drugs Flashcards
what is the definition of a Tracking device
A device used to ascertain if
- a thing has been opened or tapered with or
- the location of a thing or person
Mens Rea of importing
the crown will have to prove the defendants conduct contributed is some way and the defendants guilty knowledge.
proof that the defendant
- knew of the importation
- knew the substance being imported was a drug
- intended for the import to happen
R v HANCOX
importation exists from the time it arrives in NZ, and continues until it reaches its final destination with the consignee or addressee.
R v SAXTON
Brining into or cause to be brought into NZ from a foreign country
Definition of Importation
The arrival of goods into NZ in whatever manner, lawfully or unlawfully, from a point outside NZ
Def. Controlled drug
Any Substance, preparation, article or mixture specified in schedule 1,2 or 3 of the act. Includes any CD analogue
Useable quantity must be measurable or useable. What does R v EMERALLI state
possession narcotics does not extend to some useless and minute residue of the substance.
proving usable quantity? how
while necessary for the CD to be a useable quantity, it is not for the prosecution to prove unless the defendant puts the matter at issue.
R v RUA
The creation of a drug by a form or process which changes the original substances into a particular drug
Def of Produce
to bring something into being or existence from its raw materials
def of Manufacture
the process of synthesis, the combining components or processing raw materials to create a new substances.
when is manufacturing drugs complete
as soon as the substance is created, does not have to be in a usable form
R v MAGINIS
more than the mere transfer of physical control, includes enabling the person to apply the thing for he purpose they desired.
Supply definition and what does it include
Def: to furnish or provide something that is wanted or desired
Includes distribute, sell or give.
when offering to supply or administer, what are the 2 elements which must be proved?
- the communication of an offer to supply/administer the drug (Actus Reas)
- An intention that the other person believes the offer to be genuine (Mens Rea
R v BROWN
Guilty in the following
- offer to supply a drug they have on hand
- offer to supply a drug they will procure at a future time
- offer to supply a drug they mistakenly believe they can supply
- offer to supply a drug deceitfully knowing they will not supply the drug
otherwise deals in
dealing a drug in an other way than by distribute/sell/give. ie barter or exchnage
R v FOREST AND FOREST
the best evidence possible should be adduced by the prosecution as to proof of age.
what is 6(1)(a)
Imports into or exports from NZ any CD
What is 6(1)(b)
produce or manufacture any CD
What is 6(1)(c)
Supply (offer/admin) class A or B CD
What is 6(1)(d)
Supply (offer/administer) class C CD to person under 18
What is 6(1)(e)
sell/offer to sell class C CD to person over 18
what is 6(1)(f)
possession of CD for supply.
Criminalizes the possession of CD for sub sections C, D and E
What has to be proved for possession?
Physical element - actual control or custody over the drugs
Mental Element - Knowledge that he had the substance in his possession and the Intention to exercise possession
R v COLLISTER
Circumstantial evidence from which an offenders intent cna be inferred by
the words or actions before during or after the act, the surrounding circumstances and the nature of the act itself.
what is the purpose of possession-presumptive quantity
that if a person is in possession of a specified amount of any drug, it will be presumed they have the drug for one of the purposes set out in 6(1)(c), (d) or (e)
Schedule 5??
presumptive amounts Heroin 0.5 grams Cocaine 0.5 grams LSD 2.5 milligrams or 25 tabs Meth 5 grams MDMA 5 grams Cannabis resin 5 grams Cannabis plant 28 grams or 100 ciggies
Section 6(2A)
Conspiring to deal with CD
Difference between 12A(1) and 12A (2)
12A (1) is knowingly supplies equipment or precursors
12A(2) is possession the equipment or precurssors
what is the difference age makes involving class C
can be charged with supply or administer/offer under 18,
only sell/offer for over 18
when does importing end
as soon as it reaches it final destination and becomes available to the consignee
Def of NZ
the land and waters enclosed by the outer limits of the territorial sea of NZ
What is section 12 MODA refer to.
Allowing premises/ vehicle to be use against a commission of an offence against MODA
what it the difference between obstruction SOF and MODA
MODA is obstruction when an officer is executing powers under that act.
what are the powers involve in controlled deliveries?
S12 is customs only
S81 S&S - search of people/places/vehicles in relation to deliveries under S12.
