DRUGS Flashcards

Question

Explain S.6(5)

Answer 1

• s.6(5)MODA75 o Creates a presumption that in the absence of evidence to the contrary a drug supplied to a person of or over 18 has been sold to that person. • The effect of this provision is to require the defendant to prove on the balance of probabilities that there was no sale. • It is only a drug dealing offence under s.6, if the CD is sold or offered for sale, simple supply, administering or offering to administer or supply a CD will incur liability under s.7.

Answer 2

• Being lawfully in a private premise and recording what he of she hears (providing it is only recorded what they could see or hear without a SD) • Covert audio recording of a voluntary oral communication between two or more people with the consent of at least one of them. • Activities carried out authorized by any other enactment.

Answer 3

A verbatim copy of the recorded version of the conversation

Answer 4

• Previous occupiers • Ascertain if name is real or fake • Connections to the delivery address • Relevant convictions/noting’s/associations • Travel or connections to country of origin • Bank accounts and any large deposits or overseas transactions • Full identification of targets • Photographs; casual, formal and surveillance • Police intelligence holdings; NIA, previous investigations, MO section, IMP, arresting officers. • Suspects knowledge surround covert techniques • Suspects skill and knowledge surround technology; phones faxes, computers etc. • Suspects travel history including passports held. • Intelligence held by other agencies • Financial profile • General lifestyle; sports and hobbies • Business associations. • Tracking device • Risk assessment

Answer 5

where there is a prime facie case that: the info was given for a dishonest purpose or to enable or aid a person to commit or plan to commit an offence or if it is necessary for the defendant to present an effective defence.

Answer 6

At more then 5 times the presumptive threshholds

Answer 7

Controlled Drug s.2 MODA75 Means any substance preparation mixture or article specified or described in Schedule, 1, 2 or 3 of this Act and includes any controlled drug analogue. Class A schedule 1 etc

Answer 8

• Power to undertake a controlled delivery is vested in Customs only. A controlled delivery occurs when a consignment of illicit drugs is detected often concealed in some other goods in circumstances making it possible for delivery of those goods to be made under the control and surveillance OF NZ CUSTOMS or Police with the view to identifying and securing evidence against those involved in the importation or exportation.

Answer 9

If the defendant is able to prove on the balance of probabilities that they did not intend to commit a dealing offence for example the defence proving the suspect was heavily addicted and required large amounts for their personal use.

Answer 10

• R v BROWN held that the defendant is guilty in the following situations o Offers to supply a drug he has on hand. o Offers to supply a drug that will be procured in the future o Offers to supply a drug he mistakenly believes he can supply o Offers to supply a drug deceitfully knowing he will not supply the drug. • Such an offer may be conveyed in any manner including by words, writing or actions. • It is not necessary to prove the defendant had the capacity to supply the drugs.

Answer 11

• S135 • Emergency means; o Actual or imminent danger to human health or safety OR o 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.

Answer 12

Evidential Material to be sought for evidence of Importing; • Track and trace receipts • Correspondence • Computers, faxes and cell phones • Emails • Contact lists and numbers • Packaging from previous importations • Money and financial records • Scales and packaging in relation to supply of drugs • PO Box documentation • Travel documents and passports

Answer 13

• Administering involves introducing a drug directly into the system of another, common examples being; injecting another with heroin, heating resin between two knives, causing a person to consume a date rape drug.

Answer 14

\*An offer to supply a controlled drugs occurred \*and an an intention that the other person believe the offer to be genuine. o If an offeree offers tablets as a drug which in fact are not they are still liable as it is the drug that is being offered not the tablets. The representation that it is a drug is the whole point of the offer. o

Answer 15

* Occupants * Owner and rate payer details * Council plans of address and street * Rubbish delivery date and time * Housing new Zealand * Telco service providers * Electricity/gas providers * Timing of mail to address * Suspects maybe surveiling or monitoring address. * Previous occupants and neighbors * Landlord or owner of property • Police staff who have previously visited address • CHIS for historic info or tasking’s • Fixed or mobile surveillance • Photography and video of address • Customs and Police powers for expediently obtain information • Mail stop or flag to capture further deliveries. • Suspects maybe surveiling or monitoring address.

