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CIB Modules > Drugs > Flashcards

Drugs Flashcards

1
Q

Who can bail a person charged with Meth for supply?

A

High Court Judge only

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2
Q

Time limit for laying charges for Sec 6 Dealing offences?

A

NO time limit

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3
Q

Definition of supply?

A

Distribution, sell and gives

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4
Q

Who proves if a drug is useable?

A

­Section 29A ­ - not prosecution unless defendant puts the

matter in issue

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5
Q

Difference between Produce and Manufacture?

A

Produce = changing the nature of the original substance.

Manufacture = creating a different substance from the original materials (give the definitions) – prosecution must specify which

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

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

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6
Q

2 x Methods of delivery for drugs to ESR

A
  1. In person to analyst or person authorised by analyst to receive
  2. Registered post or courier post, sig required, in seal package to employee authorised by analyst in charge of the lab
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7
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 her part will be presumed, but 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.

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8
Q

R v DURING

Offering to supply or administer

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 statute.

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9
Q

R v BROWN

Offering to supply or administer

A

Offering to supply

  • offers to supply a drug that he has on hand
  • offers to supply a drug that will be procured at some future date
  • offers to supply a drug that he mistakenly believes he can supply
  • offers to supply a drug deceitfully, knowing he will not supply that drug

­

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10
Q

What 3 things to prove for Guilty Knowledge?

A

Prove that the defendants conduct contributed to the importation of the drug and in doing so must prove guilty knowledge:

Knew about the importation AND
Knew the imported substance was a controlled drug AND
Intended to cause the importation

Knew about the produce/manufacture AND
Knew the produce/manufacture substance was a controlled drug AND
Intended to cause the produce/manufacture

Knew about the supply/administering/offer AND
Knew the s/a/o was a controlled drug AND
Intended to cause the s/a/o

Knowledge that the drug exists
Knowledge that it is a controlled drug
Some degree of control over it
An intention to possess it

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11
Q

Ingredients for Supply Class C under 18yrs?
6(1)(d) MODA 75 - 8 years

What must you prove (include ID of the suspect)

A 
Supplies or
Administers or
Offers to supply or
Administer or
Otherwise deals in

Class C controlled drug

To any person under the age of 18 years

What must you prove (include ID of the suspect)

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12
Q

5 or 6 Clan lab signs from the outside?

W
C

R
E
B
S

(part of FORESAW CBS)

A

W - Windows blacked out or curtains always drawn
C – Chemical - Odours coming from building, rubbish, or detached buildings. Odours can be sweet,
bitter ammonia or solvent smells

R - Rubbish containing a large amount of cold medication containers or packaging
E - Exhaust fans running at odd times
B – Bottles - Also bottles, plastic containers and boxes with labels removed
S – Security - Expensive security and surveillance gear

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13
Q

Discuss Option 1 and 2 for controlled deliveries?

A
  1. Clean delivery – no drugs, eliminate losing drugs- less intensive surveillance required (in case counter surveillance) – only importation or conspiracy charges likely – possession for supply unlikely (as don’t possess)
  2. Leave some drugs, substitute the rest – possession for supply charge possible – emergency powers available (if drugs move to places not covered by warrant) – requires greater security, surveillance – need to be recovered on termination
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14
Q

Ingredients for Sec 12A MODA 75

A

(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 an offence against those provisions.

(2) Every person commits an offence against the Act who is 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 commits an offence against this section is liable on conviction-
(a) in the case of an offence against s/sec (1) to imprisonment for a term not exceeding 7 years:
(b) but in the case of an offence against s/sec (2), to imprisonment for a term not exceeding 5 years.