4 ways drugs can enter NZ
concealed on a person or in luggage - airport
inside mail
air freight
sea freight
what two delivery options are there for controlled deliveries
- clean controlled delivery - no drugs left in the consignment
- small amount left within the consignment to enable option for prosecution of possession of supply
what are the 3 surveillance devices available
- Tracking device - location of thing, tampering/opening of a thing
- Interception device - intercept and /or record private communication in private premises
- Visual surveillance device - to observe or observe and record private activity in PP
how long can you use a tracking device without a SDW
48 hours
S 13(A) MODA relates to what and what are the requirements
internal search - only if you have RGTB they are concealing class A or B and they are not under arrest
private communication definition
communication ( whether written oral or form of telecommunication) made in the circumstances where any party desires the communication to be confined to only those parties in the communication
interception device
any electronic, mechanical, electromagnetic, optical, electro optical instrument, apparatus, equipment or other device used to intercept or record any private communication.
visual surveillance device definition
electronic, mechanical, electromagnetic, optical, electro optical instrument, apparatus, equipment, other device used to observe or observe any private activity in a private premises.
activities which a SDW is required.
a. interception device to intercept private communication
b. tracking device where trespass on to land is requires to install it
c. observe private activity in a private premises
d. use of as surveillance device used to observe or observe and record any private activity in
a private premises.
e. observe or observe and record any private activity in the curtilage of a PP which exceeds 3 hours in any 24 hour period or 8 hours in total.
what are the conditions for issuing a SDW
- RGTS an offence has been committed or about to be committed for the purpose of obtaining evidence about the suspected offence.
- RGTB the SD will obtain info that is evidential material in respect of the offence.
What is an Evidential Transcript?
An analysis of the intercepted communication must be A verbatim copy of the recorded conversation.
How long are SDW valid for
60 days
4 things should be undertaken in 1st 24hrs in relation to telephones in an operation
Trapping phone data
Liase with the teleco company
Draft PO
prove phone ownership
5 outside clan lab indicators
chemical odors
frequent visitors
blacked out windows/curtains drawn always
security cameras
bottles or containers with labels removed
5 indoor clan lab indicators
lab glassware and equipment containers with 2 layers liquids used coffee filters baking dishes hot plates
5 safety consideration for a clan lab
leave the area immediately don't touch or taste anything don't turn water or power off don't try any stop the chemical reaction do not re enter
Definition of Emergency
Actual or imminent danger to human health/safety
Danger to the environment, so significant immediate action is required to remove the danger-from hazardous substances
what is an unplanned clan lab entry?
when a clan lab is discovered during the course of normal day to day duties
What are the time limits for filing of MODA charging documents (S28)
At any time for offenders S6, S9 and S10 offences
Any other offence - within 4 years from the date of the offence
what is S9?
Cultivating (or conspiring) class C CD.
what are category 3 offences?
Category 3 = All S6 offences
what is S16 and S17 of the bail act?
S16 = only a High Court or DC judge can grant bail for drug dealing offences
S17 = are restrictions on bail if charged with Class A - defendant must satisfy the judge they will not commit any drug dealing offences if bailed or remanded at large
Section 3 of the bail Act an Judge can do what?
For any offence against S6 involving class A or B the judge can
impose either an electronic monitoring condition or
a condition to ensure there appearance in court, ie. surrender of passport or
any other condition the judge considers necessary ie. non association with certain people
what are the 4 steps in the bail application process?
- application for bail must be made before a judge by the defense counsel
- O/C case must provide instruction regarding bail to the prosecutor, outlining conditions sought should bail be granted
- If bail is opposed, full and detailed reasons should be given with support (OTB)
- Judge will remand the defendant off to a CRH date.
who can deliver exhibits to ESR
A police member or police employee
For the evidence in a certificate of analysis to be admissible, what procedures must be followed?
- chain of evidence is unbroken
- material to be analyzed is not tampered with or contaminated
- the defense is aware of the analysis and results and given reasonable time to prepare a defence.
The Analyst certificate is admissible evidence only if…
is served at least 7 days clear of the hearing
the defendant does not, at least 3 days before the hearing, give written notice that the analyst to be called
the court does not request the the oral evidence of the analyst.
can someone be charged with attempted possession
Yes. it is an offence to attempt to gain possession of a drug
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.
