through New Zealand with a final destination in another country

Arriving commercial vessel - Hidden on board or attached to a vessel that is either unloading or picking up cargo from New Zealand before continuing onto another country

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2
Q

List 10 outside indicators of a clan lab (Must Know).

A
  • 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.
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3
Q

List 6 inside indicators of a clan lab.

A
  • 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.
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4
Q

List the responsibilities of the OC in regards to immediate action steps at a clan lab if there is a child or young person involved.

A
  • Remove CYP from immediate scene
  • Assign an officer to look after and monitor CYP
  • Provide age appropriate explanations to CYP about what’s going to happen to them
  • Assessment of CYP by ambo staff
  • Request CYF attendance at scene
  • Distribute suitable personal protective equipment to CYF staff and CYP decontamination kit for each CYP
  • Place CYP in Tyvek suit or wrap in blanket before handover to CYF staff
  • Most appropriate decontamination for CYP
  • Photograph CYP at scene
  • Record physical condition of CYP including injuries
  • Record mental state of CYP
  • Consider securing clothing from CYP as exhibit
  • Preliminary interview with CYP
  • Inform CYF social worker of power/authority used to remove and detain CYP before placing them in CYF care or custody
  • Give social worker copy of s39 warrant or s42 placement form
  • Brief social worker of any relevant info from preliminary interview
  • Brief social worker of any health and safety concerns resulting from medical assessment
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5
Q

Conducting a preliminary interview with a CYP at a clan lab scene. What should the interview include?

A
  • basic health questions
  • occupant’s details
  • details of other siblings or CYPs at the address
  • sleeping arrangements
  • playing and eating areas
  • school or pre-school details
  • name of CYP’s doctor
  • knowledge of drugs, manufacturing, dealing activities
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6
Q

In relation to Children and young persons involved with clan lab, what does the OC investigation of a clan lab need to do to follow up? (Main 6 things)

A
  • Together with CYF, locate any CYP absent from address at time of Police intervention
  • Ensure any CYP exposed to clan lab site is checked by a doctor ASAP and within 24hrs
  • Ensure CYP medical examination is completed and evidential hair/urine samples taken
  • Ensure hair samples and/or toxicology kits are collected from the doctor and forwarded to ESR
  • Ensure toxicology results are forwarded to CYF social worker and examining doctor as soon as they are available
  • Liaise with CPT as to whether specialist child interview required
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7
Q

Saxton v Police (Case law)

A

To import includes “to introduce from abroad or to cause to be brought in from a foreign country”.

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8
Q

R v Hancox (Must Know)

A

“… the bringing of goods into the country or causing them to be brought into the country does not cease as the aircraft or vessel enters New Zealand’s territorial limits.

Importing into New Zealand for the purposes of s 6(1)(a) is a process.

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

[ie] when they have ceased to be under the control of the appropriate authorities and have become available to the consignee or addressee”.

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9
Q

What is the case law for producing and manufacturing (Must Know)

A

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.

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10
Q

What is the difference between producing and manufacturing? (Must Know).

A

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

Manufacturing is the process of synthesis; combining components or processing raw materials to create a new substance.

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11
Q

Discuss the element of supply (Must Know).

A

s2, Misuse of Drugs Act 1975
Supply includes to distribute, give or sell

R v Maginnis
“[Supply involves] more than the mere transfer of physical control…

[it includes] enabling the recipient to apply the thing…to purposes for which he desires…”

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12
Q

Define distribution.

A

The term distribution relates to the supply of drugs to multiple people.

The Court in R v Donald held that supply includes the distribution of jointly owned property between its co-owners.

The distribution is complete when the defendant has done all that is necessary to accomplish delivery of the drug to others

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13
Q

Discuss proving age (Must Know).

A

R v Forrest and Forrest
“The best evidence possible in the circumstances should be adduced by the prosecution in proof of [the victim’s] age.”

In practice this generally involves producing the victim’s birth certificate in conjunction with independent evidence that identifies the victim as the person named in the certificate.

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14
Q

Define the element of intent regarding drug dealing.

A

In a criminal law context there are two specific types of intention in an offence.

Firstly there must be an intention to commit the act and,

Secondly an intention to get a specific result.

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15
Q

Define conspiracy.

A

An agreement between two or more persons to commit an offence.

A criminal conspiracy consists of an agreed intention which is common to the mind of the conspirators and a common design to commit the offence, rather than any actual action.

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16
Q

Define importation from the Customs and Excise Act.

A

Importation
S5, Customs and Excise Acts 2018

(a) in relation to any goods, means the arrival of the goods in New Zealand in any manner, whether lawfully or unlawfully, from a point outside New Zealand.