(4) Repealed

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15
Q

Differences between 13A MODA 75 and Sec 23 S &S Act 2012 - Internal Searches

23 S&S - Internal search of person under arrest (for dealing with people 13A MODA)

13A MODA - Person believed to be concealing drugs - not under arrest

A

s13A - RCTB concealed drugs - not arrested
Class A or B
Only search for Class A or B
Request by Police member or Customs Officer
Detention Warrant from DC Judge and approved medical practitioner used (Commissioner or Chief Exec Customs)

s23 - must be under arrest for offence 6, 7, 11 MODA 75 and RGTB secreted within body
Any Class arrestable under 6, 7, 11
Search for A, B, C and any property that may be evidence of offence 6, 7, 11
Request by Constable
Require suspect to permit med prac to do internal exam
Med Prac nominated by the constable

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16
Q

4 points for unplanned entry to a clan lab (Initial action)

A
  • Immediately remove persons of interest
  • Isolate the site and maintain a safety perimeter
  • Notify:

duty inspector or duty NCO
NCLRT
Fire and ambo where appropriate

  • Seek advice from NCLRT or Fire re: decontamination procedures
  • Occupants and staff who have entered address to remain separated until decontamination issues have been addressed
  • Seek medical advise if you experience any adverse effects.
  • Don’t touch, taste smell
  • Aim to rapidly turn unplanned entry into planned response
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17
Q

Controlled Drug Meaning

A

Controlled Drug means - Any substance, preparation, mixture, or article specified or described in Schedule 1, Schedule 2, or Schedule 3 to this Act; and includes any controlled drug analogue. Sec 2 MODA 75

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18
Q

R V Rua

A

The words “produce” or “manufacture” in (6)(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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19
Q

Does a CHIS have to be named in a warrant?

A

Sec 64 Evidence Act 2006 protects CHIS identity

Do not have to name CHIS in application (use code number

R v McGinty
Disclosure of ID of informants not required under Act
and
Trial judge correct in deleting from the application certain parts likely to lead to ID
and
Trial judge entitled to order disclosure

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20
Q

Is it possible to be charged with “Attempted Possession/Supply”

A

Yes – R v Jay mistaken belief it was cannabis – legally possible though factual impossible.

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21
Q

What is a controlled delivery?

A

A CD occurs when a consignment of illicit drugs is detected (often concealed), in circumstances making it possible for delivery to under control and surveillance of NZ Police and Customs, with a view to ID and secure evidence against those importing/exporting.
This could include couriers caught body packing or travelling with drugs concealed in luggage.

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22
Q

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

A

Criminal liability arises as soon as the drugs cross NZ border (can be convicted 6(1)(a) even if drugs intercepted by customs). However, process of importation continues while the goods are in transit until they reach final destination and available to the consignee.

The element of importing exists from the time the goods enter NZ until they reach their immediate destination….ie when they have ceased to be under control of appropriate authorities and have become available to the consignee or addressee.

R v Hancox

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23
Q

4 things to be done in the first 24 hours (O/C phones)

A

‘Trapping’ or ‘pre loading’ data
TSP Liaison
Draft a search warrant application early
Execute section 6 search warrants daily

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24
Q

What must be proved for importation (Guilty Knowledge)(Mens Rea)

A

The crown must prove conduct contributed to actual importation of the drug AND the defendants guilty knowledge.

This will involve proof that the defendant:

Knew about the importation AND
Knew the imported substance was a controlled drug AND
Intended to cause the importation

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25
Q

How do you prove age for a victim

A

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

In practice this generally involves producing the victim’s birth certificate in conjunction with independent evidence that identifies the victim as the person named in the certificate.

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26
Q

Criteria for issuing a surveillance device warrant - Section 51 S&S Act 2012

A

RGTS

that offence has been is being or will be committed in respect of which this Act
or
any enactment 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

TO BELIEVE that the proposed use of the surveillance device will obtain information that is evidential material in respect of the offence

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27
Q

Explain section 16 of bail act in relation to someone being charged as well as someone having previous section 6 convictions - Drug Dealing

A

S 16 Bail Act 2000. 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.”

