Drugs Flashcards
Controlled drug
Misuse of drugs Act 1975
Any substance, preparation, mixture or artical specified or described in schedule 1, 2, or 3 of MODA 1975. Includes any temporary class drug and any controlled drug analogue.
Controlled drug analogue
MODA 1975
Classified at class C controlled drugs.
A substance with a very similar chemical structure, which therefore poses a similar risk to the user on analysis, not the controlled drug so would be an analogue.
Class A
MODA 1975
Cocaine
Heroin
LSD
Meth
Magic mushrooms (psilocybine)
Class b
MODA 1975
Amphetamine
Cannabis resin oil
MDMA (ecstasy)
GHB
Morphine
Opium
Pseudoephedrine
Class C
MODA 1975
Cannabis fruit, plant, seed
BZP
Analogues
Presumptive amounts
8 types of drugs
Herion 0.5
Cocaine 0.5
LSD 2.5 milligrams or 25 flakes, tablets
Meth 5 grams
MDMA 5 grams
Cannabis resin 5 grams
Cannabis extract 5 grams
Cannabis plant 5 grams
Section 6(1)(a)
MODA 1975
Drug dealing (import/export any controlled drug)
Section 6(1)(a)
Drug dealing (import/export any controlled drug)
MODA 1975
Import into or export from NZ
Any controlled drug
Section 6(1)(b)
Drug dealing (produce / Manufacture any controlled drug)
Section 6(1)(c)
Drug dealing (supplying any class A or B controlled drug)
MODA 1975
Supply or administer or offer to supply or administer or otherwise deal in.
Any class A or class B controlled drug.
To any other person.
Section 6(1)(c)
MODA1975
Drug dealing (supplying any class A or class B controlled drug)
Section 6(1)(c)
Drug dealing (supplying any class A or class B controlled drug)
MODA1975
Supply or administer, or offer to supply or administer, or otherwise deal in.
Any class A or class B controlled drug
To any other person.
Section 6(1)(d)
MODA1975
Drug dealing (supplying any class C controlled drug to person under 18)
Section 6(1)(d) Drug dealing (supplying any class C controlled drug to person under 18)
MODA1975
Supply or administer or offer to supply or administer or otherwise deal in
Any class C controlled drug
To a person under 18 years of age.
Guilty knowledge.
The crown must prove not only that the defendants conduct in some way contributed to the importation but also prove the defendants’ guilty knowledge.
Guilty Knoledge.
K - knew about the offense
K - knew the substance was a controlled drug
I intended to commit offense
Saxton v Police
To import includes to introduce or bring in from aboard or to cause to be brought in from a foreign country.
R v Hancox
Importation is a process and does not cease as the vessel crosses NZs border.
Importing continues while goods are in transit from the time the goods enter NZ and up until they have become available to the recipient.
Two types of clan lab investigations
Unplanned entry
Planned entry
Three processes or stage relating to clan labs
Extraction (drug or precursor removed from raw materials)
Conversion (drug changed to more desirable form)
Synthesis (raw materials combined to produce desired drugs)
90 second rule
This rule assumes that if offenders are present and moving inside the clan lab, then the atmosphere will sustain life. If assumes that the IET may safely enter and extract suspects for a period of up to 90 seconds.
What to do in an unplanned entry into a clan lab
1) immediately remove persons of interest from the premises.
2) isolate the site and maintain a safety perimeter
3) Preserve the crime scene
4) Notify duty inspector or NCO, NCLRT, fire service, ambulance.
5) Seek advice from NCLRT and fire service about decontamination procedures.
6) Occupants of address and staff who entered to remain separated until decontamination issues have been addressed
7) seek medical advice if experience any adverse effects.
Who can call a landslide in a clan lab?
Any member of the initial entry team
What are 7 Clan lab safety considerations when entering
Leave the area immediately. Safety is paramount.
Never touch, taste, or smell any chemicals or equipment.
Do not attempt to stop a chemical reaction or turn off electrical devices.
Do not shut off the water supply to the house.
Do not smoke in or near the clan lab.
Do not use tools, radio, cell phones, torches, or devices that produce sparks or friction.
Do not re-enter the premises.
Signs of a clan lab (Exterior)
Chemical, odors commingle from building.
Exhaust fans running at odd times.
Frequent visitors at odd hours.
Windows blackened, curtains drawn.
Occupants unfriendly appear secretive.
Expensive security and surveillance gear.
Access denied to landlords, neighbors.
Rubbish containing large amounts of cold medication containers or packaging.
Bottle,plastic container, and boxes with tables removed.
Signs of clan lab (interior)
Laboratory glassware, equipment, documents.
Containers with clear liquids in them.
Containers with two layered liquids in.
Used coffee filters containing white or brown substance.
Baking dishes or similar containing white crystal substance.
Presence of hot plates near chemicals.
Considerations when profiling the addressee of a controlled delivery.
Previous owners
Real person or false name
Connections to delivery address
Relevant convictions, noting, associations
Photographs (casual, formal, surveillance)
Bank accounts - large deposits, overseas transfers
Emerali
Possession doesn’t extend to some minuet or usless residue.
Usable quantity.
Strawbridge
Knowledge will be presumed if there is no evidence to the contrary.
The accused needs to prove they acted innocently and had no knowledge, to be aquitted.
What evidence to look for in a search warrant involving controlled deliveries.
Search for evidence relating to the importation
Track and trace recipes
Correspondence.
Computers, faxes and cell phones.
Emails.
Money and financial records.
Passports.
Travel documents
PO box documentation.
What are two methods of delivery of drugs to ESR
Delivery in person to the analyst who is to issue a certificate or a person who is authorized to receive it.
