Drugs Flashcards
Import/Export any controlled drug
Section 6(1)(a) Misuse of Drugs Act 1975
Import into or export from New Zealand
Any controlled drug
Produce/Manufacture any controlled drug
Section 6(1)(b) Misuse of Druga Act 1975
Produce or manufacture
Any controlled drug
Supplying any Class A or B controlled drug
Section 6(1)(c) Misuse of Druga Act 1975
Supply or administer or offer to supply or administer or otherwise deal in
Any Class A controlled drug or Class B controlled drug
To any other Person
Supplying Class C controlled drug to person under 18 year old
Section 6(1)(d) MODA 1975
Supply OR administer OR offer to supply OR administer
Any class C controlled drug
To any person under 18
Sell / Offer to sell Class C Controlled Drug To Person Over 18
Section 6(1)( e) MODA 1975
Sell OR offer to sell
Any Class C controlled Drug
To Any Person of or over 18 years
Possession of Controlled Drugs for Supply
Section 6(1)(f) MODA 1975
Have in their possession
Any controlled drug
For any purpose set out in paragraphs (c), (d) or (e) of section 6(1) MODA 1975.
Controlled Drug
Any substance, preparation, mixture or article specific or described in Schedule 1, Schedule 2 or Schedule 3 and includes any temporary class drug and any controlled drug analogue. SPAM + CDA.
Controlled Drug Analogue
Any substance with a structure substantially similar to a controlled drug. It has the same dangerous effects but not specifically listed in the Schedules.
Class A drugs
Very high level risk - Cocaine, heroin, methamphetamine, lysergic acid (SD) psilocybin (magic mushroom)
Class B drugs
High level risk - Amphetamine, MDMA, Cannabis preparation, morphine, opium.
Class C drugs
Moderate level risk - Cannabis
Guilty Knowledge
K.K.I - Knew about the offence, knew the substance was a controlled drug and intent to commit an offence.
R v Stawbridge
Knowledge will be presumed if there is no evidence to the
contrary. The accused need to prove they acted innocently and had no knowledge to be acquitted.
Useable quantity
R v Emerali: Possession doesn’t extend to some minute or useless residue.
Saxton v Police
To import includes “to introduce or bring in from abroad or to cause to be brought in from a foreign country”.
Produce
Bring something into existence from its raw materials.
Manufacture
Process of synthesis. Combining raw materials to create new substance.
R v Rua (1)
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.
R v Rua (2)
Offence is complete once the prohibited substance is created, whether or not it is in a useable form
Supply
S2 MODA 1975. To furnish or provide something that is needed or desired. Supply includes distribute, give, and sell
Distribute – supply to multiple
Give – hand over to enable use
Sell – exchange for valuable consideration
R v Maginnis
More than transfer of physical control. It includes enabling the recipient to apply the thing.
R v Donald
Supply includes distribution of jointly owned property between its co owners.
R v During
Ready on request to supply drug.
R v Brown
Offence of supply exists when offer is made with intention that it
should be understood as genuine.
R v Forrest and Forrest
Best evidence possible adduced from prosecution regarding age (birth certificate and ID of that person named on certificate).
Sell
S6(5) MODA 1975
If person is supplied, then deemed to have sold. Exchanged for valuable consideration.
R v Cox
Possession. Proof of two things
2 Elements
Mental: Knowledge / intent
Physical: Custody / control
Import
The arrival of any goods in New Zealand whether lawfully or unlawfully from a point outside of New Zealand. Saxton v Police: To import includes “to introduce or bring in from abroad or to cause to be brought in from a foreign country”.
R v Hancox
Importation in the Misuse of Drugs context means bringing in from aboard or causing to be brought from abroad.
Importation continues from the time is enters NZ until it reaches their destination. Criminal liability is when it it enters New Zealand.
Mens rea of importating
Knew about the importation, and
Knew the imported substance was a controlled drug, and
Intended to cause the importation
Willful blindness of importing
Proof that the defendant deliberately turned a blind eye will suffices.