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17
Q

Discuss exportation from Customs and Excise Act.

A

Time of exportation
S53, Customs and Excise Act 1996
For the purpose of this Act,

The time of exportation is the time when the exporting craft leaves the last Customs place at which that craft calls immediately before proceeding to a point outside New Zealand.

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18
Q

Define controlled drug (Must know).

A

s2, MODA 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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19
Q

When is producing or manufacturing complete? (Must know).

A

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

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20
Q

Define class A/Class B controlled drug (Must know).

A

s2, MODA 1975
Means any controlled drugs specified or described in Schedule 1/2 to this Act.

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21
Q

Define person.

A

Gender neutral. Proven by judicial notice or circumstantially.

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22
Q

Define class C controlled drug (Must know).

A

s2, MODA 1975
Means any controlled drugs specified or described in Schedule 3 to this Act, and includes any controlled drug analogue.

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23
Q

Define sell from lesson notes.

A

A sale occurs when a quantity or share in a drug is exchanged for some valuable consideration. Will commonly be money, but anything of value will suffice.

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24
Q

What 2 things need to be proved for offers to sell?

A

The prosecution must prove two elements

  • the communicating of an offer to sell a controlled drug AND
  • an intention that the other person believes the offer to be genuine
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25
Q

What is the MODA definition of sell specific to s6(1)(e)?

A

s6(5), MODA 1975
For the purposes of paragraph (e) of subsection (1) of this section,

If it is proved that a person has supplied a controlled drug to another person he shall,

until the contrary is proved, be deemed to have sold that controlled drug to another person.

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26
Q

What does the MODA further define about the term possession?

A

s2(2), MODA 1975
For the purposes of this Act,

The things which a person has in his possession include any thing subject to his control which is in the custody of another.

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27
Q

Discuss the concept of presumption regarding dealing with controlled drugs.

A

s6, MODA 1975
For the purposes of subsection (1)(f),

a person is presumed until the contrary is proved to be in possession of a controlled drug for any of the purposes in subsection (1)(c), (d) or (e)

if he or she is in possession of the controlled drug in an amount, level or quantity at or over which the controlled drug is presumed to be for supply (see s2(1A)).

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28
Q

Outline the penalties for the different classes of drugs.

A

Class A = life
Class B = 14 yrs
Class C = 8 yrs

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29
Q

List 5 Class A drugs.

A

Cocaine
Heroin
LSD
Methamphetamine
Magic mushrooms

Mescaline

PCE

MDA

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30
Q

List 7 Class B drugs.

A

Amphetamine
Cannabis oil and hashish
GHB (fantasy)
MDMA (ecstasy)
Morphine
Opium
Pseudoephedrine

Ephedrine

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31
Q

Give 4 examples of Class C drugs.

A

Cannabis plant
Cannabis seeds
BZP
Controlled drug analogues

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32
Q

Define administers.

A

Blacks Law Dictionary
In the context of drug dealing, the appropriate meaning of administer is to direct and cause a drug to be taken into the system of another person.

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33
Q

What are the three purposes as defined in s6(1)(c), (d) and (e) as described in the liability for s6(1)(f)? (Must Know).

A

s6(1)(c), MODA 1975
Supply or administer, or offer to supply or administer, any Class A controlled drug or Class B controlled drug to ANY OTHER PERSON, or otherwise deal in any such controlled drug.

OR

s6(1)(d), MODA 1975
Supply or administer, or offer to supply or administer, any Class C controlled drug to a person UNDER 18 years of age.

OR

s6(1)(e), MODA 1975
Sell, or offer to sell, any Class C controlled drug to a person of or OVER 18 years of age.

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34
Q

List four common ways in which controlled drugs are imported into New Zealand.

A

Commonly drug importers will:

  • have drugs concealed in or on their persons, or in their luggage
  • have another person (mule) bring the drugs in for them
  • send or have drugs sent by international mail or courier
  • conceal drugs inside legitimate goods, eg, within shipping containers
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35
Q

Discuss R v Martin.

A

In terms of proving guilty knowledge, proof that the defendant deliberately turned a blind eye to the facts will suffice.

In R v Martin the defendant was arrested with $4 million worth of cocaine. She had obtained the suitcase from Nigerian organised criminals. She ‘deliberately refrained from making further inquiries or confirming her suspicion because she wanted to remain in ignorance’.

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36
Q

Define controlled drug analogue.

A

Controlled drug analogue means any substance … that has a structure substantially similar to that of any controlled drug.

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37
Q

Is it a defence that a defendant did not know that the substance in question was the particular controlled drug alleged?

