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Drugs Flashcards

1
Q

What is the definition of a controlled drug?

A

Means any substance, preparation, mixture, or article specified or described in Schedule 1, Schedule 2, or Schedule 3; and includes any temporary class drug and any controlled drug analogue.

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2
Q

What is the definition of Class C controlled drug?

A

Means the controlled drugs specified or described in Schedule 3; and includes any temporary class drug and any controlled drug analogue.

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3
Q

When is the offence of manufacturing complete?

A

Once the prohibited substance is created, whether or not it is in a useable form.

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4
Q

What does a serious offence in relation to trespass surveillance relate to?

A

An offence punishable by 7 years imprisonment or more (or against certain sections against the Arms Act)

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5
Q

What is the time limit for laying S6 drug offence?

A

There is no time limit.

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6
Q

What are the time restraints under S31 MODA1975 re evidence of analyst?

A

There are some time restraints under this section where the defendant must be given a copy of the the analysts certificate and written notice the analyst will not be called at least 7 days before the hearing. The defendant has to give at least 3 days written notice that they wish the analyst to be called.

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7
Q

Who can call “landslide” in a clan lab?

A

Any member of the initial entry team.

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8
Q

Who leads the controlled drug delivery operation?

A

Customs

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9
Q

How many days can a surveillance warrant be in force?

A

60 days.

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10
Q

What is the difference between ‘obstruction’ in summary offences act and MODA1975?

A

Under MODA, it is ‘Obstruct anyone in the execution of power under MODA1975’.

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11
Q

What is the presumption for supply LSD?

A

2.5milligrams or 25 flakes.

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12
Q

Who must complete delivery of an exhibit to ESR?

A

Must be in person by police (not by normal post or member of public).

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13
Q

John gave his friend an ‘analogue’ of meth, is he guilty of supplying class A or class C or something else?

A

John is guilty of ‘something else’.

Ephedrine/pseudoephedrine are scheduled both as Class B controlled drugs in Schedule 2 and precursors in Schedule 4.

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14
Q

Jenny met a new boyfriend overseas who later gave her a new suitcase with drugs inside but she did not bother to check it before went through customs - is she guilty of importation?

A

Yes - wilful blindness.

In terms of proving guilty knowledge, proof that the defendant deliberately turned a blind eye to the facts will suffice.

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15
Q

What is the definition of a dealing offence in relation to electronic operations?

A

Under S6 which involves Class A or Class B only.

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16
Q

Who can bail a person charged with manufacturing meth?

A

High Court Judge only.

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17
Q

When is importation complete?

A

Irrelevant if it is available to consignee.

R v Hancox: The element of importing exists form the time the goods enter NZ until they reach their immediate destination. Ie. when they cease to be in the control of the appropriate authorities and have become available to the consignee or addressee.

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18
Q

Difference between produce and manufacture?

A

Producing can be described as changing the nature of the original substance, and manufacturing is creating a difference substance from the original materials.

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19
Q

Who proves if drug is usable?

A

Under Section 29A - not prosecution unless defendant puts the matter in issue

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20
Q

What is the definition of supply?

A

To distribute, give, sell

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21
Q

What is the definition of Class B controlled drug?

A

Class B controlled drugs are described in schedule 2 and poses a high risk of harm to individuals.

  • cannabis oil
  • amphetamine
  • MDMA (ecstasy)
  • morphine
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22
Q

A person is arrested for a drug dealing related offence, suspect that he is possibly concealing drugs internally, can you search that person under 13A MODA75?

A

No RGTB he is concealing drugs not suspect.

S23 would be better as thats ‘Internal search of person under arrest for offence against section 6, 7, or 11 of Misuse of Drugs Act 1975’.

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23
Q

What are 4 things to consider with an OP for controlled delivery?

A
  • identify any staff friendlies who live in the vicinity of the target address
  • camera OP requirements vs intercept requirements (forward base)
  • whether surveillance device warrant is required
  • the staff having to occupy the OP
24
Q

What are the ingredients of ‘obstruction of officers’ under S16 MODA1975?

