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James - CIB Modules SF > Drugs > Flashcards

Drugs Flashcards

If you copy this just know I only got 80.45% and maybe you should click on a few of links in the material 'cos I tots didn't

1
Q

Saxton v Police

A

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

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2
Q

R v Hancox

A

The bringing of goods into the country is a process that exists from the time the goods enter NZ until they cease to be under control of the appropriate authorities and become available to the consignee.

  • Here drugs delivered to post-office box considered end of importation process.
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3
Q

R v Strawbridge

A

In the absence of evidence to the contrary, guilty knowledge on the part of the defendant will be presumed. It is a defence that the defendant raise evidence that they honestly believed their act was innocent.

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4
Q

Police v Emerali

A

Possessing a controlled drug does not extend to a minute and useless residue of the substance.

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5
Q

R v Rua

A

‘Produce’ and ‘Manufacture’ in s6(1)(b) broadly cover the creation of controlled drugs by a process which change the original substance into the controlled drug.

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6
Q

R v Maginnis

A

Supply involves more than mere transfer of physical control and includes enable the recipient to apply the thing for their own purposes.

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7
Q

R v During

A

Intimation by the defendant to another that on request he can supply controlled drugs

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8
Q

R v Brown

A

Defendant guilty if offer supply controlled drug:

  1. that has on hand
  2. that will have at some future date
  3. that mistakenly think can supply
  4. deceitfully, knowing he will not supply that drug
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9
Q

R v Forrest and Forrest

A

The best evidence possible must be adduced by the prosecution in proof the victim’s age.

  • in practise it is a birth certificate together with independent evidence that they the person in the certificate.
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10
Q

R v Cox

A

Possession involves two elements.
1. Physical - actual or potential possession physical custody or control.
2. Mental -
a) knowledge in the sense of an awareness by the accused
that the substance is in his possession AND
b) intention to exercise possession.

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11
Q

R v McGinty (Alternative investigative techniques)

A

A Judge is not required to refuse a warrant because police had not exhausted every conceivable alternative technique of investigation.

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12
Q

s6(1)(a) MODA75

A
  • Import into OR export from NZ
  • any controlled drug, other than a controlled drug specified or described in Part 6 of Schedule 3 to this Act.

Importation:
in relation to any goods, means the arrival of the goods in NZ in any manner, whether lawfully or unlawfully, from a point outside NZ.
- Saxton v Police
- R v Hancox

Guilty Knowledge:
- R v Strawbridge

Measurable/Useable Quantity:
- Police v Emerali

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13
Q

What is an analogue?

What class are they?

A

Any substance with a structure substantially similar to a controlled drug.

Analogues are always Class C.

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14
Q

Class A/B/C controlled drug definition?

List 3 examples of each.

A

The controlled drugs specified or described in Schedule 1/2/3 of MODA75.

Class A

  • Cocaine
  • Heroin
  • LSD
  • Methamphetamine

Class B

  • GHB (Fantasy)
  • MDMA
  • Morphine
  • Opium

Class C

  • Cannabis Plant
  • Cannabis Seeds
  • BZP
  • Analogues
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15
Q

Is a mistake as to the nature of the controlled drug a defence?

A

No. If thought it was heroin and it was actually cocaine then still guilty.

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16
Q

Is it necessary for Crown to prove ‘useable quantity’?

A

No. Not unless the defence puts the matter in issue.

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17
Q

What is the definition of ‘Produce’?

What is the definition of ‘Manufacture’?

A

Produce - change the nature of the original substance

Manufacture - creating different substance from original materials.

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18
Q

When is the offence of s6(1)(b) complete?

A

When the controlled drug is created, whether in a useable quantity or not.

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19
Q

s6(1)(b) MODA75?

A

Produce or manufacture any controlled drug

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20
Q

What are the penalties under s6?

A

Class A = Life Imprisonment
Class B = 14 years
Class C = 8

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21
Q

s6(1)(c) MODA75

A
  • Supply or administer, or
  • Offer to supply or administer
  • Any Class A or B controlled drug to any other person, OR
  • otherwise deal in any such controlled drug
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22
Q

Definition of Supply?

A

includes distribute, give and sell

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23
Q

Definition of Administer?

A

Introduce a drug into another person’s system.

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24
Q

Definition of Offer?

A

Crown must prove:

  1. communication of offer to supply/administer (actus reas) AND
  2. intention that other person believe the offering is genuine
  • R v During
  • R v Brown
25
Q

s6(1)(d) MODA75

A
  • Supply OR
  • Administer OR
  • Offer to supply or administer
  • Any Class C controlled drug to a person under 18 years of age
  • R v Forrest and Forrest
26
Q

s6(1)(e) MODA75

A
  • Sell OR
  • offer to sell
  • any Class C controlled drug to a person 18 year of age or older

(5) for purpose of s6(1)(e), if a person supplies another with they deemed to have sold it to that person.

