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Drugs Flashcards

1
Q

Section 6(1)(a) Misuse of Drugs Act 1975

A

Imports into / exports from NZ

Imports into OR
Exports from NZ
Any Controlled Drug

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2
Q

How are drugs commonly imported into NZ?

A

Drug importers will:
- Conceal drugs in/on their person or in their luggage
- Have another person bring the drugs in for them
- Send or have drugs sent by international mail or courier
- Conceal drugs inside legitimate goods

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3
Q

Customs and Excise Act 2018 - Imports definition

A

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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4
Q

Saxton v Police

A

To import includes “to introduce from abroad or to bring in from a foreign country”

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5
Q

R v Hancox

A

The act of importation does not cease when the aircraft / vessel enters NZ’s territorial limits - instead it continues until they reach their immediate destination, when they have ceased to be under the control of the authorities and have become available to the consignee or addressee.

Anyone who KNOWINGLY assists up until that point may be liable for a charge of being a party to the importation however if someone picks up the controlled drugs from their final destination, they may only be charged as having possession for supply (As seen in R v HANCOX)

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6
Q

What must the crown prove in relation to importation?

A

The crown must not only prove that the defendants conduct in some way contributed to the importation. It must also prove that:
- They knew about the importation AND
- Knew the substance was a controlled drug AND
- Intended to cause the importation

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7
Q

What does the term ‘wilful blindness’ mean?

A

You must prove guilty knowledge on the part of the accused however proof that the defendant intentionally turned a blind eye to the facts will suffice.

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8
Q

Section 5 Customs and Excise Act 2018 - NZ

A

New Zealand means the land and waters enclosed by the outer limits of the territorial sea of NZ (12 nautical miles from the land mass of NZ)

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9
Q

What is a controlled drug analogue?

A

An analogue is any substance with a structure significantly similar to a controlled drug - a substance that has similar dangerous effects but is not specifically listed in the schedules

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10
Q

What does a controlled drug analogue not include?

A
  • Any substance specified in schedule 1, 2 or parts 1-6 of schedule 3 (being a controlled drug)
  • Any pharmacy-only medicine or prescription medicine or restricted medicine within the meaning of the medicines act
  • An approved product within the meaning of the psychoactive substances act 2013.
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11
Q

Class A Controlled drug

A

A Class A controlled drug is listed in schedule 1 of the Misuse of Drugs Act.
- It poses a very high risk of harm to society and to the individuals.

Includes:
- Cocaine
- Heroine
- Lysergide (LSD)
- Methamphetamine
- Psilocybine (Mushrooms)

Synthetic drugs are also included as class A controlled drugs

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12
Q

Class B Controlled drug

A

A Class B controlled drug is specified in schedule 2 of the Misuse of Drugs Act 1975
- Poses a high risk of harm to society and to the individual

Includes:
- Amphetamine
- Cannabis preparations (oil and hashish)
- GBH (Fantasy)
- MDMA (Ecstacy)
- Morphine
- Opium
- Pseudoephedrine
- Ephedrine

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13
Q

Class C Controlled drug

A

Class C controlled drug is described in schedule 3 of this act and also includes any controlled drug analogue
- Class C controlled drugs pose a moderate risk to the individual and to society

Includes:
- Cannabis plant
- Cannabis Seeds
- Benzylpiperazine (BZP)
- Controlled drug analogues

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14
Q

What Class C controlled drug is not included under 6(1)(a) MODA 1975?

A

Any controlled drug listed in Part 6 of schedule 3

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15
Q

Guilty knowledge

A

For a person to be guilty of an offence relating to controlled drugs, they must have guilty knowledge:
A person who innocently possesses something they genuinely believed was not a controlled drug has a defence.

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16
Q

Guilty knowledge (Case Law)

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 it was not so.
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17
Q

Usable Quantity

A

While the court acknowledged in EMERALI that there must be a usable quantity of a controlled drug. They also acknowledged that this is dependant on more than just size and weight.
The nature of the controlled drug and the condition in which it is found is also relevant. As is whether or not it might be used to supplement any other small samples found to create a larger quantity.

Small samples can also provide circumstantial evidence.

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18
Q

Section 6(1)(b) Misuse of Drugs Act 1975

A

Producing/Manufacture

Produces OR
Manufactures
Any controlled drug

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19
Q

Producing and manufacturing definition

A

While R v RUA states that producing and manufacturing can be used synonymously, the prosecution must choose one or the other and police should therefore treat them as seperate offences.