A

While guilty knowledge is an essential element, section 29 provides that it is not a defence that the defendant did not know the substance in question was the particular controlled drug alleged.

For example, it would not be a defence to a charge of supplying heroin if the defendant believed the drug he had supplied was in fact cocaine.

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38
Q

What two elements must be proved by the prosecution in offering to supply or administer and what is the relevant case law? (Must Know).

A
  1. The communicating of an offer to supply or administer (actus reus)
  2. An intention that the other person believes the offer to be genuine (mens rea)

Case law

R v During

“[An offer is] an intimation by the person charged to another that he is ready on request to supply to that other drugs of a kind prohibited by the statute”.

And R v Brown

“… the making of such an intimation, with the intention that it should be understood as a genuine offer, is an offence”.

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39
Q

Is it necessary for the prosecution to identify the person to whom drugs are supplied under 6(1)(c)?

A

No

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40
Q

Discuss attempted possession using case law (Must Know).

A

It is an offence to attempt to obtain something innocuous in the mistaken belief that it is a drug.

In Police v Jay he was found in possession of a plastic bag containing grass clippings which he thought was cannabis.

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41
Q

Define secondary intent.

A

A person may have intended a secondary outcome if that outcome was foreseen as certain to occur, if the offender believes those consequences will happen.

Distinct from recklessness which involves foresight that a consequence is likely to happen.

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42
Q

List 3 examples of circumstantial evidence from which an offender’s intent may be inferred.

A
  • offender’s words and actions before, during and after
  • surrounding circumstances
  • nature of the act itself
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43
Q

List the presumptive amounts for the following drugs:

  • heroin
  • cocaine
  • lysergide (LSD) (Must Know)
  • methamphetamine
  • MDMA (ecstacy)
  • cannabis resin and extract (oil)

(Must Know)

A

Heroin = 0.5gms
Cocaine = 0.5 gms
Lysergide (LSD) = 2.5 mgms or 25 flakes, tablets etc.
Methamphetamine = 5 gms
MDMA (ecstacy) = 5gms or 100 flakes etc.
Cannabis resin and extract (oil) = 5 gms
Cannabis plant = 28 gms or 100 + cigarettes

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44
Q

List the penalties for conspiring to deal with controlled drugs.

A

Class A = 14 yrs
Class B = 10 yrs
Anything else = 7 yrs

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45
Q

When is a conspiracy complete?

A

Once the agreement has been made.

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46
Q

What three elements must be proved for a charge under s12A(1)? (Must Know)

A
  • that the defendant has supplied, produced or manufactured equipment, material 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
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47
Q

What three elements must be proved for a charge under s12A(2)? (Must Know)

A
  • That the defendant has equipment, material or 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
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48
Q

Possession of a needle is not an offence per se. At what point does it become an offence?

A

If it contains a USEABLE amount of a controlled drug (possession of a controlled drug).

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49
Q

Outline the two options for controlled deliveries (Must Know).

A
  1. Clean controlled delivery, where no drugs are left within the consignment. Eliminates risk of drug being lost. Gives greater freedom in organising surveillance. Reduces risk of alarming targets. At termination only importation or conspiracy charges likely.
  2. An amount of the drug is left within the consignment, but the remainder of the drugs are substituted. Option of possession for supply charge. Provides availability of emergency powers should drugs move. Requires greater security. Recovery on termination paramount.
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50
Q

Outline s46, Search and Surveillance Act 2012. (Activities for which SDW required (5 Things)) (Must Know)

A

Apart from the exceptions in s47 and 48, a surveillance device warrant is required for:

  • use of interception device to intercept private communication
  • use of tracking device, except where it’s installed solely for ascertaining whether a thing has been opened, tampered with AND installation doesn’t involve trespass
  • observation of private activity in private premises and any recording of it with visual surveillance device
  • use of surveillance device that involves trespass
  • observation of private activity in curtilage of private premises and any recording of it exceeding 3 hrs in 24 hr period OR 8 hrs total.
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51
Q

When comparing s13A, MODA (Ammendment Act 1978) and s23, S&S Act 2012, what is the difference in standard of proof? (Must Know)

A

MODA - Reasonable cause to believe and NOT arrested
S&S - Under arrest for offence against s6, 7 or 11 of MODA. RGTB person has secreted within body any property that may be evidence of the offence with which charged or those MODA offences.

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52
Q

When comparing s13A, MODA (Ammendment Act 1978) and s23, S&S Act 2012, what is the difference in the class of drugs to which they apply? (Must Know)

A

Both allow an internal search in relation to offences against the Misuse of drugs Act, the difference is the class of drug believed to be relevenat to the offending.