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28
Q

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

A

Previous occupants

  • Real/fake name
  • Connection to delivery address
  • Relevant convictions/notings/associations
  • Travel/connection to country of origin
  • Bank Acc – large deposit/overseas transfer
  • Full ID of target
  • Photos
  • Intel held – NIA – MO section
  • Travel history – passports
  • Intel – other agencies
  • Financial profile
  • Family/associates/vehicles/frequented
  • Lifestyle
  • Risk – firearms
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29
Q

Class C definition

A

Class C controlled drug means the controlled drugs specified or described in Schedule 3 to this Act; and includes any controlled drug analogue. S2 MODA 75

30
Q

When is offence of manufacturing complete

A

substance created, doesn’t need to be useable

31
Q

Surveillance device for interception or trespass

A

serious offence… 7 years or more…

32
Q

Drug dealing offences

A

Charging documents can be laid at any time

33
Q

Who can call a landslide in clan lab

A

Any member of initial entry team

34
Q

4 things to consider with an Observation Post for controlled delivery

A

The first step in setting up an OP for a controlled delivery is to find a suitable location - ideally ID any staff, friendlies who live in the vicinity of target address (friends/family). If none, consider a potential address based on location/proximity to target:
Consider:
*camera OP requirements versus intercept requirements (Forward Base)
*whether surveillance device warrant required under S&S 2012
*the staff having to occupy the OP

35
Q

Ingredients of obstructs - Section 16 MODA 75

A

Obstruction s 16

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 (3 months/$500 fine)

*The offence of obstruction in MODA relates specifically to obstructing anyone who is executing powers pursuant to MODA 75.

36
Q

Useable Quantity

R v EMARALI

A

In any drug dealing offence the quantity of drug involved must be measureable and useable.

The serious of the offence…possessing a narcotic does not extend to some minute or useless residue of the substance.

37
Q

Presumption for supply LSD, Cannabis, Meth, Cocaine

A

LSD 2.5 milligrams or 25 flakes, tablets

Cannabis plant 28 grams or 100 or more cigarettes

Cannabis resin/oil 5 grams

Meth 5 grams

Cocaine 0.5 grams

38
Q

Ingredients of allowing premises ­- Sec 12 MODA 75

A

12 (1)

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.

12(2)

(a) 10 years Class A
(b) 7 years Class B (if (a) does not apply)
(c) or 3 years in any other case

39
Q

4 ways a controlled delivery could come about:

Within freight consignments
Unaccompanied baggage
Unaccompanied motor vehicles
International postal items

A

4 ways a controlled delivery could occur

International mail centre – inside mail article

International airport – courier – internal – body packing – concealed in luggage

Imported air freight – within freight consignment – either commercial or private

Imported sea freight – as above

Transhipped air or sea freight – transited thru NZ

Arriving Commercial vessel on board or attached to vessel unloading or picking up cargo from NZ before continuing to another country

40
Q

90 second rule

A

This rule assumes that if the offenders are present and moving inside the Clan Lab then the atmosphere will sustain life. It assumes that the IET(Initial entry team) wearing the minimum level of PPE (personal protection equipment) may safely enter and extract suspects for a period up to 90 seconds

41
Q

Things that must be proven for supplying equipment ­ section 12A(1) moda75

A

­The Defendant has supplied, produced or manufactured equipment, material or precursors

­Those items are capable of being used in the production
or
­The defendant knows those items are to be used for such an offence by another person

42
Q 
Regulation 11(1) Health Regulations Act - relating to:
Offering, accepting, disposing of syringes
A

­(a) Offer to any other person, for use by that other person, a used needle or used syringe; or

(b) ­Accept for use a used needle or used syringe; or
(c) ­Dispose of a needle or syringe in a public place

43
Q

When is surveillance device warrant is required ­ section 46 S&S Act 2012

A

Surveillance Device Warrant is required:

  • Use of an interception device to intercept private communications
  • Use of a tracking device – except if solely to see if package opened/tampered with/dealt with AND installation does not involve trespass
  • Observation of private activity in private premises and recording of that observation by means of a visual surveillance device
  • Use of a surveillance device that involves trespass on to land or goods
  • Recording private activity on cartilage in excess of 3 hour in 24 or 8 in total
44
Q

Internal concealment s13A MODA 75

A
  • Is NOT under arrest
  • Reasonable cause to BELEIF is concealing Class A or B
  • Any member of Police or Customs may request
  • Request a detention warrant from District Court Judge
  • Medical Practitioner must be approved by Commissioner of Police or CEO Customs
  • Detention permitted up to 7 days, extended by 7 day periods up to 21 days
45
Q

