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DDP > DRUGS > Flashcards

DRUGS Flashcards

1
Q

How do people import drugs into NZ

A

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

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2
Q

Importation means

A

the arrival of good in NZ in any manner whether lawfully or unlawfully from a point outside NZ

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3
Q

SAXTON V POLICE

A

To import includes to introduce from abroad or to cause to be brought in from a foreign country

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4
Q

When does the importation process begin and end?

A

commences at the point of origin and continues until the drugs have reached their ultimate destination in NZ

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5
Q

When does criminal liability arise for importation of drugs

A

as soon as the drugs cross NZ border

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6
Q

R V HANCOX

A

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.

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7
Q

The crown must prove what re importation

A

knew about the importation
knew the imported substance was a controlled drug
intended to cause the importation

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8
Q

definition of NZ

A

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)

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9
Q

definition of a controlled drug

A

any substance, preparation, mixture, article specified or described in scehdule 1, 2,3 of this act, and any controlled drug analogue.

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10
Q

definition of a drug analogue

A

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

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10
Q

definition of a drug analogue

A

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

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11
Q

what class are all drug analogues classified under?

A

class c

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12
Q

examples of class A drugs

A

cocaine
heroine
LSD
Meth
Psilocybine (magic mushrooms)

These are considered to pose very high risk of harm.

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13
Q

examples of class B drugs

A

Amphetamine
cannabis preparations (cannabis oil and hashish)
GHB
Morphine
Opium
Pseudoephedrine
Ephedrine

these are considered to pose a high risk of harm

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14
Q

examples of class c drugs

A

cannabis plant
cannabis seends
Benzylpiperazine (BZP)
controlled drug analogues

these are considered to pose a moderate risk of harm.

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15
Q

what is the exception to importing under 6(1)(a)

A

does not include controlled drugs listed in schedule 3 of act (class c drugs)

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16
Q

R V STRAWBRIDGE

A

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.

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17
Q

POLICE V EMERALI

A

the serious offence of possessing a narcotic does not extend to some minute amount and useless residue of the substance.

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18
Q

useable quantity and quality

A

the quantity must be measurable and useable. the nature of the drug and the condition it is found in is also relevant.

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19
Q

Does prosecution have to prove useable quantity?

A

It is not necessary for prosecution to prove that fact unless the defendant raises the issue

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20
Q

R V RUA

A

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

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21
Q

producing means?

A

changing the nature of the original substance

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22
Q

Manufacturing means?

A

creating a different/new substance from original materials

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22
Q

Manufacturing means?

A

creating a different/new substance from original materials

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23
Q

what does compound mean?

A

to create a new substance by mixing or combining two or more elements.

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24
Q

when is the offence complete in manufacturing ?

A

the offence is complete once the prohibited substance is created, it does not have to be in a useable form

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25
Q

what does supply mean

A

furnish or provide something that is needed or desired.

distribute give and sell

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26
Q

R V MAGINNIS

A

supply involves more than the mere transfer of physical control. it enables the recipient to apply the thing to purpose for which he desires

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27
Q

what does distribution mean

A

to supply to multiple people

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28
Q

what does giving mean

A

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

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29
Q

when is giving complete

A

the act of giving is complete when the recipient accepts possession or the drug is placed under control of a willing recipient

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30
Q

when does a sale occur?

A

when a quantity or share in a drug is exchanged for some valuable consideration

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31
Q

what is administering?

A

introducing a drug directly into another persons system

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32
Q

R V DURING

A

indication from the person charged that he is ready on request to supply drugs prohibited by the statute

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33
Q

offering to supply /administer drugs… you must prove two things?

A

the communication of the offer to supply/administer

an intention that the other person believes it to be a genuine offer

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34
Q

R V BROWN

A

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

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35
Q

what does otherwise deal mean

A

barter or exchange

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36
Q

R V FORREST and FORREST

A

the best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age.

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37
Q

R V COX

A

Possession is made up of two elements

the physical element- physical custody or control

and

mental element- requires a combination of knowledge and intention

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38
Q

What does actual custody or control mean

A

the person actually has the drug in their custody or control

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39
Q

what does potential custody or control mean

A

control over something in the custody of another.

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40
Q

what does knowledge mean in relation to possession

A

the substance is in their possession and it is a controlled drug.

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41
Q

what does control mean?