A

16 Obstruction of officers

Every person commits an offence against this Act who wilfully obstructs, hinders, resists, or deceives any other person in the execution of any powers conferred on that other person by or pursuant to this Act.

25
Q

What is R v Strawbrigdge?

A

It is not necessary for the Crown to establish knowledge on the part of the accused. 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 this was not so.

26
Q

What is the 90 second rule?

A

90 Second Rule

This rule assumes that if offender(s) are present and moving inside the Laboratory then the atmosphere will sustain life. It assumes that the IET (wearing the minimum level of PPE for the IET) may safely enter and extract suspects for a period of up to ninety seconds.

27
Q

Presumption for supply LSD, Cannabis, Meth, Cocaine?

A 
LSD 2.5 milligrms or 25 flakes, tablets
Cocaine 0.5 grams
Cannabis resin/oil 5 grams
Meth 5 grams
Cannabis plant 28 grams or 100 or more cigarettes
28
Q

What are 4 ways a controlled delivery could come about?

A

Customs detect drugs concealed in consignments of goods that are moving unaccompanied:

  1. in freight consignments
  2. unaccompanied baggage
  3. unaccompanied motor vehicles
  4. in the international postal service
29
Q

What are the ingredients of S12 MODA ‘use of premises or vehicle, etc’?

A

(1) Every person commits an offence against this Act who knowingly permits any premises or any vessel, aircraft, hovercraft, motor vehicle, or other mode of conveyance to be used for the purpose of the commission of an offence against this Act.

(2) Every person who commits an offence against this section is liable on conviction to imprisonment for a term
(a) not exceeding 10 years = Class A
(b) not exceeding 7 years = Class B
(c) not exceeding 3 years in any other case.

30
Q

What are 3 things that must be proven for supplying equipment - section12A(1) MODA75?

A
  1. The Defendant has supplied, produced or manufactured equipment, material or precursors
  2. Those items are capable of being used in the production or
  3. The defendant knows those items are to be used for such an offence by another person
31
Q

Under regulation 11 - relating to offering, accepting, disposing of syringes. What is outlined is SS1

A

(1) Every person commits an offence who—
(a) offers to any other person, for use by that other person, a used needle or used syringe; or
(b) accepts for use a used needle or used syringe; or
(c) disposes of a needle or syringe in a public place.

32
Q

What are 4 circumstances where a surveillance device warrant is required?

A

Under S46 SS2012 Activities for which surveillance device warrant required:

(a) use of an interception device to intercept a private communication:
(b) use of a tracking device, except where a tracking device is installed solely for the purpose of ascertaining whether a thing has been opened, tampered with, or in some other way dealt with, and the installation of the device does not involve trespass to land or trespass to goods:
(c) observation of private activity in private premises, and any recording of that observation, by means of a visual surveillance device:
(d) use of a surveillance device that involves trespass to land or trespass to goods:

33
Q

What are the circumstances required to conduct an internal search under S23 SS2012?

A

23 Internal search of person under arrest for offence against section 6, 7, or 11 of Misuse of Drugs Act 1975

(2) The circumstances are that—
(a) the person is under arrest for an offence against section 6, 7, or 11 of the Misuse of Drugs Act 1975; and
(b) the constable has reasonable grounds to believe that the person has secreted within his or her body any property—
(i) that may be evidence of the offence with which the person is charged; or
(ii) the possession of which by the person constitutes any other offence against section 6, 7, or 11 of the Misuse of Drugs Act 1975.

34
Q

What is S16 of the bail act 2000?

A

16 Judge only may grant bail for drug dealing offence

A defendant who is charged with or convicted of a drug dealing offence may be granted bail by order of a High Court Judge or District Court Judge but not otherwise.

35
Q

The presumption that a drug is for sale/supply may be rebutted if the person is able to prove what?

