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DDP - Modules > Drugs > Flashcards

Drugs Flashcards

1
Q

Section 6(1)(a)

A

Drug Dealing

Import into or export from New Zealand

Any controlled drug

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2
Q

Section 6(1)(b) MODA1975

A

Produce or Manufacture

Any Controlled Drug

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3
Q

6(1)(c)

A

Drug Dealing

  • 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
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4
Q

6(1)(d) MODA1975

A

DRUG DEALING

  • Supply or administer or offer to supply or offer to administer
  • any class C controlled drug
  • to a person under 18 years of age
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5
Q

S6(1)(e) MODA1975

A

DRUG DEALING
- Sell or offer to sell
- any class C controlled drug
- to a person of or over 18 years of age

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6
Q

S6 (1)(f) MODA 1975

A

DRUG DEALING

  • Have in his possession
  • any controlled drug
  • for the purpose of supply
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7
Q

6(2) MODA

A

Sentences

2
(a) life imprisonment class A
(b) 14 years class B
(c) 8 years any other case

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8
Q

Import : Def

A

Import - the arrival of the goods in New Zealand in any manner, whether lawfully or unlawfully, from a point outside New Zealand

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9
Q

Saxton v Police

A

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

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10
Q

Criminal liability import

A

As soon as the drugs cross the New Zealand border you are criminally liable

(Even if the drugs are intercepted by customs)

Continues while goods are in transit until they reach the final destination. Anyone who knowingly assists in facilitating up to that point may be liable as party

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11
Q

R v Hancox

A

Importing

The bringing of goods into the country or causing them to be brought into the country does not cease as the aircraft or vessel enters NZ. Importing into NZ is a process. The element of importing exists from the time goods enter NZ until they reach their immediate destination

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12
Q

Men’s Rea importing

A

Knew about the importation or was wilfully blind
Knew the imported substance was a controlled drug
Intended to cause the importation

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13
Q

Wilfully Blind

A

Proof that the defendant deliberately turned a blind eye to the facts will suffice

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14
Q

Controlled drug : Def

A

Any substance, preparation, mixture or article specified in Schedule 1,2 or 3 of the MODA and includes any controlled drug analogue

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15
Q

Class A drugs

A
  • Schedule 1(Very High risk of harm)
    -Cocaine
  • Heroin
  • Lysergide (LSD)
  • Methamphetamine
  • Psyilocybine
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16
Q

Class B controlled drugs

A
  • Schedule 2 (High risk of harm)
  • Amphetamine
  • Cannabis Preparations
  • GHB
  • MDMA
  • Morphine
  • Opium
  • Pseudoephedrine
  • Ephedrine
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17
Q

Class C controlled drugs

A

Cannabis plant/seed
BZP
Controlled drug analogues

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18
Q

Controlled drug analogues

A
  • pharmacy only/restricted medicine
  • an approved product within the meaning of Psychoactive Substances Act 2013
  • any substance with a structure substantially similar to a controlled drug
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19
Q

Exceptions under 6(1)(a)

A

Importing related to any controlled drug irrespective of class

However the controlled drugs listed in Part 6 of schedule 3 are not included under paragraph (a)

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20
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 to the contrary knowledge on there part will be presumed, but if there is some evidence that the accused honesty 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.

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21
Q

Police v Emirali

A

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

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22
Q

Usable quantity

A

Depends on more than just size and weight; the nature of the drug and the condition in which it are found are relevant

(May provide circumstantial evidence of previous possession of larger quantities)

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23
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 a particular controlled drug

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24
Q

Produce def:

A

To bring something into existence from its raw materials or elements

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25
Q

Manufacture Def:

A

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

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26
Q

Produce/ Manufacture completion

A

The offence is complete once the prohibited substance is created, whether or not it is in a usable form

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27
Q

Supply def:

A

Distribute, give and sell

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28
Q

R v Maginnis

A

Supply involves more than the mere transfer of physical control…. It includes enabling the recipient to apply the thing… to the purposes for which he desires

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29
Q

Distribution Def:

A

The supply of drugs to multiple people

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30
Q

Giving

A

Handing over or in some other way transferring an item to another person

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31
Q

Selling

A

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

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32
Q

Administering

A

Introducing a drug directly into another person’s system

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33
Q

Offering to supply or administer elements

A
  • The communicating of an offer to supply or administer a controlled drug
  • An intention that the other person believes the offer to be genuine
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34
Q

R v During

A

An offer is an intimation by the person charged to another that he is ready on request to supply to that other drugs of a kind prohibited by the statute

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35
Q

R v Brown

A

The defendant is guilty in the following instances
(1) offers to supply a drug that he has on hand
(2) offers to supply a drug that will be produced 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 the drug

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36
Q

R v Brown

A

Making such an intimation, with the intention that it should be understood as a genuine offer, is an offence

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37
Q

Possession proof

A

Physical element- has the drug in there custody or control ( includes potential custody/control)

Mental element- a sense of awareness that the substance is in his possession and that what is in his possession is a controlled drug

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38
Q

Possession- crown must prove

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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39
Q