A

to exercise authoritative or dominating influence or command over it

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42
Q

nessessary for you to prove what in relation to drug possession

A

knowledge the drug exists

knowledge that it is a controlled drug

Actual physical control

an intention to to posess

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43
Q

circumstantial evidence which proves intent

A

offenders words and actions before during or after.

the surrounding circumstances

nature of act itself

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44
Q

addition evidence of intent to supply

A

admissions

circumstancial evidence (packaging, scales, cash, tick lists)

statutory presumption

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45
Q

R V HOOPER

A

a charge should be as specific as the evidence on which it is based.

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46
Q

Presumptive amounts include

A

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

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47
Q

what is the presumptive amount of drug when not specified under schedule 5?

A

56g

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48
Q

what is conspiracy

A

an agreed intention and plan to commit an offence between 2 or more people

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49
Q

when is conspiracy complete?

A

once the agreement has been made to commit the offence in question

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50
Q

12a moda 1975

A

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

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51
Q

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

A

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

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52
Q

meaning of equipment

A

apparatus implements and hardware used in manufacturing producing or cultivation process

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53
Q

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

A

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

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54
Q

possession offences include

A

possession
joint possession
attempted possession

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55
Q

section 9 MODA
cultivation of prohibited plant

A

no person shall cultivate any prohibited plant

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56
Q

section 12 MODA
use of premises or vehicle

A

knowingly permits
any premise or vehicle (or other conveyence)
to be used
for the purpose of commiting an offence against the act

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57
Q

section 16 MODA

A

obstruction of officers

willfully obstructs hinders resists or deceived
any other person in their execution of their duties

58
Q

meaning of obstruct

A

impede or make more difficult

59
Q

what is a controlled delivery

A

occurs when drugs are detected in transit.
the delivery of those drugs are then made under control and surveillance

60
Q

who is involved in a controlled delivery

A

customs and police

61
Q

types of controlled deliveries

A

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.

62
Q

methods of importation

A

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.

63
Q

initial action phase controlled delivery

A

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

64
Q

Three things you should look at during your intel phase controlled delivery

A

sender details
delivery address
addressee

65
Q

46 S+S Act

A

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

66
Q

what must you consider when profiling potential observation post address

A

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.

67
Q

things to consider when approaching friendly occupants

A

cover story
protection of ID
room available 24/7
preferably no children
preferably no visitors to address during op
gratuity at end of investigation

68
Q

who has responsibilty over package

A

customs retain responsibilty for the package up to its reintroduction into the mail/delivery system

69
Q

evidence of importation

A

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

70
Q

what is the emphasis of the delivery stage

A

control risk management communication

71
Q

methods of delivering drugs to the addressee

A

reintroduce into postal system
delivery by courier
police/customs pose as postie/courier

72
Q

if addressee is not home consider

A

leaving package in letter box or at door
attempting to deliver at a later time
leaving a call card

73
Q

if a package goes mobile consider

A

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

74
Q

if target goes mobile without drugs, consider

A

control comms risk
splitting resources
keeping obs on package location at all times

75
Q

power to stop a vehicle to recover package

A

stop under 121 s+s
obtain search warrant
unless impracticable
search under 81 s+s

76
Q

suspect at large in vehicle

A

s 9 s+s .
stop vehicle for purpose of arresting an occupant of a vehicle

77
Q

who provides tracking devices

A

technical support unit

78
Q

tracking devices fall into two categories…

A

help ascertain the location of a thing person vehicle

detect whether a thing has been handled

79
Q

when do you require a warrant for tracking devices

A

only when the installation involves trespass

80
Q

section 48 s+s act (emergency and urgency)

A

punishable IO 14 + yrs

arms act offences

drug offences

likely to cause injury/ serious property damage/loss

risk to life and safety

81
Q

internal searches if they are under arrest

A

covered under s 23 S+S act

relates to Class A B C

82
Q

believed to be intentially concealing drugs

A

covered by s13A MODA

Relates to Class A or B

Not under arrest

83
Q

what does evidential material mean?

A

evidence of the offence or any other item tangible or intangible of relevance to the investigation of the offence

84
Q

private comms

A

written, oral, telecoms made under circumstances in which the parties would expect the comms is confined to the parties involved

85
Q

interception device

A

electronic
electromagnetic
electro-optical
mechanical
optical
apparatus
equipment
instrument
capable of intercepting and recording private comms

85
Q

visual surveillance device

A

electronic
electromagnetic
electro-optical
mechanical
optical
apparatus
equipment
instrument
capable of observings and recording private activity

86
Q

visual trespass surveillance

A

trespass surveillance involving the use of a visual surveillance device

87
Q

surveillance device

A

an interception device
a tracking device
visual surveillance device

88
Q

tracking device

A

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.

89
Q

what is surveillance?

A

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

90
Q

When can an interception device be used?

A

serious offences
certain arms act offences

91
Q

what is voluntary comms?