A

On the balance of probabilities that they did not intend to commit a “dealing” offence, notwithstanding the amount. Eg the defence may argue that the suspect was heavily addicted and required large amounts for personal use.

36
Q

What things you must do for initial action at clan labs where CYPS are located?

A

Removal of the child or young person from the immediate scene;
• Assigning of an officer to look after and monitor the child or young person. This officer will make themselves known to the Social Worker when they arrive at the scene;

• Provision of age appropriate explanations to the child or young person about what is going to happen to them, i.e. the need to use special clothing;

• Assessment of the child or young person by ambulance staff for injury, illness or respiratory distress;
- If a child or young person is in need of immediate medical attention this may take priority over decontamination requirements. The O/C Investigation must ensure that the medical facility is notified of the contamination issue prior to admission.

  • Request for OT attendance at the scene (if not already done);
  • Distribution of suitable personal protective equipment (PPE) to OT staff, together with a ‘Decontamination Kit for Children or Young Persons’ for each child or young person;
  • Placing of the child or young person in a Tyvek suit or having them wrapped in a blanket. This must occur before handover to OT staff;
  • Most appropriate decontamination for the child or young person;
  • Photographing of the child or young person at the scene;
  • Recording of the physical condition of the child or young person including any injuries;
  • Recording of the mental state of the child or young person;
  • Consider securing the clothing worn by the child or young person as an exhibit;
  • Preliminary interview with the child or young person;
37
Q

What are some things to cover in initial interview with CYP at a clan lab?

A

Preliminary interview to include:
▫ Basic health questions such as: headaches, nausea,
breathing difficulty, dizziness, fatigue etc…;
▫ The occupant’s details;
▫ Details of other siblings, children or young person’s at the
address;
▫ The sleeping arrangements;
▫ The playing and eating areas;
▫ School or pre school details;
▫ The name of their Doctor;
▫ Knowledge of drugs, manufacturing, dealing activities;

38
Q

R v Rua

A

The words ‘produce’ or ‘manufacture’ in S6(1)(b) broadly cover the creation of controlled drugs by some form of process which changes the original substances into particular controlled drugs

39
Q

Is it possible to be charged with attempted possession?

A

Yes. R v Jay was in possession of what he believed to be cannabis. He purchased it from another person thinking it was cannabis. On inspection, it was grass clippings. He had the criminal intent to possess the cannabis and did the act of purchasing it to accomplish that intent however it is factually impossible to possess the cannabis and therefore is only an ‘attempt’.

40
Q

Does a CHIS have to be named in a warrant?

A

You are not required to name your CHIS in the warrant. Good practice is to register them under a code number.

R v McGinty - Disclosure of the identity of the 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 the informants. However, the trial judge was entitled to insist on disclosure if he saw fit.

41
Q

What is a controlled delivery?

A

There are two options:

Option 1: “Clean controlled delivery” - where no drugs are left within the consignment. This eliminates any risk of losing the drugs and gives greater freedom in organising the surveillance. Only importation and/or conspiracy charges are likely to be filed.

Option 2: Leave an amount of the drug within the consignment to enable the option of charging ‘possession for supply’ and also provides the availability of emergency powers if the drugs move to a person or place that aren’t listed on the search warrant.

42
Q

In relation to importing, when is someone liable and when does liability cease?

A

Criminal liability arises as soon as the drugs cross NZ boarder, and an importer may therefore be convicted under S6(1)(a) even if the drugs are intercepted by customs and never reach the addressee.

43
Q

What are 4 things that OC phones must be done in first 24 hours?

A

IDK?

44
Q

What must be proved for importation (men’s rea)?

A

Proof that the defendant:

  • Knew about the importation and
  • knew the imported substance was a controlled drug and
  • intended to cause importation
45
Q

How do you prove age for a victim?

A

R v Forrest and Forrest:

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

46
Q

What is the criteria for a surveillance device warrant under S51 SS2012?

