Drugs Flashcards
Act, Section, Elements of Import/ Export Controlled Drug
Section 6(1)(a), Misuse of Drugs Act 1975 - Life Imprisonment
- No person shall
- Import into OR export from New Zealand
- Any controlled drug
Act, Section, Elements of Produce/ Manufacture Controlled Drug
Section 6(1)(b), Misuse of Drugs Act 1975
- No person shall
- Produce or manufacture
- Any controlled drug
Act, Section, Elements of Supply/Administer/Offer to Supply or Administer Class A or B Controlled Drug
Section 6(1)(c), Misuse of Drugs Act 1975
- No person shall
- Supply or administer, or offer to supply or administer, or otherwise deal in
- Any Class A controlled drug or Class B controlled drug
- To any other person
Act, Section, Elements of Supply/Administer/Offer Class C Controlled Drug to persons Under 18 years of age
Section 6(1)(d), Misuse of Drugs Act 1975
- No person shall
- Supply or administer, or offer to supply or offer to administer,or otherwise deal in
- Any Class C controlled drug
- To a person under 18 years of age
Act, Section, Elements of Sells or offers to sell Class C Controlled Drug to persons of or over 18 years of age
Section 6(1)(e), Misuse of Drugs Act 1975
- No person shall
- Sell, or offer to sell
- Any Class C controlled drug
- To a person of or over 18 years of age
Act, Section, Elements of Possessing a Controlled Drug for Supply/ Administer/ Sell/ Offer
Section 6(1)(f), Misuse of Drugs Act 1975
- No person shall
- Have in his possession
- Any controlled drug
- For any of the purposes set out in paragraphs (c), (d), or (e) of section 6(1) MODA75.
Define Producing
Produce means to bring something into existence from its raw materials or elements. eg. cannabis to cannabis oil / home bake heroin.
Define Supply
Section 2 MODA1975 - To provide something that is needed or desired, includes give, sell and distribute.
Define Controlled Drug
As specified in Section 2 MODA 1975
SPAM + CDA
S - Substance
P - Preparation
A - Article specified
M - Mixture
CDA - Controlled Drug Analogue
Define Manufacturing
The process of synthesis; combining raw materials to create a new substance. eg. cooking meth
Police V Emerali
Possession does not extend to some minute and useless residue of the substance - useable quantity
R V Strawbridge
To be guilty of an offence, the accused must have guilty knowledge.
If the accused honestly believed on reasonable grounds that her act was innocent then they are entitled to be acquitted unless the jury are satisfied beyond reasonable doubt that the this was not so.
(There is a reverse onus put on the defendant to prove they had no knowledge of the substance).
R v During
Offer means ready on request to supply a drug.
R V Rua
The offence of producing or manufacturing covers the creation of a controlled drug by a process that changes the original substance into a particular controlled drug.
The offence is complete once the prohibited substance is created, whether or not it is in a useable form.
What is guilty knowledge in relation to drugs?
KKI
Knew about the offence
Knew about the substanced
Intended to commit the offence
Define Sell
Exchange for valuable consideration
Define Give
to hand over, to enable use
Define Distribute
Supply to multiple people
R v Brown
Offence of supply exists when offer is made with intention that it
should be understood as genuine.
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
R v Cox - Possession
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.
What is the definition of a Class C drug?
Any drug specified in Schedule 3 of this Act and includes any controlled drug analogue
When is the offence of manufacturing complete?
The offence is complete once the prohibited substance is created, whether or not it is in a useable form.
Who can call a landslide in clan lab?
Any member of initial entry team
List four things to consider for a controlled delivery operation (pg. 63)
- Find 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.
- Camera OP requirements versus intercept requirements (Forward Base)
- Whether Surveillance device warrant required under S&S Act 12.
- The staff having to occupy the OP.
What is the 90 Second Rule in relation to Clan Labs?