27
Q

s6(1)(f) MODA75

A

have any controlled drug in his possession for any of the purposes set out in paragraphs (c), (d), or (e).

  • R v Cox (possession)
28
Q

What are the three points around knowledge in relation to possession of drugs?

A
  1. must be aware they possess the substance
  2. sufficient if defendant identifies the substance as a controlled drug, even if there is nothing to analyse.
  3. physical custody presumes knowledge
29
Q

What three points must be proven around knowledge and intention in relation to possession of drugs?

A
  1. Know they have the substance
  2. know the substance’s nature or qualities
  3. intend to use the substance in a way that allows you to charge them for possession.
30
Q

What is required for ‘intent’ in a criminal law context?

A
  1. intention to commit the act and

2. intention to get a specific result

31
Q

s6(6) MODA75?

A

For purposes of 6(1)(f) a person is presumed to be in possession of a controlled drug for purposes in (c)(d)(e) if the quantity of that drug is at or over the specified level.

32
Q

What are examples of presumptive amounts of some drugs?

A 
Cocaine and Herion = 0.5 g
LSD = 2.5 mg or 25 tabs
Meth = 5 g
MDMA = 5 g or 100 tablets
Cannabis resin or oil = 5 g
Cannabis plant = 28 g or 100 ciggies

Where not specified = 56 g

33
Q

s6(2A) MODA75

A

Where a person conspires with another commit offence against ss(1) then liable:

  • 14 years for Class A
  • 10 years for Class B
  • 7 years all others
34
Q

s12 MODA75

A

(1) Every person commits an offence who 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.
(2) Every person who commits an offence against this section is liable on conviction to imprisonment for a term—
(a) 10 years where a class A drug was the controlled drug involved.
(b) 7 years where a Class B controlled drug was involved.
(c) 3 years in any other case.

35
Q

s12A MODA 75

A

(1) Liable 7 years who supplies, produces or manufactures-
(a) equipment or material capable of being used for the commission of an offence against s6(1)(b) or s9 OR
(b) any precursor substance
- knowing it is to used for the commission of an offence against s6(1)(b) or s9.

(2) Liable 5 years if has in his possession-
(a) equipment or material capable of being used for the commission of an offence against s6(1)(b) or s9 OR
(b) any precursor substance
- knowing it is to used for the commission of an offence against s6(1)(b) or s9.

36
Q

What 3 type of possession are there in possession offences?

A
  1. possession
  2. joint possession
  3. attempted possession
37
Q

When is a conspiracy to import drugs within NZ jurisdiction?

A

When the defendant done something to complete the conspiracy in NZ

38
Q

s9 MODA75

A

(1) Liable 7 years where cultivate any prohibited plant except under licence under this Act or permitted by this act.
(4) Defence if prove plant was Papaver somniferum and not intended to be source of a controlled drug.

39
Q

s16 MODA75

A

Specific offence of obstructing, hinders, resists or deceives any person in the execution of powers under this Act.

3 months or $500 fine

40
Q

What are three relevant offences under Reg 11 of the Health Regulations 1998?

A
  1. Offers for use to any person a used needle or used syringe; or
  2. Accepts for use a used needle or used syringe; or
  3. Disposes of a needle or syringe in a public place.
41
Q

What are the two options for controlled deliveries?

A
  1. ‘Clean’ controlled delivery. No drugs left in consignment.
    - No risk losing drugs
    - greater freedom with organising surveillance
    - but only ‘importation’ and ‘conspiracy’ charges likely
  2. Leave ‘possession’ amount of drug in consignment.
    - Provides emergency powers should drugs move to place not covered by warrant
    - risk losing drugs and security tighter.
42
Q

What 4 things do you need to consider when setting up an OP for a controlled delivery?

A
  1. Set up the OP in a suitable location
  2. Consider camera OP requirements versus intercept requirements (Forward Base)
  3. Consider whether surveillance device warrant required under the Search and Surveillance Act 2012
  4. Consider the staff having to occupy the OP.
43
Q

What are the 4 times when a surveillance warrant required, s46 S&S 2012 – p63

A

(a) Use of a device to intercept a private communication.
(b) Use of a tracking device, except where solely for the purpose of ascertaining whether a thing has been opened, tampered with, or in some other way dealt with, and the installation of the device does not involve trespass to land or trespass to goods:
(c) Observing private activity in private premises, and any recording of that observation, by means of a visual surveillance device.
(d) Use of a surveillance device that involves trespass to land or trespass to goods.
(e) Observing private activity in the curtilage of private premises, and any recording of that observation, if any part of the observation or recording is by means of a visual surveillance device, and the duration, for a single investigation, or a connected series of investigations, exceeds—
(i) 3 hours in any 24-hour period; or
(ii) 8 hours in total.