Answer 16

MUST PROVE GUILTY KNOWLEDGE This will involve proof that the defendant: \* Knew about the supply/offering/Administering/Possession AND \* Knew the substance was a Controlled Drug AND \* Intended to cause the supply/administer/possession AND Police V EMERALI In any drug offence the quantitity of the drug involved must be useable and measurable. The serious offence of possession of a narcotic does not extend to some minute useless residue of a substance Police V STRAWBRIDGE It is not necessary for the prosecution to establish knowledge on the part of the accused, in the absence of evidence to the contrary knowledge on her her part will be presumed, but if there is some evidence that the accused honestly believed on reasonable grounds her act was innocent then she is entitled to be acquitted unless the jury find beyond reasonable doubt that it was not so.

Answer 17

• Chemical odours coming from the building, rubbish or detached buildings, odours can be bitter, sweet, ammonia or solvents. • Exhaust fans running at odd times. • Frequent visitors at odd hours. • Windows blackened out or curtains always drawn • People coming outside only to smoke • Occupants unfriendly, appear secretive about activities, exhibit paranoid or odd behavior • Expensive security and surveillance gear • Access denied to landlords, neighbours and visitors. • Rubbish containing a large amount of cold medicine packaging • Bottles, plastic containers and boxes with labels removed.

Answer 18

means the controlled drugs specified or described in Schedule 3 of this act and includes any controlled drug analogue

Answer 19

• Liability arises as soon as the drugs cross NZ borders • The offence continues until the point that the drugs have reached their final destination and are available to the consignee. • Anyone who knowingly assists in facilitating the process up to that point may be liable as a party to 6(1)(a). • R v HANCOX held that delivery to a post office box was the final step in the import process. Any movement from then onwards would be possession for supply.

Answer 20

• The term equipment is not defined by statute but will include the implements, apparatus and other hardware used in the manufacturing, producing or cultivation process. o Eg; glassware, condensers, heating mantles used in meth manufacture OR o pots, lights, timers and water pumps used I cannabis cultivation. • Material is also not defined but will include anything used in the process of producing, manufacturing or cultivating that cannot be properly described as equipment. o EG; chemicals (not precursors) documents providing instructions on the manufacture or cultivation process, fertilizers for cultivation.

Answer 21

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.

Answer 22

s.16 Obstruction Every person commits an offence who willfully obstructs, hinders, resists or deceives any other person in the execution of any powers conferred on that person by or pursuant to this act. * Police v URLICH; the ordinary meaning of obstruct is to impede or to make more difficult. * A firm refusal to be searched uttered in a way that can be believed would result in a constable pausing before commencing a search, this would amount to obstruction. o The difference between MODA and Summary offences Obstruction is that MODA specifically relates to anyone who is executing powers under the MODA75

Answer 23

S.81 SSA12 emergency powers to enter search and seize specificially relating to a controlled delivery

Answer 24

International Mail Centre Inside a mail article International Airport Arriving courier using either body packing, internal concealment, or concealed within luggage. Imported Air freight Within a freight consignment which can be either commercial or private. Imported Sea freight As with air freight but arriving by sea. Transshipped air or sea freight Transiting through NZ with a final destination in another country. Arriving Commercial Vessel Hidden on board or attached to a vessel either unloading or picking up cargo from NZ before continuing onto another country.

Answer 25

Every person commits an offence who has in their possession ( a) any equipment or material capable of being used for commission of an offence against s.6(1)(b) or s. 9 OR (b) Any precursor substance With the intention that the equipment, material or substance be used for such a purpose. Prosecution must prove 3 elements; * Has equipment, material or precursors in their possession * Those items are capable of being used in the production or manufacture of CD or cultivation of prohibited plant. * The intention that those items are to be used for such an offence either by themselves or another person at some point in the future.

Answer 26

An offence against s6 MODA75 involving a class A or B drug

Answer 27

What is the only exception to the requirement to obtaining an SDW for the use of a ID? When intercepting voluntary communications between two or more people with the consent of at least one of them. What is a voluntary oral communication? A communication between two or more parties where at least one party provides consent for the communication to be recorded. Consensual Interceptions: • R v STACK o Where one or more of the parties of the communication knows an interception is taking place a SDW is not required.