Mistake as to nature of controlled drug
It is not a defense if the defendant did not know the substance in question was the particular controlled drug alleged.
Cannabis prep Section 29B
It provided that a cannabis preparation is produced by subjecting cannabis plant to some kind of process that renders it unrecognizable as plant material. Eg: Cannabis oil.
R v Emerali
Possession doesn’t extend to some minute or useless residue.
Administer
Introducing a drug directly into another person’s system.
Offer to supply or administer
Proving two elements:
The communication of an offer to supply/administer a controlled drug.
An intention that the other person believes the offer to be genuine.
R v During.
Attempted possesion
It is an offence to attempt to gain possession of a drug, a charge which covers someone obtaining something innocuous in the mistaken belief that it is a drug.
Statutory presumption
Amount, level or quantity that a controlled drug is possessed for supply.
5g presumptive drugs
Methamphetamine, MDMA, Cannabis oil/resin
0.5 presumptive drugs
Heroin, Cocaine
Cannabis presumptive amount
28grams
How can someone defend the presumptive amount of a controlled drug?
If the person is able to prove, on the balance of probabilities, that they did not intend to commit a ‘dealing, offence, notwithstanding the amount. For example, the defence may argue that the suspect was heavily addicted and required large amounts for personal use.
Conspiracy done in another country
Part of the conspiracy must be completed in NZ for jurisdiction in the NZ courts.
12A offences
Equipment/Precursors/materials for drug dealing/manufacturing offences.
Equipment (12A)
Implements, apparatus used in the manufacturing/producing process.
Material (12A)
Anything used in the manufacturing/producing process not including equipment or precursor substances.
Precursor substances (12A)
Substance that is the starting point in a chemical process that will result in the creation of a new drug.
Otherwise deal
Typically barter or exchange for drugs.
How does crown prove possession of a drug
Knowledge that the drug exists.
Knowledge that it is a controlled drug.
Actual physical control of it or some degree of it.
An intention to possess it.
R v Cox.
What is a controlled delivery?
When a consignment of illicit drugs is detected and often concealed making it possible for the delivery of those good to be made under control and surveillance of Customs or NZ Police to identify evidence or offenders.
Who leads a controlled delivery?
Customs do under s12 of the Misuse of Drugs Amendment Act 1978. Police assist and make arrest/prosecute.
Options for a controlled delivery?
Option 1:
“Clean controlled delivery” where no drugs are left within the consignment. No lose of drug, more freedom with surveillance, however only conspiracy or importation charges likely.
Option 2:
Leave an amount of drug within the consignment enabling Police to charge offender with possessing for supply. Provides options of emergency powers should the drugs move to persons or places not covered in search warrant.
Controlled delivery initial action phase
Assume ownership and appoint key roles
Liaise with customs
Consider electronic interception
Request customs to manipulate ‘track n trace’
Contact specialists
Plan operations
Controlled delivery intel phase
Profile package by considering sender details:
Phone details, forensic evidence
Profile delivery address:
Council info, service providers, owner/occupant details, police, intel, photos/video, security
Profile the addressee:
Real name, personal details, previous history, photos held, bank details, police Intel, suspect knowledge, lifestyle.
Observation Post consderations
Finding a suitable locations.
Ideally staff or ‘friendlies’.
Camera OP requirements vs intercept requirements.
Whether surveillance device warrant is required.
Whether staff have to occupy OP.
Observation Post address profiling
Distance/line of sight to target
Access to address without causing suspicion
Phone lines available
Other conditions – parking, schools, lighting
Controlled ‘Delivery’ phase
Emphasis on ‘control’ and ‘risk management’ on obtaining a successful result.
Method of delivery.
Controlled delivery emergency powers
Search and Surveillance Act 2012 sections 19-24.
Search and Surveillance Act 2012 section 81. (Specifically controlled deliveries)
Stopping vehicles under Section 121. Then get a Search Warrant.
