DRUGS Flashcards
How do people import drugs into NZ
by air and sea by
Concealing in or on their persons/luggage.
Conceal in legitimite goods
Having a mule bring the drugs in for them.
Send or have drugs sent by international mail
Importation means
the arrival of good in NZ in any manner whether lawfully or unlawfully from a point outside NZ
SAXTON V POLICE
To import includes to introduce from abroad or to cause to be brought in from a foreign country
When does the importation process begin and end?
commences at the point of origin and continues until the drugs have reached their ultimate destination in NZ
When does criminal liability arise for importation of drugs
as soon as the drugs cross NZ border
R V HANCOX
bringing or causing drugs to be brought into the country does not cease as the aircraft or vessel enters NZ territorial limits. Importing into NZ is a process. The element of of importing exists from the time the goods enter NZ until they reach their immediate destination- when they have ceased to be under the control of the appropriate authorities and have become available to the consignee or addressee.
The crown must prove what re importation
knew about the importation
knew the imported substance was a controlled drug
intended to cause the importation
definition of NZ
Means the land and the waters enclosed by the outer limits of the territorial sea of NZ (the outer limit of the territorial sea is 12 nautical miles from the land mass of NZ)
definition of a controlled drug
any substance, preparation, mixture, article specified or described in scehdule 1, 2,3 of this act, and any controlled drug analogue.
definition of a drug analogue
any substance that has a structure substantially similar to that of any controlled drug.
does not include any substances as described in schedule 1 2 3 or 4 of the act.
any pharmacy only, prescription or restricted medicine
definition of a drug analogue
any substance that has a structure substantially similar to that of any controlled drug which has similar dangerous effects
does not include any substances as described in schedule 1 2 3 or 4 of the act.
any pharmacy only, prescription or restricted medicine as per the medicine act 1981
any approved product within the meaning of the physchoactive substances act 2013
what class are all drug analogues classified under?
class c
examples of class A drugs
cocaine
heroine
LSD
Meth
Psilocybine (magic mushrooms)
These are considered to pose very high risk of harm.
examples of class B drugs
Amphetamine
cannabis preparations (cannabis oil and hashish)
GHB
Morphine
Opium
Pseudoephedrine
Ephedrine
these are considered to pose a high risk of harm
examples of class c drugs
cannabis plant
cannabis seends
Benzylpiperazine (BZP)
controlled drug analogues
these are considered to pose a moderate risk of harm.
what is the exception to importing under 6(1)(a)
does not include controlled drugs listed in schedule 3 of act (class c drugs)
R V STRAWBRIDGE
it is not necessary for the crown to establish knowledge on the part of the accused.
in the absence of evidence, Knowledge is presumed.
if there is evidence that the accused honestly believed on reasonable grounds that their act was innocent then she is entitled to be acquitted unless the jury is satisfied beyond reasonable doubt that this was not so.
POLICE V EMERALI
the serious offence of possessing a narcotic does not extend to some minute amount and useless residue of the substance.
useable quantity and quality
the quantity must be measurable and useable. the nature of the drug and the condition it is found in is also relevant.
Does prosecution have to prove useable quantity?
It is not necessary for prosecution to prove that fact unless the defendant raises the issue
R V RUA
the words produce or manufacture broadly cover the creation of controlled drugs by some form of process which changes the original substances into a particular controlled drug
producing means?
changing the nature of the original substance
Manufacturing means?
creating a different/new substance from original materials
Manufacturing means?
creating a different/new substance from original materials
what does compound mean?
to create a new substance by mixing or combining two or more elements.
when is the offence complete in manufacturing ?
the offence is complete once the prohibited substance is created, it does not have to be in a useable form
what does supply mean
furnish or provide something that is needed or desired.
distribute give and sell
R V MAGINNIS
supply involves more than the mere transfer of physical control. it enables the recipient to apply the thing to purpose for which he desires
what does distribution mean
to supply to multiple people
what does giving mean
involves handing over in some way or transferring an item to another person
when is giving complete
the act of giving is complete when the recipient accepts possession or the drug is placed under control of a willing recipient
when does a sale occur?