Answer 28

Immediately remove suspect from lab. Isolate site and maintain a perimeter. Preserve the crime scene. Seek medical advice if you feel any adverse effects. Notify Duty NCO, Inspector and Clan Lab responce tea and fire an ambulance if appropriate. Seek advice from clan lab team and fire about decontamination procedures Separate persons having entered lab until safely decontaminated.

Answer 29

A judge is not required to refuse a warrant because the Police had not exhausted every conceivable alternative technique of investigation.

Answer 30

STATUTE of LIMITATAIONS No limit for: dealing (s.6) Cultivating (s.9) Aiding offences against law in corresponding country (s.10) 4 years after date which offence was committed Any other offence against MODA75

Answer 31

To be guilty of an offence they must have guilty knowledge. It is not necessary for the crown to prove guilty knowledge on the part of the accused, In the absence of evidence to the contrary guilty knowledge on her part will be presumed, But if there is some evidence that the accused believe her act was innocent then she is entitled to be acquitted unless the jury is satisfied beyond reasonable doubt that this was not so.

Answer 32

s.(6)(6) For the purposes of subsection (1)(f) a person is presumed to be in possession of a controlled drug for any of the purposes in subsection (1) (c)(d) or (e) if he or she is in possession of the controlled controlled drug in an amount level or quantity which the controlled drug is presumed to be for supply (s 2(1A)

Answer 33

S.6(1)(b) Manufacture or produce methampetamine or s.2A conspiracy to maufacture or produce methamphetmine. S.10 aiding offence against corrosponding law in another county corrosponding to s. 6, 9, 12A (supply equipment or precursors) or 12AB 12C commission of offences outside NZ

Answer 34

The assumption that if offenders are inside and moving about a clan lab then the atmosphere can sustain life. It assumes that a member of the IET (initial entry team wearing requisite PPE can safely enter and extract suspects within 90 seconds Landslide can be called by any member of the initial entry team

Answer 35

• The best opportunity to undertake a Controlled delivery occurs when customs detect drugs concealed in a consignment of goods that are moving unaccompanied in freight consignments, unaccompanied baggage, and unaccompanied motor vehicles and postal items.

Answer 36

• R v RUA o “The words manufacture and produce broadly cover the creation of controlled drugs by some form of process which changes the original substances into a particular controlled drug.” o The prosecution must specify on the charging document either produce or manufacture. o Producing can be described as changing the nature of the original substance, and manufacturing as creating a different substance from the original materials. • PRODUCE s2 MODA75 "To produce means to bring something into being or to bring something into existence from its raw materials or elements." o Separating out of component parts such as in separating cannabis resin from the plant may amount to production as it creates a new form of the drug. • Manufacturing is the process of synthesis combining components or processing raw materials to create a new substance. o Common examples of manufacture; meth from pseudo, heroine from morphine.

Answer 37

S.49 • Name of the applicant • Provisions authorizing the warrant in respect of the suspected offence • Application grounds • The suspected offence • Type of surveillance device to be used • The name, address or other description of the person, place, vehicle, or other thing that is the object of the proposed surveillance • Description of the evidential material believed to be able to be obtained by use of the device. • The period for which the warrant is sought, Warrants can be granted for a period up to 60 days.

Answer 38

Any offence against s.6 of MODA involving Class A or B controlled drugs For the purposes of the bail act this includes an attempt to commit such an offence

Answer 39

1) removal of CYP from Immediate scene 2) assign an officer to the CYP and make themselves known to the social worker on their arrival 3) Explain to the CYP what is occurring in an age appropriate manner 4) arrange for assessment of the CYP by ambulance staff for injury, illness and respiratory distress 5) Request CYF attendance at scene 6) Distribute PPE to CYF staff and a decontamination kit for each CYP

Answer 40

* INTENT: in a criminal law context there are two specific types of intention, firstly there must be an intention to commit the act and secondly an intention to get a specific result. * An intent to commit the act means an act or omission done deliberately, something done involuntarily or accidentally is not sufficient. * An intent to produce a specific result means an aim, goal or purpose. * Circumstantial evidence from which intent can be inferred include; o Offenders words and actions, before, during and after the event. o The surrounding circumstances. o The nature of the act itself.