MODA - Must be Class A or B.

S&S - Any class.

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53
Q

When comparing s13A, MODA (Ammendment Act 1978) and s23, S&S Act 2012, what are differences in what you can search for? (Must Know)

A

MODA - Only Class A or B drugs secreted for unlawful purpose.

S&S - Class A, B or C and any property that may be evidence of offence for which charged or constitutes offence against s6, 7 or 11, MODA.

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54
Q

When comparing s13A, MODA (Ammendment Act 1978) and s23, S&S Act 2012, what are the differences in who can request the search? (Must Know)

A

MODA - Any member of Police or Customs.

S&S - Constable only

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55
Q

When comparing s13A, MODA (Ammendment Act 1978) and s23, S&S Act 2012, what are the differences in who is requested? (Must Know)

A

MODA - District Court judge for Detention Warrant

S&S - Require suspect to permit medical practitioner to conduct internal examination

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56
Q

When comparing s13A, MODA (Ammendment Act 1978) and s23, S&S Act 2012, what are the differences between the types of medical practitioner? (Must Know)

A

MODA - Approved by Commissioner of Police or Chief Executive of Customs

S&S - Nominated for the purpose by Constable

57
Q

When comparing s13A, MODA (Ammendment Act 1978) and s23, S&S Act 2012, what are the differences in detention time limits? (Must Know)

A

MODA - 7 days. Renewable in periods of 7 days to maximum of 21 days.

S&S - If suspect fails to permit and Court satisfied there are reasonable grounds then bail may be declined and order detention in Police custody until earlier of 2 days after day on which exam required OR person permits exam.

58
Q

What is the definition of a drug dealing offence? (In relation to electronic investigations) (Must Know).

A

For the purpose of electronic investigations,

A drug dealing offence is any offence against section 6 of the Misuse of Drugs Act 1975 which involves Class A, B or C controlled drugs, and includes certain offences identified under the Psychoactive Substances Act 2013.

59
Q

What are the three types of ‘surveillance device’?

A
  • interception device
  • tracking device
  • visual surveillance device
60
Q

What are the two things a tracking device can do? (Must Know)

A
  • ascertain the location of a thing or person
  • ascertain whether something has been opened, tampered with or in some other way dealt with
61
Q

Where trespass surveillance is involved the legislation restricts the use of a visual surveillance device to obtaining EM for what kinds of offences? (Must know)

A

Serious offences - punishable by 7 years of more or offences against certain sections of the Arms Act.

62
Q

What are the relevant exceptions in s47, S&S Act? (3)

Some activities that do not require warrant under this subpart

A
  • Officer lawfully in private premises and recording what he or she observes or hears (provided it’s only matters seen or heard without use of a SD)
  • Covert audio recording of voluntary oral communication between 2 or more people with consent of at least 1.
  • Activities carried out by officer’s use of SD if use is authorised by any other enactment.
63
Q

Summarise the findings in R v McGinty in relation to alternative investigation techniques. (Must Know).

A

A Judge was not required to refuse a warrant because the Police had not exhausted every conceivable alternative technique of investigation.

64
Q

In an application for a SDW you must disclose the details of any other applications for a SW or SDW in respect of that person etc. made within what time frame?

A

The previous 3 months

65
Q

A SDW must specify a time period for which the warrant may be in force. What is the time? (Must Know)

A

A period of up to 60 days.

66
Q

What are the reporting requirements in relation to a SDW?

A

The person who carries out the activities must provide a written report to the issuing Judge or Judge of the same Court within 1 month after the expiry of the period for which the warrant is in force.

67
Q

Outline the key activities to be undertaken by a telephone investigator within the first 24 hrs (6)(Must Know).

A

‘Trapping’ or ‘pre loading’ data - done by TSP

Telecommunications Service Provider (TSP) liaison

Draft production order application

No Search warrant needed for emergency situations

Analysts - liaise with an analyst

Proving phone ownership

68
Q

Outline the initial action for an unplanned entry into a Clan Lab. (7) (Must Know).

A
  • Immediately remove person of interest
  • Isolate the site and maintain safety perimeter
  • Preserve crime scene
  • Notify duty Inspector or Duty NCO, contact NCLRT and where appropriate Fire and Ambulance
  • Seek advice from NCLRT or Fire about decontamination procedures
  • Occupants of address and staff who have entered address to remain separated until decontamination issues are addressed.
  • Seek medical advice if you experience adverse effects
69
Q

List 5 safety considerations in regards to a when you find yourself in a Clan Lab (Unplanned). (7)(ie. things to do)

A
  • Leave the area immediately
  • Never touch, taste or smell any chemicals or equipment
  • Do not attempt to stop chemical reaction, turn off devices.
  • Do not shut off water supply to the house or chemical reaction
  • Do not smoke in or near Clan Lab
  • Do not use tools, radios, cellphones, torches or devices that produce sparks or friction.
  • Do not re-enter premises.
70
Q

What are the two types of Clan Lab investigations?