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20
Q

Produce definition

A

Means to bring something into being or to bring something into existence from raw materials or elements

To compound: create a whole by mixing or combining two or more elements or parts

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21
Q

Is cannabis resin produced?

A

Yes, because the separating out of component parts may amount to production, such as separating cannabis resin (oil) from cannabis plant, as this creates a new form of the drug.
while they have not been altered, they have been concentrated which changes the schedule which the chemical is classified in. (Class C to Class B)

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22
Q

Manufacturing definition

A

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

Example; manufacturing methamphetamine from pseudoephedrine or heroine from morphine

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23
Q

When is the offence of producing / manufacturing complete?

A

Once the prohibited substance has been created, whether or not it is in a usable form. EG meth suspended in liquid.

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24
Q

Supply definition

A

To “Supply” means to “furnish or provide something that is needed or desired” and includes to “distribute, give or sell.

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25
Q

R v MAGGINIS

A

Supply involves more than mere transfer of physical control. It includes enabling the recipient to apply the thing, to a purpose which he desires. (allowing people to use the controlled drug for their own purpose)

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26
Q

Distributing definition

A

Distribution relates to the supply of drugs to multiple people

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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27
Q

Giving definition

A

Giving involves handing over or in some way transferring an item to another person.

The act of giving is complete when the recipient accepts possession - or where it is placed under the control of a willing recipient.

NOTE: Giving can occur without an active transfer of the drugs. EG where a person permits another to access a cache of drugs.

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28
Q

Selling definition

A

A sale occurs when a quantity or share in a drug is exchanged for some valuable consideration - commonly money.

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29
Q

Administering definition

A

Administering involves introducing a drug directly into another persons system.

EG. Injecting a person with heroine, heating cannabis resin between two knife blades while another person inhales, causing a person to consume a date rape drug by sipping a drink without their knowledge

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30
Q

Offering to supply or administer definition

A

This provision prohibits arousing another persons interest in the controlled drugs, or of tempting others to use them.

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31
Q

What must the prosecution prove in relation to offering to supply a controlled drug?

A
  • The communication of an offer to supply or administer a controlled drug (acts reps)
  • an intention that the other person believes the offer to be genuine (the mens Rea)
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32
Q

R v DURING

A

An offer is an intimation by the person charged to another that they are ready on request to supply to that other drugs of a kind prohibited by this statute

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33
Q

R v BROWN - 4 circumstances of supply

A

The defendant is guilty of supply in the following circumstances:
(1) offering to supply a drug they have on hand
(2) offering to supply a drug that will be procured at some future date
(3) offering to supply a drug that he mistakenly believes he can supply
(4) offering to supply a drug deceitfully, knowing he cannot supply that drug

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34
Q

R v Brown - is it a defence that the substance supplied was not a controlled drug?

A

No. The representation of the drug is the whole point of the offer - regardless of their true nature.

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35
Q

Where the defendant intends to rip off a person sentencing will be based on…..

A

the equivalent dishonesty offence

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36
Q

R v Brown - offer

A

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

This offer could be conveyed using words, writing or gestures.

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37
Q

What must the court prove in relation to an offer to supply?

A

That the defendant intended the other person to believe the offer.

The crown does not have to prove that they had the capacity to supply the controlled drug.

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38
Q

Otherwise deals definition

A

Means something other than distributing, giving or selling it, administering it or offering to supply or administer it.

An example would be barter or in exchange for something.

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39
Q

To any other person definition

A

The prosecution must prove that it was supplied to another person however it is not necessary to identify who.

The offence is gender neutral and a “person” is accepted by judicial notice of by circumstantial evidence.

Age is not relevant under paragraph (c) but it is under (d) and (e) involving Class C controlled drugs.

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40
Q

Why is being a Person under 18 significant in relation to drug offending

A

The legislation recognises the vulnerability of young people and the fact that drug use is likely to have a greater impact on them than on an adult.

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41
Q

Proof of age required

A

Where age is an essential element of a charge, the prosecution must prove the victims age at the time of the alleged offence, using the best available evidence to do so.

In practice; producing the birth certificate in conjunction with independent evidence (parents statement) that identifies they are the person named in the birth certificate.