Answer 41

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 observe or to observe and record a private activity, But does not include spectacles, contact lenses or a similar device used to correct subnormal vision of the user to no better than normal vision.

Answer 42

Profile the package and sender details considering: • Linked phone numbers on package/accompanying documents • IMEI/SIM data identified • Telco service providers • Forensic evidence; DNA, fingerprinting, handwriting, impressions, mechanical fit. • Multiple packages including dummy runs to target or associated addresses.

Answer 43

Admissions made by the defendant volumes of precursor materials evidence of chemical purchases intercepted communications significant cash holdings and/or movements evidence of co-offenders accepted at trial (ie taken after plea and sentence) informants of crown witnesses. Amount and sophistication of equipment found in defendants possession.

Answer 44

• Two elements to be proven: o (R v Cox) Physical Element and mental element. o Possession involves two elements the first the physical elements is actual or potential physical custody or control, the second, the metal element is a combination of knowledge and intention, knowledge in the sense of an awareness by the accused that the substance is in their possession and an intention to exercise possession. • Actual Possession: means the person actually has the drug in their custody or control. • Potential Possession: o S.2(2) “for the purpose of this act the things which a person has in their possession includes anything subject to his control but in the custody of another” • Ie storing drugs at a friends house or using an agent. • Where more than one person has access to a salable quantity of drugs they maybe jointly charged with possession but is must be proved that there was a shared intention to sell the drugs. • It is sufficient that the defendant possessed the drugs with the intention of sale in the future and would have a share of the proceeds. • It is not necessary that the defendant make the sale personally. • It is an offence to attempt to obtain possession of a controlled drug. This covers the instance where R v JAY purchases grass clippings believing them to be cannabis. • In all drug possession cases it is necessary for the prosecution to prove; o Knowledge the drug existed o Knowledge it was a CD o Some degree of control over it o An intention to posses it

Answer 45

GPS and Beacon s.46 • Use of a tracking device except where a tracking device is installed solely for the purpose of ascertaining whether a thing has been opened or tampered with or otherwise dealt with and the installation of the tracking device does not require trespass to land or goods. • Use of a surveillance device that involves trespass to land or goods, (definition of a SD includes Tracking device) If a tracking device is installed without a warrant it either needs to be removed or a SDW obtained within 72 hours.

Answer 46

* Defendant must be given copy of analyst certificate and notice the analyst wont be called at least 7 clear days prior to the hearing in which the evidence is to be called. * The defendant must give written notice that they wish the analyst to be called to give evidence at least 3 days prior to hearing. Copy of certificate and written notice analyst not to be called can be served on any member of the defendants family or their solicitor. Must be proved to have been served by oral officers evidence or a constables endorsement that complies with s.29 Summary Proceedings Act.

Answer 47

1) Basic health questions including; headaches, nausea, breathing difficulties, dizziness, fatigue 2) Details of occupants of the address 3) Details of other siblings or CYPS at the address 4) Address sleeping arrangements 5) Address playing and eating areas 6) School and pre-school details 7) Name of the CYPS doctor 8) Knowledge of drugs, dealing and the manufacture process

Answer 48

* Proximity to target address; close enough to be effective, far enough away to be unobtrusive * Unobstructed line of sight to Target address * Access and egress without arousing suspicion (consider equipment and staff that will need to discreetly access address) * Ability to beam signals and/or tap into internet cables for video and audio interception. * Phone lines available in street * Other conditions relating to the vicinity of the OP eg; schools, parking, other neighborhood activities, lighting and animals. Things to consider when approaching occupants of an OP address; * Cover story • Protection of identity • Room available with 24 hour access * Preference of no children • Preference of no visitors to address during OP * Gratuity or thank you at OP conclusion.

