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1- Study > Drugs 011 Must Knows > Flashcards

Drugs 011 Must Knows 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

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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4
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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5
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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6
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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7
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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8
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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9
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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10
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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11
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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12
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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13
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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14
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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15
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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16
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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17
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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18
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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19
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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20
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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21
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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22
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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23
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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24
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

25
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

26
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.

27
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.

28
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
29
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.

30
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.

31
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.

32
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

33
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
34
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.

35
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.
36
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.

37
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.

38
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.

39
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.

40
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
41
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.

42
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.
43
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.

44
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.”
45
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.

46
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.
47
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.

48
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.

49
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.

50
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.

51
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).

52
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.

53
Q

What do you need to consider when profiling a potential address for an OP? (6)(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.
54
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).

55
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.

56
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”.

57
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”.

58
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.

59
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

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