when a quantity or share in a drug is exchanged for some valuable consideration
what is administering?
introducing a drug directly into another persons system
R V DURING
indication from the person charged that he is ready on request to supply drugs prohibited by the statute
offering to supply /administer drugs… you must prove two things?
the communication of the offer to supply/administer
an intention that the other person believes it to be a genuine offer
R V BROWN
The defendant is guilty of offering to supply if…
offers to supply a drug that he has on hand
offers to supply a drug that will be precured at some future date
offers to supply a drug that he mistakenly believes he can supply
offers to supply a drug deceitfully knowing he can not supply that drug
what does otherwise deal mean
barter or exchange
R V FORREST and FORREST
the best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age.
R V COX
Possession is made up of two elements
the physical element- physical custody or control
and
mental element- requires a combination of knowledge and intention
What does actual custody or control mean
the person actually has the drug in their custody or control
what does potential custody or control mean
control over something in the custody of another.
what does knowledge mean in relation to possession
the substance is in their possession and it is a controlled drug.
what does control mean?
to exercise authoritative or dominating influence or command over it
nessessary for you to prove what in relation to drug possession
knowledge the drug exists
knowledge that it is a controlled drug
Actual physical control
an intention to to posess
circumstantial evidence which proves intent
offenders words and actions before during or after.
the surrounding circumstances
nature of act itself
addition evidence of intent to supply
admissions
circumstancial evidence (packaging, scales, cash, tick lists)
statutory presumption
R V HOOPER
a charge should be as specific as the evidence on which it is based.
Presumptive amounts include
cocaine 0.5g
heroin 0.5g
LSD 2.5mg/25 flakes/tabs.
cannabis resin/oil 5g
meth 5g
MDMA 5g
cannabis plant 28g or 100 + cigarettes
what is the presumptive amount of drug when not specified under schedule 5?
56g
what is conspiracy
an agreed intention and plan to commit an offence between 2 or more people
when is conspiracy complete?
once the agreement has been made to commit the offence in question
12a moda 1975
equipment material and substances used in production or cultivation of prohibited drugs
(1)
supply produce manufacture
equipment / material capable of being used for commission of 6 (1)(b) or 9 of MODA 1975
(2)possession of equipment /material capable of being used in commission to commit an offence against 6(1)(b) or 9 MODA
12(1)(a) supply produce manufacture
equipment / material capable of being used for commission of 6 (1)(b) or 9 of MODA 1975
What must be proven
the defendant supplied produced manufactured equipment material or precursers
those items are capable of being used in the production or manufacture of controlled drugs/cultivation of prohibited plants
they knew those items are to be used for such offences by another perso
meaning of equipment
apparatus implements and hardware used in manufacturing producing or cultivation process
12 (1)(b)possession of equipment /material capable of being used in commission to commit an offence against 6(1)(b) or 9 MODA
what must be proven
they had equipment material precursors in their posession
those items were capanle of being used in the production manufacturing cultivation of drugs
they had the intention that those items were to be used for an offence by them or another person
possession offences include
possession
joint possession
attempted possession
section 9 MODA
cultivation of prohibited plant
no person shall cultivate any prohibited plant
section 12 MODA
use of premises or vehicle
knowingly permits
any premise or vehicle (or other conveyence)
to be used
for the purpose of commiting an offence against the act
section 16 MODA
obstruction of officers
willfully obstructs hinders resists or deceived
any other person in their execution of their duties
meaning of obstruct
impede or make more difficult
what is a controlled delivery
occurs when drugs are detected in transit.
the delivery of those drugs are then made under control and surveillance
who is involved in a controlled delivery
customs and police
types of controlled deliveries
Clean controlled delivery- no drugs are left within consignment. allows greater freedom in organising surveillence of consignment and less risk of alarming targets. termination = importation/ conspiracy charges.