Answer 49

s.43 Restriction on possession of medicines Everyone commits an offence who without reasonable excuse imports, procures, receives, stores, uses or otherwise has in their possession any prescription medicines. • The burden of proof lies with the defendant to prove that he or she is lawfully entitled to be in possession of the prescription medicine

Answer 50

Any member of the initial entry team

Answer 51

Notice and certificate served on defendant/family member/counsel at least 7 clears days prior to hearing in which the evidence is to be called Defendant has not replied in writing at lease three days prior to hearing that he requires the analyst to be called the court does not require the oral evidence to be called

Answer 52

59 sets out the reporting requirements of a person who carries out activities authorized by a SDW • Provide a written report to the issuing judge or a judge of the same court if that judge is unable to act, within 1 month after the expiry of the period for which the warrant is in force. • A report is also required to be furnished to a judge in relation to the use of a surveillance device used in emergency situations.

Answer 53

SELL A sale occurs when a quantity or share in a drug is exchanged for some valuable consideration, will commonly be money but anything of value will suffice. DEALING WITH CONTROLLED DRUGS s.6(5) MODA75 For the purposes set out in paragraph e subsection 1 if it is proved that a person has supplied a controlled drug to another person he shall until the contrary is proven de deemed to have sold that controlled drug to that other person. GUILTY KNOWLEDGE Police V EMEALI R v STRAWBRIDGE

Answer 54

When the needle contains a useable amount of a controlled drug.

Answer 55

• Surveillance Squad • Photography section • CMC if undertaking an interception warrant • TSU if using a tracking device

Answer 56

IMPORT in relation to any good means the arrival into NZ in any manner whether lawfully or unlawfully from a point outside NZ. Rv SAXTON Import means to introduce from abroad or to cause to be brought in from another country R v HANCOX The element of importing exists from the time the good enters NZ until it reaches its immediate destination ie when it ceases to be under the control of the relevant authority and is available to the consignee or addresses. PROVE GK STRAWBRIDGE EMERALI

Answer 57

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

Answer 58

MANUFACTURE manufacture is the process of synthesis, combining components or changing raw materials to create a new substance COMPLETE R v RUA STRAWBRIDGE MUST PROVE GUILTY KNOWLEDGE P v EMERALI

Answer 59

Equipment Condensors, laboratory glassware, separating funnels, coffee grinders, coffee filters, heating sources,ph test strips and meters, baking dishes, par bombs, distillation equipment, Substances Hydrochloric acid, acetone, iodine, distilled water, taluene, sulfuric acid, red phosphorous, rock salt, cold medicines,

Answer 60

SD defined as (interception, tracking or visual surveillance device) An enforcement officer may use a SD for up to 48 hours if entitled to apply for one but obtaining a warrant in the time in which it is proposed to undertake the surveillance would be impractical. The criteria of emergency are: • RGS offence has/is/will be committed in relation to a controlled drug specified in schedule 1, part 1 of schedule 2 or part 1 of schedule 3 or a precursor substance specified in part 3 of schedule 4. • RGB use of a SD would obtain evidential material in respect of the offence.

Answer 61

No s.64 grants privilege to informers that protects their identity and includes information that is likely to expose their identity McGINTY held that disclosure of the identity of alleged informers was not required under this act and the judge was correct in deleting from the application certain parts that could lead to the identification of the informer, however he is entitled to insist on disclosure if he sees fit R v HALLET evidence as to the identity of informers is excluded unless the trial judge decides it is necessary to admit the evidence in order to prevent a miscarriage of justice or to deprive the defence of the reasonable opportunity to a defence.

Answer 62

• It will be necessary to prove that the Defendant has done something to complete the conspiracy in NZ for the offence to come under NZ jurisdiction. • R v JOHNSTON: the use of NZ Post or CUSTOMS to complete the import or export was sufficient to bring the matter within NZ jurisdiction. • The conspiracy is complete once the agreement is made. • R v LAMBERT there can be a conspiracy that one person will supply another with a CD.

Answer 63

Anonymity does not apply where the person is a prosecution witness as to the information given. Anonymity must be disallowed where there is a prime facie case that the information was given for a dishonest purpose or to enable or aid any person to plan or commit and offence Or if in the opinion of the trial judge the evidence of the information is necessary to provide the defence of an opportunity to a reasonable defence.