Intent

A

Deliberate act - specific result

40
Q

R v COLLISTER

A

Intent
The surrounding circumstances
Nature of the act
Words/actions before, during and after

41
Q

Statutory Presumption 6(6)

A

Person has a certain amount of drugs then it is presumed for supply

Heroin 0.5g
Cocaine 0.5g
LSD 2.5mg
Methamphetamine 5g
MDMA 5g
Cannabis resin (oil) 5g
Cannabis plant 28g (100+ cigarettes)

Where a controlled drug is not specified in schedule 5 the presumptive amount is 56grams

42
Q

6(2A) MODA

A

Conspires
With any other person
To commit an offence against subsection (1) of this act

43
Q

S12A(1) MODA

A
  • Supplies, produces or manufactures
  • Any equipment or material that is capable of being used in or for the commission of an offence against section 6(1)(b) or 9
  • or any precursor substance
    Knowing that the equipment, material or substance be used in or for the commission of an offence against those provisions
44
Q

S12A(2)

A
  • Has in his or her possession
  • any equipment or material that is capable of being used in or for
  • the commission of an offence against section 6(1)(b) or 9
  • or 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
45
Q

S9 MODA

A

Cultivates
Any prohibited plant

46
Q

S12(1) MODA

A

Use of premises or vehicle

Knowingly
Permits any premises or any vehicle etc
To be used for the purpose of a commission against this act

47
Q

Section 16 MODA

A

Obstruction of officers

Obstructs, hinders, resists or deceives
Any other person in the execution of powers on that other person
By or pursuant to the MODA

48
Q

Section 9(4) defence

A

Papaver somniferum

Not intended to be a source of any controlled drug

49
Q

Controlled delivery

A

Option 1 - clean controlled delivery (no drugs are left within consignment)

Option 2 - an amount of drugs are left within consignment

50
Q

Clean controlled delivery

A

Adv - eliminates any risk of drugs being lost
- greater freedom re surveillance

Did adv - risk of alarming target
- only importation and conspiracy charges likely to be filed

51
Q

R v Cox

A

Possession involves two elements. The first is the physical element, is actual or potential physical custody or control. The second is the mental element, is a combination of knowledge and intention. Knowledge in the sense of awareness by the accused that the substance is in his possession and an intention to exercise possession

52
Q

Section 12 Misuse of Drugs Amendment act 1978

A

Special powers of police/customs

Allowing the delivery of unlawfully imported drugs for the purpose of detection etc Misuse of Drugs Amendment Act 1978

53
Q

Section 81 Search and Surveillance

A

Searches of persons, places and vehicles relating to deliveries under section 12 of the Misuse of drugs amendment act, 1978

54
Q

Controlled delivery
Initial Action

A

Initial action- appoint roles, liaise with customs, consider electronic interception, request customs manipulate track and trace, contact other squads (surveillance, photography, CMC and TSU), start planning operation

55
Q

Controlled Delivery

Intel Phase

A
  • profile the package
  • profile the delivery address
  • profile the addresses
  • Observation post (place to watch address)
  • OP profile and profile occupants
  • Repackage controlled delivery packages
  • Search Warrant and Search for evidence, Electronic interception
56
Q

Controlled Delivery- Delivery

A

Control and risk
- Method of delivery
- Considerations
- opening device (PO Box)
- addressee not at delivery address (later, leave package in letterbox, card to call)
- addressee accepts package
(Monitor audio/tamper device, crunch when package opened, cordons, resources)
- package goes mobile (control, communication risk, tracking)
- target goes mobile without package
- written log should be maintained during this phase

57
Q

Power to stop vehicle

A

121 - stop to search for package

SW should then be obtained or if impractical S81can be used

S9 - if suspect in vehicle and you want to arrest (package may no longer be there)

58
Q

Tracking devices

A
  • a device that allows you to ascertain the location of a person or thing
  • a device used for detecting whether a thing has been handled ( this type only requires a warrant when installation involves trespass)
59
Q

Surveillance Device

A
  • interception device
  • a tracking device
  • a visual surveillance device
60
Q

Visual surveillance device

A

Any electronic, mechanical, electromagnetic, magnetic or optical instrument etc that is capable of being able to observe or observe and record private activity

61
Q

S46 S and S (Surveillance device Warrant)

A

Is needed

  • intercept private conversations
  • track people/ things
  • observation of private activity in private premises
  • use of surveillance device that involves trespass
  • private activity on curtilage of private premises if exceeds below

Not needed
- Tracking Device that is only used to advise of handling and no trespass
- private activity on curtilage and time doesn’t exceed
3 hours in 24 hour period
8 hours total for the investigation

62
Q

Situations of emergency

S48 S and S

A

RGTS - offence has/is/will be committed in relation to controlled drug
Believe surveillance device would obtain evidential material
RGTB person is in possession of things described in section 81(2)(a) to(d)
Believe use of surveillance device is necessary to facilitate the things seizure

Emergency or urgency
14+ offence
Arms Act
Risk to life and safety (surveillance necessary response)
Injury/ Serious property damage

63
Q

S23 S&S

A

Internal search

Must be under arrest for section 6,7 or 11 of MODA in relation to class A, B or C drugs