Leaving an amount in consignment.
most of drug is substituted.
greater security required.
recovery and termination paramount
termination charges= possession for supply.
methods of importation
international mail center- inside mail
international airport- body packing/ internal concealment/ concealed in luggage.
imported air freight- either commercial or private
imported sea freight- as above.
transhipped air or sea freight- transit through NZ- another country final dsetination
arriving commercial vessel- hidden on board or attached to a vessel to be either unloaded or picked up cargo from NZ before continuing to other country.
initial action phase controlled delivery
assume ownership and leadership of investigation
liase with customs
consider electronic interception
request customs to manipulate track and trace system
contact- surveillance, photography, CMC, technical support unit.
Plan op
Three things you should look at during your intel phase controlled delivery
sender details
delivery address
addressee
46 S+S Act
surveillance devices are required for
observation/recording of private activity in private premise and
trespass surveillance
Tracking persons and things
unless observation/recording of private activity in the curtilege of private premise does not exceed…
one investigation
more than 3 hours in any 24 hr period
more than 8 hrs total
what must you consider when profiling potential observation post address
proximity to target
unobstructed line of sight of target
access to and from address without arousing suspicion
ability to beam signals and or tap into telecom cables
phone lines available to street
parking, surrounding neighbours, light, animals etc.
things to consider when approaching friendly occupants
cover story
protection of ID
room available 24/7
preferably no children
preferably no visitors to address during op
gratuity at end of investigation
who has responsibilty over package
customs retain responsibilty for the package up to its reintroduction into the mail/delivery system
evidence of importation
track and trace receipts
correspondance
computers/faxes/cell phones.
emails
contact lists/numbers
packaging from previous importations
money and financial records
scales and packaging etc
PO box documents
travel documents
passports
what is the emphasis of the delivery stage
control risk management communication
methods of delivering drugs to the addressee
reintroduce into postal system
delivery by courier
police/customs pose as postie/courier
if addressee is not home consider
leaving package in letter box or at door
attempting to deliver at a later time
leaving a call card
if a package goes mobile consider
control comms risk
proximity of tracking / monitoring vehicles to target
crunch cars to keep back and let surveillance follow
need for repeaters to ensure no loss of comms
if target goes mobile without drugs, consider
control comms risk
splitting resources
keeping obs on package location at all times
power to stop a vehicle to recover package
stop under 121 s+s
obtain search warrant
unless impracticable
search under 81 s+s
suspect at large in vehicle
s 9 s+s .
stop vehicle for purpose of arresting an occupant of a vehicle
who provides tracking devices
technical support unit
tracking devices fall into two categories…
help ascertain the location of a thing person vehicle
detect whether a thing has been handled
when do you require a warrant for tracking devices
only when the installation involves trespass
section 48 s+s act (emergency and urgency)
punishable IO 14 + yrs
arms act offences
drug offences
likely to cause injury/ serious property damage/loss
risk to life and safety
internal searches if they are under arrest
covered under s 23 S+S act
relates to Class A B C
believed to be intentially concealing drugs
covered by s13A MODA
Relates to Class A or B
Not under arrest
what does evidential material mean?
evidence of the offence or any other item tangible or intangible of relevance to the investigation of the offence
private comms
written, oral, telecoms made under circumstances in which the parties would expect the comms is confined to the parties involved
interception device
electronic
electromagnetic
electro-optical
mechanical
optical
apparatus
equipment
instrument
capable of intercepting and recording private comms
visual surveillance device
electronic
electromagnetic
electro-optical
mechanical
optical
apparatus
equipment
instrument
capable of observings and recording private activity
visual trespass surveillance
trespass surveillance involving the use of a visual surveillance device
surveillance device
an interception device
a tracking device
visual surveillance device
tracking device
a device that may help ascertain by electronic or other means…
the location of a thing or person
whether a thing has been opened tampered with or dealt with.
what is surveillance?
observing and recording people vehicles places and things
tracking the location of a thing or person
acsertaining whether something has been tampered with
intercepting private comms
When can an interception device be used?