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42
Q

What must be proven for knowledge (RE possession)

A
  • the defendant must be aware they possess the substance
  • the defendant identifies that the substance is a controlled drug
  • physical custody presumes knowledge, unless otherwise proven.
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43
Q

What must be proven in regards to knowledge and intent (possession)?

A

You need to establish they :
- Know they have the substance
- Know the substances nature or qualities (s29 deals with mistaken beliefs)
- Intend to use the substance in a way that allows you to charge them with possession.

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44
Q

Is lack of knowledge an excuse when possessing a controlled substance?

A

Yes, a genuine lack of awareness would exclude ‘knowing possession’ and thereby intent.

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45
Q

Control defintion

A

Means to exercise authoritative or dominating influence or command over something

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46
Q

Can more than one person be charged with possession?

A

Yes, where more than one person has access to drugs of a saleable quantity, they may be charged jointly with possession. However, you must prove that there was a shared intention to sell the drugs. (they must have entertained the purpose of selling - it is unnecessary to show that they had actually been sold)

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47
Q

Is it an offence to attempt possession of a controlled drug?

A

Yes, it is an attempt - which covers someone obtaining something innocuous believing it to be a controlled drug.

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48
Q

Purpose - definition in relation to supply

A

Can mean ‘aim’ or ‘intention’

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49
Q

Intent definition

A

Deliberate act committed to produce a specific result

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50
Q

Proving intent

A

The onus is on the prosecution to prove an offenders intent beyond reasonable doubt.

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51
Q

Proving intent in drugs cases

A

Evidence of intent can be inferred from
- admissions
- Circumstantial evidence (packaging, scales, tick lists, cash etc)
- The statutory presumption under 6(6)

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52
Q

Statutory presumption - definition

A

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 / she is in the possession of the controlled drug in an amount, level or quantity at or over which the controlled drug is presumed to be for supply.

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53
Q

When is there a defence to the presumption for supply?

A

The presumption 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. EG - if the defence may argue that the defendant was heavily addicted and required large amounts for personal use.

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54
Q

Can someone in possession of less than the presumption be charged with possession for supply?

A

Yes, a person can still be charged with possession for supply if other circumstances provide good cause to suspect the offence.

This may include - the environment the drugs for found, the way they were packaged, the suspects admissions, presence of large amounts of money or tick lists showing sales.

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55
Q

What is the presumptive amount for Heroine?

A

0.5grams

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56
Q

What is the presumptive amount for Cocaine?

A

0.5grams

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57
Q

What is the presumptive amount for Lysergide (LSD)?

A

2.5 milligrams or 25 flakes, tablets etc

58
Q

What is the presumptive amount for Methamphetamine?

A

5grams

59
Q

What is the presumptive amount for MDMA (Ecstacy)?

A

5grams or 100 flakes, tablets etc)

60
Q

What is the presumptive amount for Cannabis resin and extract (Oil)

A

5grams

61
Q

What is the presumptive amount for Cannabis plant?

A

28grams or 100 or more cigarettes

62
Q

What is the presumptive amount for any other controlled drug not listed?

A

56grams

63
Q

Conspiracy definition

A

A criminal conspiracy consists of an agreed intention which is common to the mind of the conspirators and a common design to commit an offence.

64
Q

Conspiring to deal

A

Section 6(2A) concerns conspiracy with one or more people to commit drug dealing offences.

Where there is a conspiracy to import controlled drugs into NZ and it is carried out overseas there will be a problem with jurisdiction.
- It will be necessary to prove that the defendant had done something in NZ for the offence to be within our jurisdiction.

Conspiracy is complete once the agreement has been made (it is not necessary to prove that steps were taken to committing the offence)

65
Q

What must you prove for an offence against Section 12A(1) MODA 1975?

A

The crown must prove:
- That the defendant has supplied, produced or manufactured equipment, material or precursors.
- That this 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

66
Q

Equipment definition:

A

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

EG. Glassware, condensers, heating mantles etc used in the manufacture of methamphetamine; or pots, lights, timers, water pumps etc used in the cultivation of cannabis.

67
Q

Material definition

A

Likely to include anything used in the process of producing, manufacturing or cultivating, that cannot be properly described as equipment.

EG chemicals, documents providing instructions on the manufacturing or cultivating process, or fertilisers, nutrients etc used in cultivation.

68
Q

What must you prove in relation to equipment?

A

That it is capable of being used in the process of producing or manufacturing controlled drugs.