Registered post or registered courier with a signature in a sealed package to an employee who has been authorized by the analyst in charge at the laboratory.
(Offer)
During
Ready on request to supply drug
R v Cox
Possession 6(1)(f)
2 elements
Physical. Custody, control over property.
Mental. Knowledge, intent to obtain property.
Supply
Maginnis
More than transfer of physical control.
Any person
Gender neutral, proven by JN or CE
Import
Arrival of good into NZ in any manner, whether lawful or unlawful from a point outside NZ.
Supply
Supply - to provide something that is needed or desired.
Distribute - supply to multiple
Give - hand over to enable use.
Sell - exchange for valuable consideration.
Class A or class B Contolled drug.
Specified in schedule 1/2 of the MODA 1975.
New zealand
NZ is an island country in the southwestern Pacific Ocean.
3 things must be proven for supplying equipment.
Had the equipment in their possession.
Those items are capable of being used to produce or manufacture any controlled drug.
The defendant had the intention to use equipment for such an offense himself or for another person.
When is Importation complete
When the drugs cross NZ border.
Option 1 and 2 for controlled deliveries
1, Clean controlled delivery. No drugs are left in consignment, which eliminates risks of losing drugs.
Can only lay importation and conspiracy charges.
- Leave an amount of drug within consignment to enable the option of charging with possession for supply and using emergency powers.
Category 3 offences
The defendant has a right to elect trial by jury.
Category 2 he doesn’t.
Class of imprisonment for sections 6(1)(a)(b)(c)(e)(f)
Class A, life.
Class B, 14 years
Class C, 7 years
Produce, manufacture
Rua
Produce or manufacture means a process which changes the original substance into a particular controlled drug.
The offense is complete weather or not the drug is in a usable form.
Section 6(1)(e)
MODA1975
Sell or offer to sell
Class C controlled drug
To any person of or over 18 years
Section 6(1)(f)
MODA1975
Have in their possession
Any controlled drug
For any purpose set out in paragraphs c/d/e of section 6(1) MODA 1975
Does a CHIS have to be named in a warrant.
No, it’s not good practice to name the CHIS.
Disclosure of the identity of alleged informants was not required under the act.
The trial judge was correct in deleting from the application certain parts, which would have been likely to lead to the identity of informants.
Section 16 Obstruction
Willfully obstruction, hinders, resists, or deceives any person.
Acting in the execution of any power pursuant to this act
What is your time limit when charging for section 6 drug dealing
Their is no time limit for laying charges under section 6
Section 28 general rule for laying information
General rule regarding offences against MODA75 or regulations is that you must lay information within 4 years of the time when the matter of the information rose.
Observation post 4 things to consider
Find a suitable location, identifi Friendlies who live in vicinity.
Camera OP requirements verses intercept requirements.
Weather SDW required.
The staff having a copy of the OP.
4 things that must be done in the first 24 hours for cellphones
Trapping or pre loading phone data.
TSP liaison
Draft production order
No SW is required for emergency situations
Forest and forest
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age.
Means rea of importing
The crown must prove?
The crown must prove not only the defendants conduct in some way contributed to the importation but also prove the defendants guilty knowledge.
K knew about the importation
K knew the imported substance was a controlled drug
I intended to cause the importation.
Offer to supply or administer
The prosecution must prove two elements
The communication of an offer to supply or administer a controlled drug.
An intention that the other person believes the offer to be genuine.
Proving possession
Crown must prove the defendant had 3 things
Crown must prove the defendant had,
Knowledge that the drugs existed.
Knowledge that it was a controlled drug.
Some degree over it
An intention to posses it.
R v Brown -offer
The making of an offer, with the intention that it should be understood as genuine, is an offense.
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 deceitful, knowing he will not supply that drug
Section 16 Bail Act
A defendant who is charged with or convicted of a drug dealing offence may be granted bail:
In any case, by a high court judge
If the Defendant does not have any previous convictions for a drug dealing offense, by order of a district court judge.
Section 12 - Allowing premises or vehicles to be used.
Knowingly permit and premise or vehicle, vessel, aircraft, hovercraft.
For the purpose ofthe commission of an offence against MODA 1975
Controlled deliveries generally occur in one of the following five ways
International mail centre
International Airport
Imported air or sea freight
Transhipped air or sea freight
Arriving Comercial vessel.
Initial action phase - 10 things to do when preparing for a controlled delivery.
Assume ownership and leadership of investigation and assign roles.
Liaise with customs O/C exhibits.
Consider contacting an electronic interception as part of the controlled delivery.
Request customs to manipulate the track and trace system.
Contact surveillance squad, photography, CMC, and TSU as early as possible.
Find a suitable OP address.
Repacking controlled delivery packages.
Search warrants
Method of delivery and contingency plans for different delivery scenarios.
Produce
To bring something into being or bring something into existence from it’s raw materials or elements
Manufacturing
Manufacturing is the process of synthesis, combining components, or processing raw materials to create a new substance.
Section 12 MODA amendment Act 1978
Allows delivery of unlawfully imported drugs or precursors for the purpose of detection.
Section 81 S&S Act 2012
Searches of persons, places, and vehicles relating to deliveries under section 12 do the following without warrant.
Search a person involved in a delivery under section 12
Enter and search any place, craft, or vehicle.
Seize anything that they have RGTB is a controlled drug, precursor, package in relation to drugs or percolator, evidential material in relation to commission of an offence under section 6 or 12 MODA 1975
What is private communication
A participant in an activity ought to reasonably be expected to be intercepted and recorded by nobody except the participants without having consent or authority by any party to do so.
Rua
Produce or manufacture means a process which changes the original substance into a particular controlled drug.
The offence is completed wheather or not it is in a usable form