Answer 64

1) Leave the area immediately 2) Never touch taste or smell chemicals or equipment 3) Do not attempt to stop chemical reaction or turn off equipment 4) Do not shut off water supply to house or a chemical reaction 5) Do not smoke in or near a clan lab 6) Do not use tools, radios or cellphone, torches or devices that cause sparks or friction 7) Do not re-enter premises.

Answer 65

1) colate and asses orinitial informationand inteligence 2) obtain serach wrrants as required 3) notify NCLRT 4) arrange servies of AOS STG as appropriate 5) Notify and stand by EMS FIre and ambulance 6) Stand by SOCO and photogrpahy section 7) Arrange scene guards as required. 8) take responsibility for the safe removal of all suspects from scene

Answer 66

Cat 1: growing small number of plants for personal use with sale occurring or being intended Cat 2: Small Scale cultivation for commercial purpose ie to turn a profit Cat 3: Large scale commercial growing usually with a considerable degree of sophistication and organization Large scale Commercial Cultivation may be substantiated by: • Evidence of extensive and sophisticated ongoing operation involving regular crop rotation • Evidence of extensive crop yields o Admissions by defendant o Amount and sophistication of equipment found in defendants possession o Intercepted communications o Observation evidence particularly over extended periods o Significant cash holdings or movements o Evidence, involving records of proposed/actual sales Expected evidence of informants, crown witnesses and co-offenders ie o taken after plea and conviction

Answer 67

Relevant in terms of information and exhibits means information and exhibits that tend to support or rebut of have a material being on the case Relevant intercepted communications shall be withheld if: \*it is information which is likely to prejudice the maintenance law including the prevention, detection and investigation of offenses \* it is disclosed it is likely to endanger the safety of people or persons \* It is disclosure of information that is likely to endanger the security or defense of NZ.

Answer 68

OFFERS: OXFORD DICTIONARY Expresses readiness to do something for or on behalf of someone. TO SELL: The prosecution must prove two elements; \*the communication of an offer to sell a controlled drug (actus rea) \* an intention that the other person believes the offer to be genuine (mens rea) GUILTY KNOWLEDGE Police V EMEALI R v STRAWBRIDGE

Answer 69

An evidential transcript is a verbatim copy of the recorded version of the conversation

Answer 70

• Exporting liability begins with the first act intended to export the CD from their origin in NZ and liability ends at the point which the CD leave NZ destined for another country. • TIME OF EXPORTATION s.53 Customs and Excise Act 1996 o For the purpose of this act the time of exportation is the point in which the exporting craft leaves the last customs place it calls immediately before proceeding to a point outside NZ.

Answer 71

1: ‘clean controlled delivery’ where no drugs are left in the consignment, eliminates any risk of drugs being lost, at termination offenders likely only to be charged with importation and/or conspiracy. 2: Leaving an amount of the drug in the consignment to enable option of charging with Possession for supply, this option also provides for emergency powers should the drugs move to persons or places that are not covered by search warrants.

Answer 72

Every person commits an offence who; knowingly permits any premise or ship, aircraft, hovercraft, motor vehicle or other mode of conveyance to be used for the purposes of the commission of an offence against this act Class A 10y Class B 7y Class C 3y

Answer 73

Not under arrest. Reasonable CAUSE to beleive Internally secreted Class A or B drug for unlawfull purpose. Any customs or police officer May request to district court judge for S.13A detainment for period of 7 days renwable in periods of 7 days to maximum of 21 For a search to be conducted by a medical practioner approved by Customs CEO or Commissioner of Police

Answer 74

Where a SDW could have been issued or could have used a SD in the circumstances; offence 7+, certain arms act and psychoactive substances act offecnes

Answer 75

CAMP MOGE C Cannabis preparations such as oil/hash 5g A Amphetamine 5g M MDMA (Esctasy): 5 grams, 100 flakes/tabs P Pseudoefidrine: 10 grams M Morphine: 5 grams Opium G GHB: 5 grams E Ephedrine: 10 grams