Stopping vehicle for person at large, Section 9.
Emergency or urgency use a tracking device
Can be used for up to 48hours without obtaining a surveillance device warrant.
Tracking device
a device that can be placed in a controlled delivery to either track GPS or to detect whether something has been handled.
Internal searches of drugs
If they are under arrest for section 6,7 or 11 of MODA and relates to Class A,B or C use section 23 Search and surveillance act.
If they concealing Class A,B drugs and not under arrest use Section 13A of Misuse of Drugs Amendment Act 1978. Consult NOCG or Customs drug investigators.
Provisions for using tracking device
Section 46 Search and Surveillance Act 2012
Use of an interception device to intercept a private communication;
Use of a tracking device, except where a tracking device is installed solely for the purpose of ascertaining whether the 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
Observation of private activity in a private premises, and any recording of that observation, by means of a visual surveillance Device.
Use of a surveillance device that involves trespass to land or trespass to goods;
Observation of private activity in the curtilage of private premises, and any recording of that observation, if any part of the observation or recording is by means of a visual surveillance device, the duration of the observation, for the purposes of a single investigation, or a connected series of investigations, exceeds-
3 hours in any 24 hr period; or
8 hours in total
Evidential material deifnination
In relation to an offence or a suspected offense, means evidence of the offence, or any other item, tangible or intangible, of relevance to the investigation of any offence.
Private communication
Oral or written communication or in form of telecommunication made under circumstances that may reasonable be taken to indicate the communication is confined to the parties.
Interception device
Means 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 (including a telecommunication); but
Does not include a hearing aid or similar device used to correct subnormal hearing of the user to no better than normal hearing
Visual surveillance device
Means any electronic, mechanical, electromagnetic, optical, or electro-optical instrument, apparatus, equipment, or other device that is used or is capable of being use to observe, or to observe and record, a private activity
Surveillance Devices
Means a device that is any 1 or more of the following kinds of devices;
An interception device;
A tracking device
A visual surveillance device
Trespass Surveillance
Trespassing onto private land or unauthorized handling of goods, unless authorized by a surveillance device warrant. Serious offence of 7 years+.
What doesn’t require a surveillance device warrant
S47 Search and Surveillance act 2012
the enforcement officer –
being lawfully in a private premises; and
recording what he or she observes or hears there (provided that the enforcement officer records those matters that he or she could see or hear without the use of a surveillance Device)
Covert audio recording of a voluntary oral communication
What does require a surveillance device warrant
S46 Search and Surveillance act 2012
Use of interception device for private communication
use of tracking device
observation of private activity in private premise
use of surveillance that requires trespass
observation pf private activity in the curtilage of private premise that exceeds time limits 3hours in 24hours, 8 hours in total.
Voluntary oral communication
Communication between one or more person where at least one party gives their consents. SDW is not required.
Smergency surveillance device warrant
Section 48
Punishable by 14 years or more
Arms act offence
drug offence (+
likely to cause injury or serious property loss/damage
risk of life and safety
Admissibility of evidence material relevant to other offences of SDW
Other offences are admissible if a SDW could of be gained or lawfully used.
Criteria for issuing a surveillance device warrant
Suspect that an offence has been, or is being committed, or will be committed.
believe that the use of the SDW will obtain evidence about the offence.
Section 64 Evidence Act 2006
Grants privilege to informers that protects their identity and extends to information that is likely to disclose their identity.
You are not required by law to name you CHIS.
SDW time frame
up to 60 days
Considerations in an electronic operation
Logistical support
Analysis of evidence
CHIS protection
Implications of disclosure and legal grounds for withholding
OC telco – first 24 hrs
Trap or ‘pre-load’ phone data
Identify TSP liaison
Draft a production order application early.