Who leads the controlled drug delivery operation

A

Customs

46
Q

How many days can a surveillance warrant be in force

A

60 days

47
Q

Difference between obstruction in summary offences act and moda75

A

obstruct anyone in the execution of power under moda75

48
Q

Delivery of exhibit to ESR

A

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

49
Q

What are the general time limits for laying charges regarding drug offences ­ section 28

A

28(a) - file charging documents at any time for offences

(6) - Dealing
(9) - Cultivating
(10) - Aiding offences against law in other countries

28(b) - 4 years after date of offence for any other offence against act

50
Q

Definition of dealing offence

A
  • Offence against Section 6 of MODA 75
51
Q

Definition of Class B controlled drug

A

Class B controlled drug means the controlled drugs specified or described in Schedule 2 to this Act. S2 MODA 75

52
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 moda 75?

A

no – was 13A allows police to detain but not to search internally

53
Q

What must you prove to rebut section 6(6) presumption for supply

A

Rebuttal to 6(6) – presumption of supply – can prove not intending to commit a dealing offence, notwithstanding the amount eg: argue they are heavily addicted and require large amounts for personal use.

54
Q

Offering to supply or administer ­ the prosecution must prove two elements - (actus reus and mens rea)

A

The Crown must prove two elements
The communication of the offer to supply or administer a controlled drug (actus reus)
An intention that the other person believed the offer to be genuine (the mens rea)

55
Q

Admissibility of analyst cert

A
  • Chain of evidence must be unbroken
  • Material to be analysed is not tampered with or contaminated
  • Defence is aware of analysis and results and is given reasonable time to prepare a defence
56
Q

Sect 17A(4)(a) in this section, serious class A drug offence means

A

(a) offence against 6 (1)(a)(b)(c) or (f)or 12C(1)(a)

b) attempt to commit offence in para (a

57
Q

R v Waaka

R v Mohan

A

R v Waaka
A fleeting or passing thought is not sufficient, there must be a firm intent or a firm purpose to effect an act

R v Mohan
A decision to bring about, in so far as it lies within the accused power, the commission of the offence

58
Q

Sect 12A(1) - Crown must prove

12A(2) - Crown must prove

A

Sect 12A(1) - Need to know both

Supplies equipment, materials or precursors. Crown must prove:

  1. Defendant has supplied, produced or manufactured equipment, material or precursors
  2. That those item are capable of being used in the production or manufacture of CD’s, or the cultivation of prohibited plants
  3. That the defendant knows those items are to be used for such an offence by another person

12A(2) (pg 47)

Possession of equipment, materials or precursors – crown must prove

  1. Defendant has equip, materials or precursors in his possession
  2. That those items are capable of being used in the production or manufacture of CDs or the
    cultivation of prohibited plants
  3. The defendant has the intention that those items are to be used for such an offence, either by himself or another person

Equipment: not defined by statute – will include the implements, apparatus and other hardware used in the manufacturing, producing or cultivation process

Eg: glassware, lights, timers, water pumps, condensers etc

59
Q

Possession of a needle - offence?

A

Possession of a needle it not offence per say but is possession if contains useable and measurable quantity

60
Q

Drug Dealing:

A

(a) any offence against s 6 or s 12C(1)(a) of MODA 1975 in relation to a CD; or
(b) An attempt to commit an offence referred to in (a)

61
Q

List Clan lab safety considerations - TWISTER

‘To do touch, to not re enter, do not smell, get out, do not use radio or cell phone inside

A

Safety Considerations

TWISTER

T – Touch/taste - Never touch, taste or smell any chemicals or equipment

W – Water - Do not shut off water supply to house or chemical reaction

I – Immediately leave the area, your safety is paramount

S – Smoke - Do not smoke in or near a clan lab

T – Torches - Do not use torches, radios, cell phones or devices that produce sparks or friction

E – Electrical - Do not attempt to stop the chemical reaction, or turn any electrical devices such as lights or fans on or off. Turning on electrical switch may cause an explosion.