serious offences
certain arms act offences
what is voluntary comms?
comms between one or more persons where atleast one person knows and consents to the comms being recorded
R V MCGINTY (refusing surveillance device warrant)
a judge was not required to refuse a surveillance device warrant because the police had not exhausted every conceivable alternative technique of investigation
R V MCGINTY (CHIS)
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 ID of informants. The trial judge was entitled to insist on disclosure if he saw fit
what is an informer
a person who has supplied gratuitously or for reward, information to an enforcement agency concerning possible or actual commissions of crime in circumstances in which that person would reasonably expect their identity will not be disclosed.
who is in control of an electronic operation
detective inspector or detective senior sergent
who must you get prior consent from in relation to a electronic operation?
district commander and legal services consultation
why would intercepted comms not be disclosed?
information likely to prejudice the maintenance of law including the prevention investigation and detection of offences
disclosure of the information is likely to endanger the safety of any persons/people
disclosure of information is likely to prejudice the security or defence of NZ
why would intercepted comms not be disclosed?
information likely to prejudice the maintenance of law including the prevention investigation and detection of offences
disclosure of the information is likely to endanger the safety of any persons/people
disclosure of information is likely to prejudice the security or defense of NZ
disclosure of personal/private info
privileged information
what does relevant mean
information or an exhibit that tends to support or rebut or has a material bearing on the case against the defendant
what does sim mean
system identification module
what does imei mean
international mobile equipment identification
what happens to irrelevant information gathered from interception?
it must be destroyed asap. it is up to the commissioner of police to ensure this information is destroyed as soon as it appears no proceedings or further proceedings will be taken regarding that information
what i an outside indicator of a clan lab
access denied to landlords/neighbours/visitors.
bottles/plastic containers and boxes with labels removed.
chemical odours coming from a building/rubbish.
exhaust fans running at odd times
expensive security/surveillance gear/
frequent visitors at off hours.
occupants unfriendly /secretive/paranoid.
people coming outside to smoke
windows blacked out or curtains pulled
rubbish containing a large amount of cold medication containers or packaging
inside clan lab indicators
baking dishes or similiar containing white crystalline substance
containers with clear liquids in them with chalky coloured solid on bottom
containers with two layered liquids in them. one dark one clear/yellow/pale.
hotplates near chemicals
lab glassware equipment and documents
used coffee filters containing either white pasty or reddish brown substance
what is an unplanned entry
when a clan lab is disclovered during the course of your normal day to day duties
what are safety considerations when a clan lab is discovered
do not shut off water supply
do not smoke in or near clan lab
do not use tools, radios, cell phones, torches, other items that cause friction or sparks.
do not reenter premises
do not attempt to stop the chemical reaction
do not touch taste or smell the chemicals or equipment
leave the area immediately
exposure to chemicals may result in
burning skin
coughing or chocking
decrease in cognitive function/ vertigo/ convulsions
headaches
Diaphram pain
dizzy
feeling cold/weak
shortness or breath
watery or burning eyes
what is a planned entry (clan labs)
entry made made generally by search warrant when prior knowledge/suspicion of a clan lab exists
three processes or stages relating to clan labs
conversion
extraction
synthesis
ensuring welfare of children exposed to clan labs
all children and YP living under conditions found in clan labs are considered in imminent danger.
Immediate action must be taken to remove the child or young person from the clan lab environment
what category offences does s6 of MODA fall under
category three offences
what category of offences does s7 of MODA fall under
category two offences
category three offences are trialed by?
trialed by jury or judge only
category two offences are trialed by?
Judge only
139 criminal procedures act (charges held together)
2 or more charges against a defendant are to be heard together—
(a)
if 1 charge is to be tried by a jury, all charges must be tried by a jury; and
(b)
if 1 charge is to be tried in the High Court, all charges must be tried in the High Court.