69
Q

Precursor substance definition

A

Precursor means ‘forerunner’ - something that comes before something else. In this context it refers to the starting point in the chemical process.

Any substance specified or described in Part 1 or 2 of Schedule 4.

Examples;
- Acetic Anhydride (precursor to heroin)
- Lysergic acid (precursor to LSD)
- Ephedrine / pseudoephedrine (precursor to methamphetamine) NOTE: also listed as controlled drug in schedule 2 and precursors in schedule 4

70
Q

What does ‘knowledge’ mean in regards to possessing / selling equipment?

A

Knowledge requires more than mere suspicion - it must be proved that the accused KNEW the items were to be used in the commission of a specified offence.
“To be used” requires that the knowledge must relate to offending that will occur in the future.

71
Q

What must prosecution prove under S12A(2) MODA 1975?

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
72
Q

“Intent” that it is to be used definition

A

It is not necessary that the defendant intends to use it himself - it is sufficient that he intends it to be used by another person.

While it is necessary to prove that the defendant intended to carry out the offence, it is not necessary to prove that it was actually committed or even attempted.

73
Q

What is the defence to Section 9 Misuse of Drugs Act 1975 ?

A

It shall be a defence if the person charged proves that the prohibited plant to which the charge relates was of the species Papaver somniferous and that it was not intended to be a source of any controlled drug and it was not being developed as a strain from which a controlled drug could be produced.

74
Q

Methods of importation

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)
  • Imported sea freight
  • Transhipped air or sea freight (transmitting through NZ)
  • Arriving commercial vessel (Hidden on board or attached to the vessel)
75
Q

Option 1 - Controlled deliveries

A

A “Clean controlled delivery” where no drugs are left within the consignment.
- Eliminates the risk of drugs being lost
- Gives greater freedom in organising the surveillance of the consignment
- Reduces the risk of alarming the targets who may have counter surveillance
- Only “importation” and/or “Conspiracy” charges are likely.

76
Q

Option 2 - Controlled deliveries

A

Leaving an amount of the drug within the consignment.
- Can charge the offender with a “possession for supply” charge
- Provides emergency powers should the drugs move to person or places that aren’t covered in search warrants.
- The remainder of the drugs are substituted
- Will need greater security and recovery on termination is PARAMOUNT

77
Q

Can a controlled delivery still be attempted without removal or substitution ?

A

Yes - the nature of the concealment or the size of the consignment can sometimes make the removal / substitution of the drugs impossible. A controlled delivery can be attempted however there must be even closer surveillance and control - even at a risk of alarming the organisers. There must be NO risk of losing control over the consignment.

78
Q

What must you consider when profiling a delivery address?

A
  • Occupants
  • Council
  • Rubbish delivery
  • Housing NZ
  • Telecommunications services
  • Electricity / gas supplier
  • Previous occupants
  • Police staff who have visited premises
  • CHIS
  • Fixed / mobile surveillance
  • Photographs / videos
  • Security
  • Suspect Monitoring
79
Q

What to consider when profiling the addressee:

A
  • Previous occupiers
  • Real person / false name?
  • Connections to delivery address
  • Relevant conivctions
  • Bank accounts
  • Photographs
  • Police Intel held
  • Suspects knowledge around surveillance
  • Suspects knowledge around technology
  • Other agency intel
  • Financial profile
  • Family members / associates / vehicles / addresses etc
  • Lifestyle
  • Tracking devises
  • Risk assessment
80
Q

Setting up an Observation Post (OP)
CONSIDER:

A

Must find a suitable location (ideally staff or friendlies who live in the vicinity)
Consider:
- Camera OP requirements VS intercept requirements
- Whether surveillance device warrant required
- The staff having to occupy the OP.

81
Q

Profiling a potential address

A

Must consider:
- Proximity to target address
- Unobstructed line of sight to target address
- Access to and from address without arousing suspicion
- Ability to beam signals and / or tap into Telecom cables
- Phone lines available
- Other conditions relating to the vicinity of the OP (schools, parking etc)

82
Q

Profiling the occupants of a potential address

A

Consider:
- NIA checks
- Employment
- Credit cards
- Power account
- CUSMOD checks

83
Q

Things to consider when approaching occupants

A
  • Cover story
  • Protection of identity
  • Room available with 24 hour access
  • Preferably no children
  • Preferably no visitors to address
  • Gratuity
84
Q

What methods of delivery can be used in controlled deliveries?