A

comms between one or more persons where atleast one person knows and consents to the comms being recorded

92
Q

R V MCGINTY (refusing surveillance device warrant)

A

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

93
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 ID of informants. The trial judge was entitled to insist on disclosure if he saw fit

94
Q

what is an informer

A

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.

95
Q

who is in control of an electronic operation

A

detective inspector or detective senior sergent

96
Q

who must you get prior consent from in relation to a electronic operation?

A

district commander and legal services consultation

97
Q

why would intercepted comms not be disclosed?

A

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

97
Q

why would intercepted comms not be disclosed?

A

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

98
Q

what does relevant mean

A

information or an exhibit that tends to support or rebut or has a material bearing on the case against the defendant

99
Q

what does sim mean

A

system identification module

100
Q

what does imei mean

A

international mobile equipment identification

101
Q

what happens to irrelevant information gathered from interception?

A

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

102
Q

what i an outside indicator of a clan lab

A

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

103
Q

inside clan lab indicators

A

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

104
Q

what is an unplanned entry

A

when a clan lab is disclovered during the course of your normal day to day duties

105
Q

what are safety considerations when a clan lab is discovered

A

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

106
Q

exposure to chemicals may result in

A

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

107
Q

what is a planned entry (clan labs)

A

entry made made generally by search warrant when prior knowledge/suspicion of a clan lab exists

108
Q

three processes or stages relating to clan labs

A

conversion
extraction
synthesis

109
Q

ensuring welfare of children exposed to clan labs

A

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

110
Q

what category offences does s6 of MODA fall under

A

category three offences

111
Q

what category of offences does s7 of MODA fall under

A

category two offences

112
Q

category three offences are trialed by?

A

trialed by jury or judge only

112
Q

category two offences are trialed by?

A

Judge only

113
Q

139 criminal procedures act (charges held together)

A

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.

114
Q

139 criminal procedures act (charges held together)

A

if one charge is to be tried by jury then all charges will be tried by jury regardless of their category

115
Q

offences automatically prosecuted by crown are

A

production/manufacture/conspiracy to produce/manufacture.

aiding offences

commission of offences outside NZ

116
Q

what is large scale dealing

A

suspected dealing in a quantity of drugs that is more than 5 times the presumption threshold.

117
Q

categories of cannabis cultivation

A

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

118
Q

granting bail to a person charged with or convicted with drug dealing offences

A

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.

119
Q

who can grant bail

A

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

120
Q

bail application process

A
  1. application for bail made by defendants lawyer.
  2. OC Case forward instruction to prosecutions re bail.
  3. if bail is opposed include bail opp
    4.judge will remand defendant for case review hearing date
121
Q

procedure for certificate of analysis to be admissible

A

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

122
Q

two methods of delivering drug exhibits to ESR

A

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.

123
Q

what must you cross reference when delivering an exhibit for analyist

A

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

124
Q

what do you need to ensure and prove delivering an exhibit for analyist

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 lab and who is authorised to receive it

the package was sealed.

125
Q

s31 (3)(a) MODA copy of analysist cert to defendant

A

allows defendant to accept or reject the cert as a form in which evidence will be given.

126
Q

method of service copy of analyst to defendant

A

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

127
Q

when is the certificate copy of analyst to defendant admissable

A

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

128
Q

what does under cover officer mean

A

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.

129
Q

section 142B sentencing act- instruments of crime

A

obligation to notifiy court of relevant property used in relation to the commission of crime to be considered for forfeiture.

130
Q

who obliguation is it to notfiy court of relevant property to be considered for forfeiture?

A

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.

131
Q

what should the prosecution inform the courts of if a person is convicted of a qualifying instrument forfeiture offence

A

the details of that property.
name and ID of any person with interest in that property

132
Q

what is a notice application for restraining order relating to instruments of crime

A

an application to restrain property while criminal proceedings take their course to ensure disposal, asset erosion does not take place

133
Q

precurser for meth

A

Ephedrine/pseudoephedrine

134
Q

Precurser for heroine

A

acetic anhydride

135
Q

precurser to LSD

A

Lysergic acid

136
Q

INTENT meaning

A

deliberate act specific outcome

137
Q

R V COLLISTER

A

Intent inferred by circumstance

138
Q

types of tracking devices

A

beacon and gps

139
Q

what should a phone investigator do in the first 24 hrs of an investigation

A
  1. trapping /pre loading data.
    2.tsp liaison
  2. draft po app early
  3. prove phone number ownership
140
Q

3 types of meth labs

A

conversion
extraction
synthesis

DDP (10 decks)

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