This rule assumes that if offenders are present and moving inside the Laboratory then the atmosphere will sustain life. It assumes that the IET (Initial Entry Team) wearing the minimum level of PPE, may safely enter and extract suspects for a period of up to ninety seconds.
What are the presumption for supply amounts for LSD, Cannabis, Meth, Cocaine etc?
- LSD 2.5 mg, 25 tabs
- Meth 5 grams
- Cannabis 28 grams or 100 cigarettes
- Cocaine .5 grams
- Heroine .5 grams
The presumption that a drug is for sale/supply may be rebutted if the person is able to prove what? (pg. 36)
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.
What are four ways a controlled drug delivery could come about?
- International mail centre - Inside a mail consignment.
- 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 arrived via sea.
What is a controlled delivery?
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 the view to identifying and securing evidence against those involved for the importation or exportation.
What points should you consider when profiling the addressee of a controlled delivery
- Previous Owners
- 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
List 10 things to do when preparing for a controlled delivery?
- Assume ownership and leadership of the investigation and appoint roles
- Liaise with customs OC Exhibits and where appropriate take control
- Consider whether to conduct an electronic interception as part of the controlled delivery
- Request Customs to manipulate the ‘track and trace’ system if the parcel in in the t & t system
- Contact Surveillance squad, Photography, CMC and TCU early as possible
- Intel phase – Profile the package, delivery address, addressee.
- Find a suitable OP address
- Repacking controlled delivery packages
- Search warrants
- Method of delivery and contingency plans for different delivery scenarios.
What are the two options available for controlled deliveries?
- A clean controlled delivery where no drugs are left within the consignment. This eliminates any risk of the drugs being lost and allows for more freedom in organizing the surveillance of the consignment and reduces the risk of alarming the targets who may have arranged counter surveillance. Only Importation and conspiracy charges are likely to be laid.
- Leave an amount of the drug within the consignment to enable the option of charging an offender with a possession for supply charge.
When is importation complete?
It’s irrelevant if it is available to the consignee. The criminal liability arises when the drugs cross New Zealand’s border.
What are the Ingredients of allowing/permits premises?
Section 12 moda75
- Every one commits an offence who
- knowingly permits any premises, vessel, aircraft, hovercraft, motor vehicle or any other mode of conveyance
- to be used for the purpose of the commission of an offence against this Act.
List 3 things that must be proven for supplying equipment – section 12A(1) MODA 75
There must be proof that the Defendant:
1. Had the equipment, material or precursors in his possession
2. That those items are capable of being used to produce or manufacture any controlled drug or cultivate any prohibited plant.
3. That the Defendant had the intention that those items are to be used for such an offence either by himself or another person.
Regulation 11 relating to offering, accepting, disposing of syringes pg 52 (three offences)
Every person commits an offence who:
- Offers to any other person for use by that other person a used needle or used syringe or
- Accepts for use a used needle or used syringe or
- Disposes of a needle or syringe in a public place
List 4 occasions when a surveillance device warrant is required – section 46 SASA 2012 pg 81
- Use of an interception device to intercept a private communication.
- 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.
- Observation of private activity in private premises and any recording of that observation by means of a visual surveillance device.
- Use of a surveillance device that involves trespass to land or trespass to goods.
- Observation of private activity in the curtilage of private premises, and any recording of that observation, if any part of the observation or recording is by means of a visual surveillance device and the duration of the observation for the purposes of a single investigation or a connected series or investigations exceeds 3 hours in any 24 hour period or 8 hours in total.
What is the Criteria for a surveillance device warrant - Section 51 S&S Act 2012 pg 85
There are reasonable grounds:
1. 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 authorizes the enforcement officer to apply for a warrant to enter the premises for the purpose of obtaining evidence about the suspected offence and
- To believe that the proposed use of the surveillance device will obtain information that is evidential material in respect of the offence and
The restrictions in section 45 do not prevent the issue of a surveillance device warrant in the circumstances.
A high standard of evidence is required to satisfy the judge which means that you will have to disclose in the application certain matters that you would normally regard as confidential.