A

Unplanned entry and planned entry

71
Q

Name the three types of Clan Labs.

A
  • Extraction
  • Conversion
  • Synthesis
72
Q

At what point does dealing become large scale?

A

More than 5 times the presumption threshold.

73
Q

Outline the key time limits for filing of charging documents from s28, MODA 1975. (Must Know)

A

28 Time for filing charging document

(a) a charging document in respect of an offence against section 6, 9, or 10 of this Act may be filed at any time; and
(b) the limitation period in respect of any other offence against this Act, or any regulations made under it, ends on the date that is 4 years after the date on which the offence was committed.

74
Q

A certificate of analysis may be produced in Court instead of calling oral evidence. The certificate is only admissible evidence if… (Must Know)

A
  • Defendant is served with copy of analyst’s certificate and written notice that they won’t be called at least 7 clear days of hearing
  • Defendant does not at least 3 days before hearing give written notice that analyst be called
  • Court does not request oral evidence of analyst.
75
Q

R v Strawbridge (Must Know)

A

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

but if there is some 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 reasonable doubt that this was not so.

76
Q

Police v Emerali (Case law)

A

Police v Emerali
“…the serious offences of…possessing a narcotic does not extend to some minute and useless residue of the substance.”

77
Q

Where does the process of importation commence?

A

At the point of origin and continues until the drugs have reached their ultimate destination in New Zealand.

78
Q

At what point in the importation process does criminal liability arise?

A

As soon as the drugs cross NZ’s border,

However the offence does not end at the border; the process of importation continues while the goods are in transit, and only concludes when they have reached their final destination and are available to the consignee.

79
Q

What are the ingredients of S12 MODA ‘use of premises or vehicle, etc’? (Must Know)

A

(1) Every person commits an offence against this Act who,

Knowingly permits any premises or any 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.

(2) Every person who commits an offence against this section is liable on conviction to imprisonment for a term
(a) not exceeding 10 years = Class A
(b) not exceeding 7 years = Class B
(c) not exceeding 3 years in any other case.

80
Q

Outline S16 Obstrution of officers, MODA 1975 (Must know).

A

Every person commits an offence against this Act who

Wilfully obstructs, hinders, resists, or deceives,

any other person in the execution of any powers conferred on that other person by or pursuant to this Act.

81
Q

What is the wording of the offence in s43, Medicines Act 1981?

A

No person shall, without reasonable excuse, import, procure, receive, store, use, or otherwise have in his possession, any prescription medicine.

82
Q

Outline the three offences in Regulation 11, Health (Needles and Syringes) Regulations 1998.

A

Everyone who

a) offers to any other person, for use by that other person, a used needle or used syringe
b) accepts for use a used needle or used syringe
c) disposes of a needle or syringe in a public place

83
Q

Outline the offence in Regulation 12, Health (Needles and Syringes) Regulations 1998.

A

Everyone who, not being a pharmacist etc. sells or supplies or attempts to sell or supply a needle or syringe to any other person who is not a pharmacist etc. or who is a pharmacist etc. who is prohibited from selling new needles and syringes.

84
Q

What are the two methods that can be used to deliver a drug exhibit to ESR so that certificate evidence can be used?

A
  • in person to the analyst who is to issue the certificate or person authorised by analyst to receive
  • by registered post or courier post with signature required in sealed package to employee authorised by analyst in charge at laboratory
85
Q

Outline the method of service of the copy of the certificate and written notice that the analyst will not be called.

A
  • can be delivered to a member of the defendant’s family or solicitor
  • must be dated at least seven clear days before the hearing
  • must be proved to have been served either by oral evidence or a constable’s endorsement
86
Q

What needs to be proved in regards to the delivery of drugs to and authorised employee of ESR?

A
  • the name of the person to whom delivered
  • the recipient was a person who works in an approved laboratory and who is authorised by the analyst in charge at that lab to receive it
  • the package was sealed
87
Q

In what situation might a Judge be UNDER DUTY to admit evidence that may identify an informer?

A

If there is going to be a ‘miscarriage of justice’.

88
Q

In what situation does the privilege of being an informer not apply?

A

If the person is called as a witness by the prosecution to give evidence in relation to the information given.

89
Q

In what situations MUST the privilege under s64, Evidence Act 2006 be disallowed?