A
  • Re-introduce into the postal system (delivery by postie)
  • Delivery by courier
  • Police/customs staff to pose as polite / courier
  • Consider recording the interaction
85
Q

What if the addressee is not at the delivery address?

A

Consider:
- Leaving the package in letter box or at the door
- Attempting delivery at a later time
- Leaving a “card to call” and wait for contact

86
Q

What if the addressee accepts the package?

A

Consider:
- Monitoring audio / tamper devices and crunch when package is opened.
- Deciding the length of time to hold cordons
- Staff / resources
- Other operational commitments

87
Q

What if the package goes mobile?

A

Consider:
- Control, communication and risk
- Proximity of tracking/monitoring vehicles to target
- Crunch cars to keep back and let surveillance relay the targets activities
- Need for repeaters to ensure no loss of communications

88
Q

What if the target goes mobile without the package?

A

Consider
- Control, communication and risk
- Splitting resources and surveilling both
- Keeping observation on package location at all times to avoid loss of evidence / equipment.

89
Q

When must a medical practitioner not conduct an internal search of a person under section 23?

A
  • If he / she believes the search would be prejudicial to the persons health
  • Is satisfied that the person is not prepared to permit them to do the internal search
90
Q

Private communication definition

A

(a) Means communication (whether in oral or written form, or in the form of a telecommunication, or otherwise) made under circumstances that may reasonably be taken to indicate that any party to the communication desires it to be confined to the parties in the communication.

91
Q

What does ‘private communication’ not include?

A

Does not include a communication of that kind occurring in circumstances which any party to the communication ought reasonably to expect that the communication may be intercepted by some other person without having the express or implied consent of any party to do so

92
Q

Interception device definition

A

Means any electronic, mechanical, electromagnetic, optical or electro-optical instrument, apparatus, equipment or other device that is used or is capable of being used to intercept or record a private communication.

93
Q

What does ‘interception device’ not include?

A

A hearing aid or similar device used to correct subnormal hearing of the user to no better than normal hearing

94
Q

‘Visual Surveillance Device’ definition

A

Any electronic, mechanical, electromagnetic, optical or electro-optical instrument, apparatus, equipment or other device that is used or is capable of being used to observe and record any private activity

95
Q

What does a ‘visual surveillance device’ not include?

A

Spectacles, contact lenses or a similar device that is used to correct subnormal vision of the user to no better than normal vision

96
Q

What are the three types of a surveillance device?

A

An interception device
A tracking device
A visual surveillance device

97
Q

‘Tracking device’ definition

A

a device that may be used to help ascertain, by electronic or other means, either or both of the following:
- The location of a thing or person
- Whether the thing has been opened, tampered with, or in some other way dealt with

98
Q

What does a ‘tracking device’ not include?

A

A vehicle or other means of transport

99
Q

Trespass surveillance

A

Surveillance will be unlawful if it involves a trespass unless authorised by a surveillance device warrant.

Where trespass surveillance is involved, the legislation restricts the use of a VISUAL SURVEILLANCE device to obtaining EM for serious offences (punishable by 7 years imprisonment + OR some offences against the arms act) ONLY.

100
Q

Interception devices - restrictions

A

The use of interception devices are also restricted to ‘serious’ offences with a maximum imprisonment of 7 years or more.

101
Q

When must you obtain a SDW?

A

Section 46 Search and Surveillance Act 2012

  • Using an interception device to intercept a private communication
  • Use of a tracking device (except when installed for the purpose of ascertaining if something has been opened, tampered or otherwise dealt with) and the installation does not involve trespass
  • Observation of private activity in private premises (and any recording of that activity)
  • Use of a surveillance device that involves trespass
  • Observation of private activity in the curtilage that exceeds 3 hours in a 24 hour period or 8 hours total (for an investigation or connected series)
102
Q

Activities that do not require a SDW

A

Section 47 Search and Surveillance Act 2012

  • An enforcement officer is lawfully in private premises and records what he / she observes / hears there (provided that they only record what they could see / hear without the use of a surveillance device)
  • Covert audio recording of a voluntary oral communication between 2 or more persons made with consent of at least one of them.
  • Activities carried out by the enforcement officers use of a surveillance device, if authorised under any enactment other than this Act.
103
Q

What are the specific provisions relating to Surveillance devices in situations of emergency relating to drugs?