A

51 Conditions for issuing surveillance device warrant

The conditions for issuing a surveillance device warrant are that—

(a) there are reasonable grounds—
(i) to suspect that an offence has been committed, or is being committed, or will be committed in respect of which this Act or any enactment specified in column 2 of the Schedule authorises the enforcement officer to apply for a warrant to enter premises for the purpose of obtaining evidence about the suspected offence; and
(ii) to believe that the proposed use of the surveillance device will obtain information that is evidential material in respect of the offence; and
(b) the restrictions in section 45 do not prevent the issuing of a surveillance device warrant in the circumstances.

47
Q

List 4 points for unplanned entry to a clan lab

A
  • immediately remove persons of interest from the premises;
  • isolate the site and maintain a safety perimeter;
  • preserve the crime scene;
  • notify their duty Inspector or Duty NCO, contact the NCLRT and where
    appropriate the local fire service and ambulance.
  • seek advice from a NCLRT member or Fire and Emergency NZ about decontamination procedures;
  • occupants of the address and staff who have entered the address are to remain separated until decontamination issues have been
    addressed;
  • seek medical advice if you experience any adverse effects
48
Q

What points to consider when profiling the addressee of a controlled delivery?

A
  • previous occupiers
  • real person or fake name
  • connections to the delivery address
  • relevant convictions/notings/associations
  • travel / connections to the country of origin
  • bank accounts (large deposits/overseas transactions)
  • full ID of target if possible
  • photographs of person
  • suspects knowledge surrounding covert enforcement techniques
  • family members
  • financial profile
49
Q

R v During

A

An offer is an intimation by the person charged to another that he is ready on request to supply the controlled drug.

50
Q

R v Brown (offers to supply)

A

The defendant is guilty in the following instances, of ‘offers to supply a drug’:

(1) that he has on hand
(2) that will be procured at some future dates
(3) that he mistakingly believes he can supply
(4) deceitfully, knowing he will not supply that drug

51
Q

R v Brown (intimation)

A

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

52
Q

How do you prove the defendants guilty knowledge (meas rea) of importing?

A

Proof that the defendant:

  • Knew about the importation and
  • knew the imported substance was a controlled drug and
  • intended to cause importation
53
Q

What are the ingredients for ‘supply class C to under 18’ and what must you prove?

A

supply or administer, or offer to supply or administer, any Class C controlled drug to a person under 18 years of age

  • ID of the suspect
  • Victims proof of age
  • Class C CD
  • Did supply/admin/offer
54
Q

What are 5 signs of a clan lab from the outside?

A
  • Chemical odours coming from the building (sweet, bitter, ammonia, or solvent smells)
  • Exhaust fans running at odd times
  • Frequent visitors at odd hours
  • Windows blackened out or curtains always drawn
  • Expensive surveillance and security gear
55
Q

What are the ingredients for section 12A MODA1975?

A

12A Equipment, material, and substances used in production or cultivation of controlled drugs

(1) Every person commits an offence against this Act who supplies, produces, or manufactures—
(a) any equipment or material that is capable of being used in, or for, the commission of an offence against section 6(1)(b) or section 9; or
(b) any precursor substance—
knowing that the equipment, material, or substance is to be used in, or for, the commission of an offence against those provisions.

(2) Every person commits an offence against this Act who has in his or her possession—
(a) any equipment or material that is capable of being used in, or for, the commission of an offence against section 6(1)(b) or section 9; or
(b) any precursor substance with the intention that the equipment, material, or substance is to be used in, or for, the commission of an offence against that provision.

(3) Every person who commits an offence against this section is liable on conviction,—
(a) in the case of an offence against subsection (1), to imprisonment for a term not exceeding 7 years:
(b) in the case of an offence against subsection (2), to imprisonment for a term not exceeding 5 years.

56
Q

Offering to supply or administer - the prosecution must prove two elements. What are they?

A
  1. the communicating of an offer to supply or administer a controlled drug (actus reus)
  2. an intention that the other person believes he offer to be genuine (the mens rea)

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