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CIB Modules > Drugs > Flashcards

Drugs Flashcards

1
Q

Importation (s5 Customs and Excise Act 2018)

A

In relation to any goods, means the arrival of the goods in NZ in any manner, whether lawfully or unlawfully, from a point outside NZ…

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2
Q

Saxton v Police (import)

A

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

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3
Q

R v Strawbridge

A

Knowledge will be presumed if there is no evidence to the contrary. The onus is on the accused to prove no knowledge.

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4
Q

Importation process

A

Begins at point of origin and continues until drugs reach ultimate destination in NZ. Criminal liability begins as soon as the drugs cross border. Importer may be convicted even if drugs are intercepted. Offence continues while goods are in transit to their final destination and available to consignee.

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5
Q

R v Hancox (importation)

A

Importation does not cease as the aircraft or vessel enters NZ territorial limits. Importation is a process. The element of importing exists from the time the goods enter NZ until they reach their ultimate 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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6
Q

Mens rea - importing

A

Prove that:
- Knew about the importation AND
- Knew the imported substance was a controlled drug AND
- Intended to cause the importation

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7
Q

New Zealand (s5 Customs and Excise Act 2018)

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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8
Q

Controlled drug (s2 MODA)

A

Any substance, preparation, article or mixture specified or described in schedule 1, 2, or 3 to this Act; and includes any controlled drug analogue.

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9
Q

Police v Emirali

A

Possession doesn’t extend to some minute or useless residue, must be usable quantity.

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10
Q

R v Rua

A

‘Produce’ and ‘manufacture’ broadly cover the creation of controlled drugs by some form of process which changes the original substance into a particular controlled drug.

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11
Q

Produce

A

To bring something into being, or to bring something into existence from its raw materials or elements.

Includes ‘compound’ - to create a whole by mixing or combining two or more elements or parts.

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12
Q

Manufacture

A

The process of synthesis; combining components or processing raw materials to create a new substance.

E.g. meth from pseudo, heroin from morphine

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13
Q

Offence of produce/manufacture is complete…

A

Once the prohibited substance is created, whether or not in usable form.

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14
Q

s29B MODA 1975

A

Deals with producing cannabis preparations (renders cannabis unrecognisable as plant material, e.g. cannabis oil, or weed brownies).

Prosecution must prove that the preparation contains THC.

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15
Q

To ‘supply’

A

To furnish something that is needed or desired.
s2 - includes distribute, give, and sell.

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16
Q

R v Maginnis (supply)

A

Supply is more than the transfer of physical control. Includes enabling the recipient to apply the thing for the purposes for which he desires.

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17
Q

Distribute

A

To supply drugs to multiple people.

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18
Q

R v Brown (offers to supply)

A

Offers to supply - defendant is guilty if:
1. Offers to supply a drug he has on hand
2. Offers to supply a drug that will be procured at some future date
3. Offers to supply a drug that he mistakenly believes he can supply
4. Offers to supply a drug deceitfully, knowing he will not supply that drug

Offence of supply exists when the offer is made with the intention it should be understood as genuine. May be conveyed in any manner, including by words, writing, or gestures.

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19
Q

Otherwise deals

A

Other than distributing, giving or selling it, administering it or offering to supply or administer. E.g. barter or exchange.

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20
Q

Possession

A

Must prove physical and mental element.
Actual or potential physical custody or control, and knowledge and intent.

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21
Q

Potential custody or control

A

s2(2) - possession includes anything subject to his control which is in the custody of another, e.g. storing drugs at a friends house.

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22
Q

Knowledge and intent

A

Knowledge = awareness that substance is in possession, and knowledge that it is a controlled drug.
Intent = willingness to possess/intend to exercise possession

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23
Q

Components that provide knowledge of existence

A
  • Defendant must be aware they possess the substance
  • Defendant identifies the substance as a controlled drug, even if no substance to prove
  • Physical custody presumes knowledge, unless otherwise proven
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24
Q

Knowledge and intent, establish:

A
  • Know they have the substance
  • Know the substance’s nature or qualities (s29 - mistaken beliefs)
  • Intend to use the substance in a way that allows you to charge them with possession.
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25
Q

R v Cox (possession)

A

Possession involves two elements.
Physical - actual or potential physical custody or control
Mental - combination of knowledge and intention: knowledge that substance is in his possession, and an intention to exercise possession.

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26
Q

Control

A

To exercise authoritative or dominating influence or command over it.