A

Section 48(2)(e)

The enforcement officer has:
- RGTS that an offence has / is / will be committed in relation two a controlled drug specified/described in schedule 1, part 1 of schedule 2, or part 1 of schedule 3 of the Misuse of Drugs Act 1975 or to a precursor substance specified in part 3 of schedule 4 AND
- RGTB that the use of the surveillance device would obtain EM in relation to that offence.

You MUST consider whether under section 48(1) you would be entitled to make an application for a surveillance device warrant and it is impracticable to obtain one at that time.

104
Q

R v MCGINTY

A

A judge was not required to refuse a (surveillance device) warrant because the police had not exhausted every conceivable alternative technique of investigation.

105
Q

What is the criteria for issuing a surveillance device warrant?

A

There are:
- RGTS that an offence has / is / will be committed in respect of which this act authorises the officer to apply for a warrant to enter premises for the purpose of obtaining evidence AND
- RGTB that the use of a Surveillance Device will obtain information that is EM of the offence
- AND the provisions of S45 do not prevent the issuing of a SDW in these circumstances.

NOTE: A high standard of evidence is required.

106
Q

Protection of CHIS identity

A
  • Section 64 of the Evidence Act grants privilege to informers that protects their identity
  • You are NOT required by law to name your chis (good practice to use a registered code number)
107
Q

R v MCGINTY - CHIS

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.

108
Q

When must the privilege under section 64 (CHIS protection) be disallowed by the judge?

A
  • Where there is a prima facie case that the information was given for a dishonest purpose or to enable/aid anyone to commit/plan to commit an offence.
  • It MAY be disallowed where the judge is of the opinion that evidence of the information is necessary to enable the defendant to prepare an effective defence
109
Q

What must a SDW contain:

A
  • It must be in the prescribed form
  • It must be directed to every enforcement officer who has authority to carry out the activities authorised by the SDW
  • Specify a period up to 60 days
  • Contain a condition as to providing a SDW report
  • Contain a condition as to privilege.
110
Q

What other particulars must a SDW contain:

A
  • Name of issuing judge and date
  • the provision authorising the application
  • The type of surveillance device the use of which the warrant authorises
  • The name / address or other description of the person, place, vehicle, or other thing that is the object of the SDW
  • The EM that may be obtained by the use of the SD
  • provision as to call associated data
  • Provisions of entry and use of force
111
Q

How long can surveillance data be retained?

A

If charges have been laid
- Until the conclusion of appeal proceedings
- The expiry of a period in which an appeal can be sought

No longer than three years if
- No charges have been laid
- The data is required for an ongoing investigation

A judge can extend this by no more than two years on application

112
Q

When can relevant intercepted communications be withheld from the defendant?

A

On one or a combination of the following grounds:

  • Information which is likely to prejudice the maintenance of law
  • Disclosure of the information is likely to endanger the safety of persons
  • Disclosure of the information is likely to prejudice the security or defence of NZ
  • Disclosure of personal and private information
  • Disclosure of privileged information
113
Q

Relevancy definition ( regarding disclosure )

A

“Relevant in relation to information or an exhibit, means information or an exhibit that tends to support or rebut, or has a material bearing on the case against the defendant”

114
Q

What are Outside Clan Lab indicators?

A
  • Chemical odours, coming from the building, rubbish or detached buildings
  • Exhaust fans running at odd times
  • Frequent visitors at odd hours
  • Windows blackened out or curtains drawn
  • People coming outside to smoke
  • Occupants unfriendly
  • Expensive security
  • Access denied to landlords
  • Rubbish containing a large amount of cold medication
  • Bottles, plastic containers and boxes
115
Q

What are inside Clan Lab indicators

A
  • Lab glassware
  • Containers with clear liquids in them
  • Containers with two layered liquids in them (one dark layer and one clear / yellowing layer)
  • Used coffee filters containing either a white pasty or reddish brown substance
  • Baking dishes or similar
  • Hot plates near chemicals
116
Q

What are the Safety Considerations when dealing with clan labs

A
  • Leave the area
  • Do not touch, taste or smell any chemicals
  • Do not attempt to stop the chemical reaction
  • Do not shut off the water supply to the house
  • Do not smoke near a Clan Lab
  • Do not use tools, radios, cell phones, forces or any devices that produce sparks
  • Do not re-enter the area
117
Q

Clan Lab exposure may result in:

A
  • Headaches
  • Watery or burning eyes
  • Nausea
  • Burning skin
  • Coughing or choking
  • Pain int he diaphragm
  • Feeling of coldness / weakness
  • Shortness of breath
  • Vertigo and convulsions
118
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
119
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
120
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
121
Q

Outline the penalties for the different classes of drugs.