Answer 76

S.57 Admissibility of evidential material relating to other offences • In the course of carrying out activities authorized by a SDW or while lawfully using a surveillance device in relation to an offence and a person obtains any evidential material relating to an offence that is; o Not the offence in respect of the warrant issued or surveillance activities lawfully put into use, BUT o A SDW could have been issued of a surveillance device could have lawfully been used (7+ and certain arms act offences)

Answer 77

"Except pursuant to a license or as otherwise permitted by regulation of this act no person shall cultivate a prohibited plant." it shall be a defence under s.9(1) (cultivating prohibited plants) if the defendant proves the prohibited plant relating to the charge was of the opium species and that it was not intended to be a source of any CD or it was not being developed as a strain from which a CD could be produced.

Answer 78

when customs dogs detect a concealment in a consignment of unaccompanied goods, unaccompanied baggage, unaccompanied vehicles, and in international postal items,

Answer 79

Offers Oxford Dictionary Expresses readiness to do something for or on behalf of another Offers to Supply R V DURING 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.

Answer 80

Extraction Synthesis conversion • Headaches • Watery or burning eyes • Nausea • Burning skin • Pain in diagram • Coughing or choking • Feeling of coldness or weakness • Shortness of breath or dizziness

Answer 81

It is not necessary for the prosecution to prove that a quantity of a drug is usable unless the defence puts the matter at issue

Answer 82

Reasonable Grounds to suspect an offense has, is or will be committed, in respect of which this act or any other enactment specified in **_collum 2 of this schedule_** authorizes enforcement officers to obtain a warrant to enter a premise to obtain evidence of the suspected offence. AND Reasonable grounds to believe the use of the SD will obtain evidential material in respect of the suspected offence AND the restrictions in s.45 to restrict the issuing of a SDW in the circumstances.

Answer 83

Cocaine: 0.5 grams Heroin: 0.5 grams LSD: 2.5 milligrams of 25 flakes Methamphetamine: 5 grams Psilocybin (Magic Mushrooms): 56 grams? (when a controlled drug is not listed in Schedule 5 the presumptive amount is 56 grams)

Answer 84

• Laboratory glassware, equipment and documents • Containers with clear liquids in them with a chalky coloured solid on the bottom or similar. • Containers with two layered liquids in them, one dark and one pale yellow layer. • Used coffee filters containing either a white pasty or reddish brown substance • Baking dishes or similar containing white crystalline substance • The presence of chemical near hot plates

Answer 85

Supply s.2 MODA75 Includes to distribute, give or sell. • R v MAGINNIS Supply means more than the mere transfer of physical control it includes enabling the recipient to apply the thing to purposes for which he desires. • Distribution relates to supplying to multiple people. o R v DONALD held that supply involves the distribution of jointly owned property between its co-owners. • Giving can include a passive transfer of the drugs as where a supply of LSD is kept in a shed and associates of the defendant were allowed to access the shed and help themselves to the LSD. • A sale occurs when some quantity or share of a drug is exchanged for some valuable consideration.

Answer 86

Evidence as to the identity of informants is excluded unless the trial judge decides it is necessary to admit the evidence in order to prevent a miscarriage of justice or to provide the defence of an opportunity to a reasonable defence.

Answer 87

ο R v STRAWBRIDGE held that “A person who innocently possesses something they genuinely believed was not a controlled drug cannot be held liable.” "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, however 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 it was not so. It is not a defence that the defendant did not know the substance in question was the particular CD alleged.

Answer 88

S.11 Health (needles and syringes) regulations Act 1998 (1) Everyone commits an offence who (a) offers to any other for use by that other a used needle or syringe OR (b) accepts for use a used needle or syringe OR (c) Disposes of a used needle or syringe in a public place. Possession of a needle or syringe is not an offence but will become an offence if it contains a useable amount of a CD. ( possesion of the drugs being an offence)

Answer 89

Means a device that may be able to help ascertain by electronic or other means either or both of the following: \* The location a thing or person \* Ascertaining whether a thing has been opened tampered with or otherwise dealt with Does not include and vehicle of other mode of transport such as a helicopter or boat.

Answer 90

Cannabis Plant 28g or 100 or more cigarettes Cannabis Seed Controlled Drug analogues 56g BZP