A

Where there is a prima facie case the information was given for a dishonest purpose or to enable or aid anyone to plan or commit an offence.

90
Q

In what situation MAY the privilege under s64, Evidence Act 2006 be disallowed?

A

Where the judge is of the opinion that evidence of the information is necessary to enable the defendant to present an effective defence.

91
Q

Explain the 90 second rule. (Must Know)

A

If offenders are present and moving inside the Lab then the atmosphere will sustain life for. The IET may safely enter and extract suspects for a period of up to 90 seconds.

92
Q

Proof of the mens rea of importing will involve proof of what three things? (Must Know).

A

The defendant

  • knew about the importation and
  • knew the imported substance was a controlled drug and
  • intended to cause the importation
93
Q

What is the case law used to prove possession in MODA 6(1)(f) (Must Know)

A

R v Cox
Possession involves two elements. The first, the physical element, is actual or potential physical custody or control. The second, the mental element, is a combination of knowledge and intention: knowledge in the sense of an awareness by the accused that the substance is in his possession; and intention to exercise possession.

94
Q

Apart from R v Cox, what else is required in a discussion about possession in relation to s6(1)(f)?

A

Potential custody or control:
MODA 1975, s2(2)
For the purposes of this Act, the things which a person has in his possession include anything subject to his control which is in the custody of another.

95
Q

In drug cases, what four things must be proven to prove possession?

A
  • Knowledge that the drug exists
  • Knowledge that it is a controlled drug
  • Some degree of control over it
  • An intention to possess it
96
Q

Three ways in which intent to supply may be inferred.

A
  • admissions
  • circumstantial evidence (scales etc.)
  • the statutory presumption under s6(6)
97
Q

What are 4 things to consider for an OP for controlled delivery? (Must Know)

A
  • A suitable location. Ideally, identify any staff or ‘friendlies’ who live in the vicinity of the target address, or who have friends / family in the area. If there are none, then identify a potential address based on location / proximity to target.
    Consider:
  • camera OP requirements versus intercept requirements (Forward Base)
  • whether surveillance device warrant required under the Search and Surveillance Act 2012. (see limitations below)
  • the staff having to occupy the OP.
98
Q

What act contains the offences relating to needles and syringes? (Must Know)

A

The Health (Needles and syringes) Regulations 1998, in particular regulations 11 and 12.

99
Q

In regards to section 16 of the Bail Act who can grant bail for drug dealing offences? (Must Know)

A
  1. Judge only may grant bail for drug dealing offence
    “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.”
100
Q

What is the liability for Supply Class C controlled drug? (Must Know)

A

Section 6(1)(d) MODA 1975

101
Q

What and who have the different powers involved in controlled deliveries? (Must Know)

A

Power to undertake a controlled delivery is vested in a Customs officer only, under s12 of the Misuse of Drugs Amendment Act 1978. Police assist Customs when a controlled delivery operation is undertaken. In the event that the controlled delivery operation is successful Police make the arrest and conduct the prosecution.

102
Q

What is the difference between the offence of Obstruction in the Summary offences Act and the MODA?

A

Under the MODA it specifically relates to obstructing ANYONE who is executing powers pursuant to the MODA,

The Summary offences Obstruction relates to obstructing a constable or Authorised officer etc.

103
Q

What are the two methods of delivering a drug exhibit to ESR? Section 31(2) (Must Know).

A
  • In person to the analyst who is to issue the certificate, or to a person authorised by the analyst to receive it
  • By registered post or by courier post with signature required in a sealed package to an employee who has been authorised by the analyst in charge at the laboratory.
104
Q

What class of drug is a Controlled Drug analogue? (Must Know).

A

All controlled drug analogues are classified as Class C controlled drugs (see ‘Class C controlled drugs’ below) irrespective of the class of drug they resemble.

105
Q

Is wilful blindness a defence for drug importation? (Must Know).

A

In terms of proving guilty knowledge, proof that the defendant deliberately turned a blind eye to the facts will suffice.

In R v Martin the defendant was arrested when she arrived at Auckland airport with over $4 million worth of cocaine in her suitcase. She claimed she had no knowledge of the drugs despite the highly suspicious circumstances in which she had obtained the suitcase from Nigerian organised criminals.

106
Q

Does a CHIS have to be named in a search warrant application? (Must Know).

A

Section 64 of the Evidence Act 2006 grants privilege to informers that protects their identity and extends to information that is likely to disclose that identity.

It is good practice not to state the name of any covert human intelligence source (CHIS)

You are not required by law to name your CHIS. Good practice is for you to use their registered code number. If the application is subsequently disclosed, the informer’s anonymity will be protected.