R – Re-enter - Do not re-enter premises

62
Q

Signs of a clan lab (Include interior and exterior)

FORESAW CBS
BELCH Coffee

A

Exterior
FORESAW CBS

F - Frequent visitors at odd hours
O - Occupants unfriendly, appear secretive about their activities, exhibit paranoid or odd behaviour
R - Rubbish containing a large amount of cold medication containers or packaging l
E - Exhaust fans running at odd times
S – Smoke - People coming outside only to smoke
A - Access denied to landlords, neighbours, other visitors
W - Windows blacked out or curtains always drawn

C – Chemical - Odours coming from building, rubbish, or detached buildings. Odours can be sweet, bitter ammonia or solvent smells
B – Bottles - Also bottles, plastic containers and boxes with labels removed
S – Security - Expensive security and surveillance gear

6 Interior Signs of a Clan Lab

Inside
BELCH Coffee

B – Baking dishes or similar containing white crystalline substance
E – Equipment - Laboratory Glassware, equipment and documents
L – Layered – containers with two layered liquids in them, one dark coloured and one clear or pale yellow layer
C – Chalky/Clear - Containers with clear liquids in them with a chalky coloured solid on the bottom or similar
H – Hot plate present near chemicals

Coffee – used coffee filters containing white pasty or reddish brown substance

63
Q

What evidence to look for in a search warrant involving controlled deliveries

ST
ST
CCC
PPP
ME
A

ST ST CCC PPP ME

Search for evidence relating to importing:
Track and Trace receipts

Scales and packaging etc in relation to supply charges
Travel documents

Correspondence
Computers, faxes, cell phones
Contact lists/numbers

Packaging from previous importations
PO Box documentation
Passports

Money and Financial records
Emails

64
Q

Things to cover in initial interview with CYP at clan lab

A

Prelim Interview with CYP to include:

SHOPS at Dr Knowledge

S - School or preschool details
H – Basic Health  questions such as headaches, nausea, breathing difficulty, dizziness, fatigue etc
O - Occupants details
P - Playing and eating areas
S - Sleeping arrangements

D - CYPs doctor

K - knowledge of drugs, manufacturing, dealing activities

65
Q

When is the analysts certificate admissible?

­­Three steps for using certificate of analysis instead of calling ESR analyst to give evidence.

A

Only admissible if:

  • the defendant served and provided with analysis cert at least 7 days before hearing
  • the defendant doesn’t give written notice that analyst to be called at least 3 days before hearing
  • the court does not request the oral evidence of analyst
66
Q

Class A

A 
Cocaine
Heroin
Lysegide (LSD)
Methamphetamine
Psilocybine (magic mushrooms)
67
Q

Class B

A 
Amphetamine
Cannabis preparations - oil/hash
GHB (Fantasy)
MDMA (Ecstasy)
Morphine
Opium
Pseudoephedrine
68
Q

Class C

A

Cannabis plant
Cannabis seed
Benzylpiperazine (BZP)
Controlled Drug analogues

69
Q

Section 3A

Classification of Drugs

A

Section 3A

(a) Class A - drugs that pose very high risk of harm to individuals or society by its misuse are classified as Class A

(b) Class B – drugs that pose high risk of harm to individuals or society by its misuse are classified as
Class B

(c) Class C – drugs that pose a moderate risk of harm to individuals or society by its misuse are classified
as Class C

70
Q

Admissibility of analyst’s cert:

A
  • Chain of evidence must be unbroken
  • Material to be analysed is not tampered with or contaminated
  • Defence is aware of analysis and results and is given reasonable time to prepare a defence
71
Q

Presumption

A

Sec 6(6) MODA 75

For the purposes of (1)(f), a person is presumed until the contrary is provided to be in possession of a controlled drug for any of the purposes in (1) (c), (d), or (e) if s/he is in possession of the controlled drug, in an amount, level, or quantity at or over which the controlled drug is presumed to be for supply.

72
Q

Definition Equipment

A

Equipment is not defined by statute, but will include implements, apparatus and other hardware used in the manufacturing, producing or cultivating process.

Glassware, condensers, heating mantles - meth
Pots, lights, timers, water pumps - cultivation

CIB Modules (6 decks)

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