A

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

122
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).

123
Q

Who leads the controlled drug delivery operation?

A

Customs

124
Q

What are the offences automatically prosecuted by the crown?

A
  • S6(1)(b) or (2A) production / manufacture of or conspiracy to produce or manufacture methamphetamine
  • S10 Aiding offences against corresponding law of another country
  • S12C Commission of offences outside New Zealand.
125
Q

What are the time limits for charging for drug offences?

A

Any time for offences of dealing, cultivating or aiding offences.

Any other offences under this act is for four years after the date on which it was committed.

126
Q

Section 16 of the Bail Act 2000

A

A defendant who is charged with or convicted of a drug dealing offence may be granted bail by a high court / district court judge

127
Q

Section 17A of the Bail Act 2000

A

This section applies to those that are charged with a serious Class A drug offence

No defendants to whom this section applies may be granted bail or allowed to go at large.
- unless the defendant satisfies the judge that bail or remand at large should be granted.
- Must satisfy the judge beyond the balance of probabilities that they will not offend while on bail

128
Q

Under Section 30 of the Bail Act 2000 what special conditions can a judge impose on the defendant?

A
  • An EM condition
  • Any other condition that will make it likely that the defendant will appear as required in court. (E.g confiscation of passport, confining them to a geographical area etc)
129
Q

How can a drug be delivered 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.
130
Q

What must you be able to do in terms of Chain of Evidence when it comes to a Standard drugs envelope being sent to ESR?

A
  • Describe the packaging to prove chain of evidence (by sealing and labelling it with the file reference name)
  • Quote the registered article number and other details of the registered mail
  • Produce the receipt of its delivery to the ESR
131
Q

IF you are delivering the exhibit to the analyst in person, you must cross reference the:

A
  • Name of the person who signed the certificate
  • Receipt signature on the POL 143 form
  • Evidence of the police member who delivered the drug to the ESR
132
Q

What must you ensure and prove with regards to delivery to an authorised employee?

A
  • The name of the person to whom the drug was delivered
  • The person who received the package was a person who works in an approved laboratory and who is authorised, by the analyst to receive it
  • The package was sealed
133
Q

When must the defendant be given a copy of the analysts certificate and written notice that they will not be called?

A

At least 7 days before the hearing at which it is to be presented as evidence

134
Q

What must the defendant do if they do not wish to accept the analysts certificate as evidence?

A

They must give their notice in writing at least three days before the hearing that they wish for the analyst to be called as a witness by the prosecution.

135
Q

Method of service of the analysts certificate?

A
  • Can be delivered to a member of the defendants family or to their solicitor
  • Must be dated at least seven days before the hearing
  • Must be proved to have been served either by oral evidence or a constables endorsement
136
Q

The analysts certificate is admissible if

A
  • the defendant is served at least seven days clear of the hearing and provided with a copy of the certificate
  • The defendant does not, at least three days before the hearing, give written notice that the analyst be called
  • The court does not request the oral evidence of the analyst
137
Q

Who can provide advice and review evidence/prepare a brief for drugs cases?

A

District Drug Squad supervisors are available to provide advice and can review evidence / prepare a brief of evidence.

138
Q

What other criteria, when met, requires the supply of a class a drug (not including methamphetamine) to be prosecuted by the crown

A

(a) the quantity of drugs is more than 5 times the presumption for supply
(b) there is some other evidence of large scale dealing besides quantity seized
(c) there is a large amount of intercepted communications

139
Q

How would large scale dealing be substantiated?

A

i) admissions
ii) amount and sophistication of equipment
iii) Volumes of precursor materials
iv) evidence of chemical purchases
v) intercepted communications
vi) Observation evidence
vii) records of proposed / actual sales
ix) other evidence; travel movements etc
x) expected evidence

140
Q

What is the criteria for other drug offenses (B and C) to be prosecuted by the crown?

A

a) the quantity is 10 times the presumption for supply
b) evidence of large scale dealing
c) large amount of interception device data

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