Drugs

Question 1

List equipment located during searches associated to clan labs

Answer 1

• acids
• heat sources
• coffee grinders and filters
• chemicals
• bulk medicine
• lab glassware
• par bombs

Question 2

Explain R v Strawbridge in detail

Answer 2

In the absence of evidence of knowledge of the controlled drug, then knowledge will be presumed. It is for the defendant to raise the issue if they believe they had a genuine and honest belief in an innocent act.

Question 3

Define interception device

Answer 3

Any
- electronic
- mechanical
- electromagnetic
- optical
- electro optical
Device or equipment that is capable of an interception or recording of a private communication

Question 4

Can an internal search be completed for cultivation of cannabis?

Answer 4

No

Section 23 of Search and Surveillance Act 2012 details only persons under arrest for offences against sections 6, 7 and 11 of MODA75 are liable for internal search.

Cultivation of cannabis is Section 9 of MODA75.

Question 5

4 Step bail application process

Answer 5

1. Application made for Judge of District or High court
2. Communication of OTB or bail conditions to Prosecutions
3. If bail opposed, detailed OTB
4. Remand or Bail to be decided by Judge

Question 6

What to prove for cannabis preparation

Answer 6

It is for prosecution to prove that the preparation contains THC as it will unlikely resemble plant material in its new form.

Question 7

Rules about protecting CHIS on Warrant applications and CaseLaw

Answer 7

Section 64 of the Evidence Act grants privilege to informers to protect their identity.

You are not required by law to name a CHIS and good practice will be to refer to them and code words or numbers.

R v McGinty - Disclosure of a CHIS identity is not required, however a Judge is able to disclose Information if they believe it is necessary and in the course of justice.

Question 8

Offences that are automatically prosecuted by the Crown

Answer 8

• 6 (1) (b) - Producing or Manufacturing
• 6 (2A) - Conspiring to produce or manufacturer controlled drugs
• 10 aiding offences overseas
• 12C commission of offences overseas
• dealing offences 5 X presumptive amount
• evidence of large scale dealing
• substantial evidence obtained from a surveillance device

Question 9

Time limits to lay charges for drug dealing

Answer 9

• Section 6, 9 and 10 lay charges anytime
• all other offences under MODA75 is 4 years from the offence date

Question 10

What is importation and When is importation complete? (Use CaseLaw)

Answer 10

Importation is the process of Introducing something from another country. Saxton v Police

Importation starts at the country of origin and is complete once it has been made available to the consignee or delivered to its destined location. R v Hancox

A person is criminally liable once the item has passed New Zealands boarders/surrounding waters.