Clab lab indicators
Exterior:
Chemical odours
Exhaust fans
Windows blackened out
CCTV system
Frequent vistors
Exterior:
Laboratory glassware and equipment
Containers with clear liquids
Containers with two layered liquids in them
Used coffee filters and respirators
Baking dishes containing white crystals
Hot plates and other equipment
90 second rule
This rule assumes that if offenders 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 90 seconds.
Unplanned clan lab response
Immediately alert all attending personal of clan lab.
Remove all persons of interest from premise.
Isolate the site and maintain a safety perimeter.
Preserve the crime scene.
Notify duty inspector.
Contact Clan lab and seek advice.
Separate occupants of the house until decontamination.
Seek medical advice if required.
Safety considerations at clan lab
Leave area immediatly.
Dont touch/taste/smell anything.
Dont interfere with chemical reaction.
Do not shut off water supply.
Do not smoke.
Do not use phone, radios etc.
Do not re-enter.
Symptoms of clan labs exposure
Headaches
Nausea
Watery or burning Eyes
Burning Skin
Coughing or choking
Three type of clan labs
Extraction
Conversion
Synthesis
What is paramount at a clan lab?
Safety of the public is paramount, the investigation comes second.
Safety equipment needed for clan lab
fire retardant/chemical resistant overalls.
boots
fire resistant gloves
balaclava
Police vest
Air filter mask.
Emergency powers clan lab
Section 136 of Hazadous Substance and new organism act 1996
Enter, remove, direct.
Inintial action with children at clan lab
Removal of the child or YP from the immediate scene.
-Assigning of an officer to look after and monitor the child or YP. 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 YP about what is going to happen
to them, i.e. the need to use special clothing.
-Assessment of the child or YP by ambulance staff for injury, illness or respiratory distress.
-Request for CYF attendance at the scene (if not already done).
-Distribution of suitable personal protective equipment (PPE) to CYF staff, together with a
‘Decontamination Kit for CYPs’ for each child or YP.
-Placing of the child or YP in a Tyvek suit or having them wrapped in a blanket. This must
occur before handover to Child, Youth and Family staff.
-Most appropriate decontamination for the child or YP.
-Photographing of the child or YP at the scene.
-Recording of the physical condition of the child or YP including any injuries.
-Recording of the mental state of the child or YP.
-Consider securing the clothing worn by the child or YP as an exhibit.
-Preliminary interview with the child or YP.
-Informing the CYF Social Worker of the power/authority used to remove and detain the
child or YP before placing them in the care or custody of CYF.
-Furnish the Social Worker with a copy of the s39 warrant or a copy of the completed s42
placement form.
-Briefing of the Social Worker of any relevant information gained from the preliminary
interview, including any known medical conditions or medications required by the child or
YP.
-Briefing of the Social Worker of any health and safety concerns resulting from the medical
assessment.
Interview of young person at clan lab
-Basic health questions such as: headaches, nausea, breathing difficulty, dizziness, fatigue
etc.
-The occupant’s details.
-Details of other siblings, children or YP’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
Emergency definition clan lab
Emergency means
Actual or imminent danger to human life health of safety; or
A danger to the environment or chattels so significant that immediate action is required to remove the danger.
category of S6 MODA charges
3
Can elect Jury
category of S7 MODA charges
2 (possession, supply class C)
Cannot elect jury
Drug offences automatically prosecuted by the Crown
Produce/Manufacture methamphetamine
Filing charge documents time limits
Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011,—
(a) a charging document in respect of an offence against section 6, 9, or 10 of this Act may be filed at any time; and
(b) the limitation period in respect of any other offence against this Act, or any regulations made under it, ends on the date that is 4 years after the date on which the offence was committed.
Section 16 bail act
only judge may grant bail for drug dealing offences.
Section 17 bail act
Class A Section 6 offence.
No defendant to whom this section applies may be granted bail or allowed to go at large unless the defendant satisfies the Judge that bail or remand at large should be granted.
copy of analysts certificate to defendant
provided 7 days before the hearing as it is to be provided as evidence.
Notice in writing must be provided by defendant if they wish for the analyst to be called as a witness.