64
Q

S13A of MODA

A

Internal search of people believed to be concealing classified A or B drugs internally (not under arrest)

65
Q

Evidential material def

A

In relation to an offence, means evidence of the offence or any other item, tangible or intangible of relevance to the investigation

66
Q

Private communication def

A

A communication made under circumstances that may reasonably be taken that any party to the communication desires it to be confined to the parties involved

(Does not include where it may intercepted by some other person)

67
Q

Surveillance Def:

A

Observing and recording of that observation, of people vehicles places and things
Ascertaining the location of a thing/person and whether it has been tampered with
Interception a private communication through use of a surveillance device

68
Q

Serious offence

A

7 years +
Certain Arms Act offences

69
Q

S47 activities do not require SW

A
  • Being lawfully on private premises
    Record what you hear or see
  • covert audio recordings where 1 person consents
70
Q

R v McGinty

A

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

71
Q

Section 57 S and S

A

Evidential material obtained as a result of SDW in relation to an offence that is not the offence that the Warrant was issued for is still admissible

72
Q

SDW S51 S and S (conditions)

A

RGTS offence is/will/has been committed in respect of which this act or any enactment specified in column 2 of the schedule authorises an enforcement officer to apply for a warrant to obtain evidence about suspected offence

RGTB Surveillance device will obtain evidential material

73
Q

S64 evidence act

A

Privilege to informers and protects their identity and extends to information likely to disclose there identity

Exception- if they are called as a witness by the prosecution

74
Q

R v McGinty - CHIS CL

A

Disclosure of the identity of alleged informants was not required under the act ……… However the trial judge was entitled to insist on disclosure if he saw fit

75
Q

S49 - S &S Application for SDW (requirements)

A
  • name of applicant
  • provision authorising application
  • grounds for application
  • suspected offences
  • type of SD
    -name, description, address of person place other thing
  • a description of evidential material
  • period of warrant
76
Q

Section 59 - reporting requirements

A

Written report to judge within 1 month after the expiry of the period for which the warrant is in force

77
Q

Consensual interception

A

Taped evidence from private communications is admissible where one of the parties to the communication has previously consented

78
Q

Relevant

A

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

79
Q

Disclosure of interception

A

The defendant is entitled to all interceptions (subject to grounds of withholding) of themselves

80
Q

Interception communication transcript

A

Evidential transcript must be a verbatim copy of the recorded version

81
Q

4 key activities telephone investigators

A

Trapping or pre loading phone data
TSP liaison
Draft a production order application early
Prove phone ownership

82
Q

Clan lab - types

A

Extraction
Conversion
Synthesis

83
Q

Children and young persons (clan labs)

A

Considered to be in imminent danger.
Immediate action must be taken to remove child to ensure safety and well being

84
Q

Emergency

A

Actual or imminent danger to human health or safety

85
Q

Offences against section 6

A

Category 3 offences

Importing & exporting
Producing & manufacturing
Supplying & administering
Selling or offering to sell
Possessing for the purpose of supply

86
Q

Section 7 offences

A

Category 2
Possession and consuming drugs
Supply and administering Class C

87
Q

Trial by Jury

A

Category 3 offences (2+ years) can elect trial by jury

If one charge is tried by jury all charges will be tried by jury

Likewise with high court

88
Q

Drug offences prosecuted by the crown

A
  • S6(1)(b) or (2A) production or manufacture of, or conspiracy to produce or manufacture methamphetamine
  • S10 aiding offences against corresponding law of another country
    -S12C commission of offences outside NZ
89
Q

Other Crown Prosecution

A
  • drugs 5x presumptive amount class A
  • evidence of large scale dealing
  • substantial evidence derived from SD

Drugs 10 x amount class B

90
Q

Cannabis Cultivation

A

Category 1 - growing a small number for personal use
Category 2 - small scale cultivation for a commercial purpose
Category 3 - large scale commercial growing with a considerable degree of sophistication and organisation

91
Q

Bail Act S16

A

Judge (district or high court) is the only one who can grant bail for drug dealing

92
Q

17A restrictions on bail if charged with serious class A offence

A

18+ or 17 and charged in district/high court

No defendant should be granted bail unless they satisfy the judge that bail or remanded at large should be granted

93
Q

Certificate of evidence

A

Analyst provides certificate instead of oral evidence

Requires
Chain of evidence is unbroken
Material to be analysed is not tampered with or contaminated
Defence is aware of analysis and results and given reasonable time to prepare defence ( minimum of 7 days before hearing)

94
Q

Delivery of drug exhibit

A

In person (obtain name, signature of employee & package sealed)

Registered post or courier post with signature

95
Q

Admissibility of Certificate

A

Certificate admissible if defendant served at least 7 clear days before hearing

The defendant does not at least three days before the hearing give written notice that the analyst be called

The court does not request oral evidence of analyst

96
Q

S55 s and s

A

Outlines the form in which a SDW should be in

  • prescribed form
  • be directed to every enforcement officer who has the authority to carry the activities of a SDW
  • specify a period up to 60 days
  • contain a condition as to providing a report
  • contain a condition as to privilege

DDP - Modules (7 decks)

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