(2)
If in accordance with section 138 the charges against a defendant are to be heard with charges against 1 or more other defendants, unless there are exceptional circumstances that make separate trials necessary in the interests of justice, then,—
(a)
if 1 defendant elects to be tried by a jury on 1 charge, all charges against all the defendants must be tried by a jury; and
(b)
if 1 charge is to be tried in the High Court, all charges against all defendants must be tried in the High Court; and
(c)
if the charges against more than 1 defendant are tried by a jury, for the purposes of this Act, each defendant must be treated as if he or she had elected trial by jury.
139 criminal procedures act (charges held together)
if one charge is to be tried by jury then all charges will be tried by jury regardless of their category
offences automatically prosecuted by crown are
production/manufacture/conspiracy to produce/manufacture.
aiding offences
commission of offences outside NZ
what is large scale dealing
suspected dealing in a quantity of drugs that is more than 5 times the presumption threshold.
categories of cannabis cultivation
cat 1- growing small number of plants for personal use without any sale.
cat 2- small scale cultivation of plants for commercial purpose to make money
cat 3- large scale sophisticated commercial growing to make money
granting bail to a person charged with or convicted with drug dealing offences
may be granted bail from a high court judge or district court judge, no one else.
they may impose EM bail or any other condition they see fit to ensure defendant will appear in court.
who can grant bail
only a district court or judge court judge may grant bail.
They may also impose EM bail or any other condition to ensure the defendant appear at future hearings
bail application process
- application for bail made by defendants lawyer.
- OC Case forward instruction to prosecutions re bail.
- if bail is opposed include bail opp
4.judge will remand defendant for case review hearing date
procedure for certificate of analysis to be admissible
chain of evidence unbroken.
material analyzed is not tampered with or contaminated.
the defence aware of the analysis and results.
defence given reasonable time to prep for the defence
two methods of delivering drug exhibits to ESR
in person to analyist who is to issue cert or to a person who is authorised by the analyist to receive it.
by registered post or courier with signature required in a sealed package to an employee who has been authorised by the analyist in charge at the lab.
what must you cross reference when delivering an exhibit for analyist
name of the person who signed cert ‘upon receiot’
receipt signature on pol 143
evidence of the police member who delivered the drug to esr
what do you need to ensure and prove delivering an exhibit for analyist
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 lab and who is authorised to receive it
the package was sealed.
s31 (3)(a) MODA copy of analysist cert to defendant
allows defendant to accept or reject the cert as a form in which evidence will be given.
method of service copy of analyst to defendant
can be
delivered to a member of defendants family or to thier lawyer.
must be delivered atleast 7 days before the hearing.
must be proved to have been served either by oral evidence or constables endorsement
when is the certificate copy of analyst to defendant admissable
is served atleast 7 days before hearing
the defendant does not given written notice at least three days before trial
the court does not request the oral evidence
what does under cover officer mean
a member of police whose id is for the time being concealed for the purpose of an investigation of any offence or any one offending against MODA.
Includes any other member of police who is directing and assisting that member in the course of the investigation.
section 142B sentencing act- instruments of crime
obligation to notifiy court of relevant property used in relation to the commission of crime to be considered for forfeiture.
who obliguation is it to notfiy court of relevant property to be considered for forfeiture?
prosecutor
OC of file
counsel representing person who laid charging docs
any other employee /agency who has responsibilities for any matter directly connected to proceedings.
what should the prosecution inform the courts of if a person is convicted of a qualifying instrument forfeiture offence
the details of that property.
name and ID of any person with interest in that property
what is a notice application for restraining order relating to instruments of crime
an application to restrain property while criminal proceedings take their course to ensure disposal, asset erosion does not take place
precurser for meth
Ephedrine/pseudoephedrine
Precurser for heroine
acetic anhydride
precurser to LSD
Lysergic acid
INTENT meaning
deliberate act specific outcome
R V COLLISTER
Intent inferred by circumstance
types of tracking devices
beacon and gps
what should a phone investigator do in the first 24 hrs of an investigation
- trapping /pre loading data.
2.tsp liaison - draft po app early
- prove phone number ownership
3 types of meth labs
conversion
extraction
synthesis