107
Q

What is a controlled delivery? (Must Know).

A

A controlled delivery occurs when a consignment of illicit drugs is detected, often concealed 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 officers, with a view to identifying and securing evidence against those involved for the importation/exportation. This could also incorporate couriers caught body packing or travelling with drugs concealed within their luggage.

108
Q

When is the offence of importing complete? (Must Know)

A

Criminal liability arises as soon as the drugs cross New Zealand’s border, and an importer may therefore be convicted under section 6(1)(a) even if the drugs are intercepted by Customs and never reach the addressee (the intended recipient).

109
Q

What is the criteria for issuing a surveillance device warrant? Section 51 S&S Act 2012 (Must Know)

A

The conditions for issuing a surveillance device warrant are that-
(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; and;
(b) The restrictions in section 45 do not prevent the issuing of a surveillance device warrant in the circumstances.

110
Q

What do you need to consider when profiling a potential address for an OP? (Must Know).

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.
111
Q

What is the criminal liability for possession for supply of a class A drug? (Must Know)

A

Section 6(1)(f) MODA 1975

no person shall—

(f) have any controlled drug in his possession for any of the purposes set out in paragraphs (c), (d), or (e). (The option (c) for this offence).

112
Q

Explain proving useable quantity? (Must Know).

A

While it is necessary that the amount of the controlled drug is of a useable quantity, under section 29A it is not necessary for the prosecution to prove that fact unless the defendant puts the matter in issue.

113
Q

What must the defendant prove to rebut the presumption for possession for supply under section 6(6)?

A

The presumption that the drug is for sale or 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, notwithstanding the amount. For example, the defence may argue that the suspect was heavily addicted and required large amounts for personal use.

114
Q

What must you prove when charging with possession for supply if there is less drug amount than outlined in section 6(6)?

A

A person in possession of less than the amounts specified in s6(1)(a) to (f) can still be charged with possession for supply if other circumstances provide good cause to suspect the offence.

These circumstances may include the environment in which the drugs were found, the way in which they were packaged, the suspect’s admissions, presence of large amounts of money or ‘tick-lists’ showing sales.

115
Q

What is the criminal liability for importing class B controlled drug?

A

Section 6(1)(a) MODA 1975.

116
Q

What is the case law for R v During (Must Know)

A

R v During
“[An offer is] an intimation by the person charged to another that he is ready on request to supply to that other drugs of a kind prohibited by the statute”.

117
Q

What is the case law for R v Brown (Must Know)

A

R v Brown
The defendant is guilty in the following instances:
(1) offers to supply a drug that he has on hand
(2) offers to supply a drug that will be procured at some future date
(3) offers to supply a drug that he mistakenly believes he can supply
(4) offers to supply a drug deceitfully, knowing he will not supply that drug

“… the making of such an intimation, with the intention that it should be understood as a genuine offer, is an offence”.

118
Q

What were the findings in R v McGinty in relation to disclosure of informant identiry. (Must Know).

A

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.

119
Q

What is the case law Police v Emirali?

A

“…the serious offence of … possessing a narcotic does not extend to some minute and useless residue of the substance”.

120
Q

What is the case law R v Rua

A

The words “produce” or “manufacture” in s 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.

121
Q

What is the case law R v Maginnis?

A

“[Supply involves] more than the mere transfer of physical control …

[it includes] enabling the recipient to apply the thing … to purposes for which he desires …”

122
Q

What is the case law in relation to possession in R v Cox?

A

Possession involves two elements. The first, the physical element, is actual or potential physical custody or control. The second, the mental element, is a combination of knowledge and intention: knowledge in the sense of an awareness by the accused that the substance is in his possession; and an intention to exercise possession.

123
Q

Who can call “landslide” in a clan lab?

A

Any member of the initial entry team.

124
Q

Who leads the controlled drug delivery operation?

A

Customs

125
Q

How can you deliver drug exhibits to ESR?

A

In person to the analyst who is to issue the certificate, or to a person authorised by the analyst to receive it,

By registered post or by courier post with signature required in a sealed package to an employee who has been authorised by the analyst in charge at the laboratory.

126
Q

You are part of a controlled delivery investigation. The targets have left with the consignment in the boot of a vehicle. It is not practicable to obtain a search warrant for the vehicle. You have been directed to stop and search the vehicle. Explain what power(s) you can use to stop and search this vehicle?

A

As it is impracticable to obtain a search warrant for the vehicle you can stop the vehicle pursuant to section 121 of the Search and Surveillance Act 2012, to exercise a power of search. You can then search the vehicle for evidential material relating to the controlled delivery under section 81 of the Search and Surveillance Act 2012. You should record all decisions around stopping the vehicle in your notebook.