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27
Q

Crown must prove (possession)

A
  • Knowledge that the drug exists
  • Knowledge that it is a controlled drug
  • Actual physical control or some degree of control over it
  • An intention to possess it
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28
Q

Intent

A

Deliberate act to get a specific result

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29
Q

R v Collister (intent)

A

Circumstantial evidence from which an offender’s intent may be inferred can include:
- The offender’s actions and words before, during and after the event
- The surrounding circumstances
- The nature of the act itself

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30
Q

Intent inferred from…

A
  • Admissions
  • Circumstantial evidence (packaging, scales, cash, tick lists etc)
  • The statutory presumption under section 6(6)
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31
Q

Presumptive amounts for supply

A

Heroin 0.5g
Cocaine 0.5g
LSD (lysergide) 2.5mg or 25 tabs
Methamphetamine 5g
MDMA 5g or 100 tabs
Cannabis resin/oil 5g
Cannabis plant 28g or 100+ cigarettes
Not specified - 56g

32
Q

s12A MODA 1975

A

Offences of supplying, producing, or manufacturing equipment, material and precursors (1), or possessing such items (2), for the purpose of producing/manufacturing controlled drugs, or of cultivating prohibited plants.
12A(1) - often against businesses or pseudo shoppers
12A(2) - possession of items used themselves, e.g. meth cooks and cannabis growers.

33
Q

Must prove for 12A(1) charges…

A

Three elements:
- That the defendant has supplied, produced or manufactured equipment, material or precursors.
- 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 knows those items are to be used for such an offence by another person.

34
Q

Examples of equipment

A

Glassware, condensers, heating mantles - methamphetamine
Pots, lights, timers, water pumps - cannabis

35
Q

Knowing

A

Knowing or correctly believing. May believe something wrongly, but cannot know something that is false.

36
Q

Must prove for 12A(2) charges…

A

Three elements:
- 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.

37
Q

s9(4) defence

A

Defence if a person proves that the prohibited plant to which the charge relates was of the species Papaver somniferum (opium poppy), and that it was not intended to be a source of any controlled drug or that it was not being developed as a strain from which a controlled drug could be produced.

38
Q

s12 MODA 1975

A

Permits premises or vehicles to be used for the purpose of the commission of MODA offences.

39
Q

s16 MODA 1975

A

Obstruction of officers

40
Q

Controlled deliveries

A

Power only by customs officer, under s12 of Misuse of Drugs Amendment Act 1978.

41
Q

s12 Misuse of Drugs Amendment Act 1978

A

Controlled deliveries - allowing delivery of unlawfully imported drugs (or precursor substances) for the purpose of detection etc

42
Q

s81 Search and Surveillance Act 2012

A

Controlled deliveries emergency powers - searches of persons, places, and vehicles relating to deliveries under section 12 of Misuse of Drugs Amendment Act 1978

43
Q

Two options for controlled deliveries

A
  1. Clean controlled delivery - no drugs left within consignment. Likely only importation and/or conspiracy charges
  2. Leaving an amount of the drug (to enable a possession for supply charge, can use emergency powers).
43
Q

Methods of importation

A
  • International Mail Centre
  • International Airport
  • Imported air freight
  • Imported sea freight
  • Transhipped air or sea freight
  • Arriving commercial vessel
44
Q

Profiling an address

A
  • NIA checks on occupants
  • Local council - owner/rate payer details
  • Council plans - street and target
  • Rubbish delivery - date/time
  • Telecommunication providers
  • Electricity/gas suppliers
  • Timing of mail
  • Previous occupants and neighbours
  • Landlord/owner of property
  • Police staff previously visited
  • CHIS
  • Fixed or mobile surveillance
  • Photographs/videos
  • Security methods
45
Q

Profiling a potential address for observation post

A
  • 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 cables
  • Phone lines available in street
  • Other conditions in vicinity eg schools, parking, lighting, animals
46
Q

s121 S&S Act 2012

A

Stopping vehicles with or without warrant for the purposes of a search.
RAN

47
Q

Tracking device

A

A device used to help ascertain:
- The location of a thing or a person; OR
- Whether a thing has been opened, tampered with, or in some other way dealt with.

Does not include a vehicle or other means of transport, such as a boat or helicopter.
*Offence punishable by imprisonment

48
Q

Controlled delivery

A

When a consignment of illicit drugs is detected, in circumstances making it possible for the delivery of those goods to be made under the control and surveillance of NZ Customs and Police with a view to identifying and securing evidence against those involved for the importation/exportation.

49
Q

s46 S&S Act 2012

A

Surveillance device warrant

50
Q

s48 S&S Act 2012

A

Surveillance device warrant need not be obtained for use of surveillance device in some situations of emergency or urgency. Must not exceed 48 hours.