127
Q

ohn gave his friend an ‘analogue’ of meth, is he guilty of supplying class A or class C or something else?

A

John is guilty of ‘something else’.

Ephedrine/pseudoephedrine are scheduled both as Class B controlled drugs in Schedule 2 and precursors in Schedule 4.

128
Q

Jenny met a 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 - is she guilty of importation?

A

Yes - wilful blindness.

In terms of proving guilty knowledge, proof that the defendant deliberately turned a blind eye to the facts will suffice.

129
Q

What are the ingredients of ‘obstruction of officers’ under S16 MODA1975?

A

16 Obstruction of officers

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

130
Q

What are 4 ways a controlled delivery could come about?

A

Customs detect drugs concealed in consignments of goods that are moving unaccompanied:

  1. in freight consignments
  2. unaccompanied baggage
  3. unaccompanied motor vehicles
  4. in the international postal service
131
Q

What are the circumstances required to conduct an internal search under S23 SS2012?

A

23 Internal search of person under arrest for offence against section 6, 7, or 11 of Misuse of Drugs Act 1975

(2) The circumstances are that—
(a) the person is under arrest for an offence against section 6, 7, or 11 of the Misuse of Drugs Act 1975; and
(b) the constable has reasonable grounds to believe that the person has secreted within his or her body any property—
(i) that may be evidence of the offence with which the person is charged; or
(ii) the possession of which by the person constitutes any other offence against section 6, 7, or 11 of the Misuse of Drugs Act 1975.

132
Q

What points to consider when profiling the addressee of a controlled delivery? (Must Know)

A
  • previous occupiers
  • real person or fake name
  • connections to the delivery address
  • relevant convictions/notings/associations
  • travel / connections to the country of origin
  • bank accounts (large deposits/overseas transactions)
  • full ID of target if possible
  • photographs of person
  • suspects knowledge surrounding covert enforcement techniques
  • family members
  • financial profile
133
Q

What are the ingredients for ‘supply class C to under 18’ and what must you prove?

A

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

  • ID of the suspect
  • Victims proof of age
  • Class C CD
  • Did supply/admin/offer
134
Q

What is set out in section 29 when someone is trying to claim a defecne that they did not know they had the particular controlled drug? (Mistake as to nature of controlled drug)

A

While guilty knowledge is an essential element, section 29 provides that it is not a defence that the defendant did not know the substance in question was the particular controlled drug alleged.

For example, it would not be a defence to a charge of supplying heroin if the defendant believed the drug he had supplied was in fact cocaine.

135
Q

What are the ingedeints for Supply equipment under S12A(1)?

A

Every person commits an offence against this Act who supplies, produces, or manufactures—

(a) any equipment or material that is capable of being used in, or for, the commission of an offence against section 6(1)(b) or section 9; or
(b) any precursor substance—

knowing that the equipment, material, or substance is to be used in, or for, the commission of an offence against those provisions.

136
Q

How does the crown prove guilty knowledge in relation to possession of controlled drugs for supply? (4 things)

A

In drugs cases it will be necessary for the Crown to prove that the defendant had:

  • knowledge that the drug exists
  • knowledge that it is a controlled drug
  • actual physical control or some degree of control over it
  • an intention to possess it
137
Q

What is the definition of evidential material under S & S Act 2012?

A

In relation to an offence or a suspected offence,

means evidence of the offence,

or any other item, tangible or intangible,

of relevance to the investigation of the offence

138
Q

Section 29B deals specifically with producing cannabis preparations, what does it state? (Must Know)

A

It provides that a cannabis preparation is produced by subjecting cannabis plant to some kind of processing that renders it unrecognisable as plant material – for example, producing cannabis oil or baking a cannabis cake.

It is for the prosecution to prove that the preparation to which the charge relates contains any tetrahydrocannabinols. Further provisions are contained within the section itself.

139
Q

What is the four step process for bail applications in relation to drug dealing offences?

A

1 Application for bail must be made before a Judge of the District Court or High Court by the defendant’s counsel

2 O/C Case should have forwarded instructions regarding bail to the prosecutor (regardless of whether bail is opposed or not, the O/C should always outline the conditions of bail to be sought) This provides the Crown Prosecutor with a “fall back” position in the event that bail is granted, in spite of the Crown’s opposition.

3 If bail is to be opposed, full and detailed reasons for opposing bail should be given. You should also consider providing the prosecutor with affidavits in support of the grounds for opposing bail.

4 The Judge will then remand the defendant for a case review hearing date or whatever is considered appropriate.

Modules (36 decks)

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