51
Q

Surveillance device

A

A device which assists and enhances your normal capabilities to carry out surveillance.
May be one or more of the following:
(a) an interception device
(b) a tracking device
(c) a visual surveillance device

52
Q

Private communication

A

A communication (oral, written, telco or otherwise) made under circumstances that may indicate that any party desires it to be confined to those involved.

Does not include communication occurring in circumstances where you would expect that you may be intercepted by another person without consent (eg talking in public places).

53
Q

Interception device

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 intercept or record a private communication; but does not include a hearing aid or similar device used to correct subnormal hearing of the user to no better than normal hearing.

54
Q

Interception

A

In relation to private communication, includes hear, listen to, record, monitor, acquire or receive the communication either when it is taking place, or while it is in transit.

55
Q

Voluntary oral communication

A

Where at least one party gives their consent for the communication to be recorded - no SDW required.
eg offender admits role in drug ring, consents to police recording his conversation with ringleader.

56
Q

s23 S&S Act 2012

A

Internal search
Applies to persons under arrest pursuant to s6, 7 or 11 of MODA75.
Relates to Class A, B, C drugs

57
Q

s13A Misuse of Drugs Amendment Act 1978

A

Internal concealment
Not under arrest
Reasonable cause to believe is concealing Class A or B drugs

58
Q

R v McGinty (SDW)

A

The evidence in the present case of continued heroin dealing, in respect of which the orthodox techniques such as searching premises and following vehicles had been tried without success, was sufficient. A Judge was not required to refuse a warrant because Police had not exhausted every conceivable alternative technique of investigation.

59
Q

s64 Evidence Act 2006

A

Grants privilege to informers that protects their identity and extends to information that is likely to disclose that identity.

60
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.

61
Q

‘Trapping’ or ‘pre-loading’

A

TSP can ‘trap’ phone data to maximise capacity to recover vital messages, pending the granting of a production order.

62
Q

Four key activities a telephone investigator should undertake in first 24 hours

A
  • Trapping or preloading phone data
  • TSP liaison
  • Draft a PO application early
  • Prove phone ownership
63
Q

Four Clan Lab indicators

A
  • Chemical odours
  • Exhaust fans running at odd times
  • Frequent visitors at odd hours
  • Windows blackened out or curtains always drawn
  • Expensive security and surveillance gear
  • Unfriendly occupants
  • Lab equipment
  • Hot plates near chemicals
  • Two layered liquids
64
Q

Symptoms of Clan Lab exposure

A
  • Headaches
  • Watery or burning eyes
  • Nausea
  • Burning skin
  • Coughing or choking
  • Pain in diaphragm
  • Feeling of coldness or weakness
  • Shortness of breath and/or dizziness
  • Decrease in cognitive function
65
Q

Three processes/stages relating to Clan Labs

A
  • Extraction
  • Conversion
  • Synthesis
66
Q

Definition of ‘Emergency’ - s135 Hazardous Substances and New Organisms Act 1996

A

(a) actual or imminent danger to human health or safety; or
(b) a danger to the environment or chattels so significant that immediate action is required to remove the danger—
arising from a hazardous substance or new organism

67
Q

Large-scale dealing

A

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

68
Q

Categories of Cannabis cultivation

A
  1. Growing a small number of plants for personal use without any sales.
  2. Small-scale cultivation for a commercial purpose.
  3. Large-scale commercial growing, usually sophisticated and organised. (Crown prosecution)
69
Q

Time limits for filing charging documents

A

s28(a) Any time for offences against s6 (dealing), s9 (cultivating), and s10 (aiding offences against corresponding law in another country)
s28(b) other offences = four years from offence date

70
Q

s3 Bail Act 2000 - definition of ‘drug dealing offence’

A

Any offence against section 6 or 12C(1)(a) of MODA75 in relation to a Class A or B controlled drug; or an attempt to commit.

71
Q

s31(2) MODA 1975 - methods of delivering drug exhibits 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 in charge of the laboratory.
72
Q

Time frames for admissibility of analyst certificates

A

Certificate is admissible evidence only if:
- Defendant is served at least 7 clear days of the hearing, and provided with a copy (+ written notice analyst will not be called).
- Defendant does not, at least 3 days before the hearing, give written notice that the analyst be called.
- The Court does not request oral evidence.

73
Q

Mens rea/actus reas Offer to supply

A
  • Communicate offer to supply/administer
  • Intent the other person believes it is genuine
74
Q
A

CIB Modules (9 decks)

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