44
Q

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

A
  1. previous occupiers
  2. real person or false name?
  3. connections to delivery address
  4. relevant convictions / notings / associations
  5. travel / connections to country of origin
  6. bank accounts – large deposits, overseas transfers.
45
Q

What is the difference between a s23 S&S12 and a s13A MODAmendment Act 1978 search?

A

s23 S&S12 relates to conducting internal searches of people believed to be concealing drugs internally. These people must be under arrest for specific offences and any request for an internal search must be made by a constable.

s13A of the MODAmendment Act 1978 is for dealing with people believed to be concealing class A or B controlled drugs internally. Any member of Police or Customs may request a warrant from a District Court Judge to detain someone under this section

46
Q

In relation to a Surveillance Device for interception or trespass, what is a serious offence?

A

An offence punishable by 7 years imprisonment or more (or against certain sections of the Arms Act).

47
Q

R v McGinty (CHIS identity)

A

Disclosure of CHIS identity is not required under the Act and can be withheld in warrant applications. A Judge can, however, insist on disclosure if they saw fit.

48
Q

What are the 4 things to be done in the first 24 hours by O/C phone?

A
  1. Trapping’ or ‘pre loading’ phone data
  2. TSP Liaison
  3. Draft a search warrant application early
  4. Execute section 6 search warrants/production orders daily
49
Q

List the signs of a clan lab (Include interior and exterior) (10 and 6)

A

Outside:
1. Chemical odours, coming from the building, rubbish or detached buildings. The odours can be sweet, bitter, ammonia or solvent smells.
2. Exhaust fans running at odd times.
3. Frequent visitors at odd hours.
4. Windows blackened out or curtains always drawn.
5. People coming outside only to smoke
6. Occupants unfriendly, appear secretive about their activities,
exhibit paranoid or odd behaviour.
7. Expensive security and surveillance gear.
8. Access denied to landlords, neighbours, other visitors.
9. Rubbish containing a large amount of cold medication
containers or packaging.
10. Also bottles, plastic containers and boxes with labels
removed.

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

50
Q

List the Safety considerations you should make when a clan lab is discovered (unplanned entry)? (

A
  1. Leave the area immediately, your safety is paramount.
  2. Never touch, taste or smell any chemicals or equipment.
  3. Do not attempt to stop the chemical reaction, or turn any
    electrical devices such as lights or fans on or off. The simple
    act of turning on an electrical switch may cause an explosion.
  4. Do not shut off the water supply to the house or the chemical
    reaction.
  5. Do not smoke in or near a Clandestine Laboratory.
  6. Do not use tools, radios, cell phones, torches or devices that
    produce sparks or friction.
  7. Do not re-enter the premises.
51
Q

What are 12 things you must do for initial action at clan labs where CYPS located – NCLRT SOP p58

A
  1. Coordinate the removal of the CYP from the immediate scene
  2. Assign an officer to look after and monitor the CYP
  3. Assess the CYP for injury, illness or respiratory distress. (If
    medical treatment is necessary then bypass the
    decontamination procedure but advise the medical staff of
    their discovery at a clan lab).
  4. Request CYFS attendance at the scene
  5. Distribute personal protection equipment to CYFS employees
    together with a decontamination kit for the CYP
  6. Coordinate the most appropriate decontamination for the CYP
  7. Photograph the CYP at the scene
  8. Record the physical condition of the CYP and document any
    injuries.
  9. Record the mental state of the CYP
  10. Consider swabbing the CYP for chemical residue. (A search
    warrant application must include authority to cause a swab or
    sample to be taken away from the CYP at the scene).
  11. Secure clothing worn by the CYP as an exhibit.
  12. Conduct a preliminary interview with the CYP.
52
Q

What are things you must cover in initial interview with CYP at clan lab – NCLRT SOP p58

A
  1. Ask basic health questions i.e. headaches, nausea, dizziness or
    breathing difficulties.
  2. The occupants details
  3. Details of other siblings or other CYPS at the address
  4. Sleeping arrangements
  5. Identify the eating and playing areas in the house
  6. Obtain School or pre-school details
  7. The name of the CYP’s Doctor
  8. Gauge their knowledge of drugs, manufacturing and dealing
    activities.
53
Q

What is the time limit for laying s6 Dealing offences?

A

No time limit

54
Q

Who can bail person charged with Manufacturing methamphetamine?

A

High Court Judge only

55
Q

(MAYBE) What criteria are required for Other drug offences to be Crown prosecutions?

A

Dealing/conspiracy in a Class A drug (except prod/manu/consp. of meth) if:

(a) more than 5 times presumption amount, OR
(b) evidence of large-scale dealing, OR
(c) substantial evidence derived from surveillance device involving audio interception.

56
Q

Who may grant bail to a defendant charged with or convicted of a drug dealing offence?

A

A HC or DC Judge.

57
Q

What is the definition of drug dealing in BA00?

A

Any offence or attempt against s6 or s12C(1)(a) MODA75 in relation to Class A or B

58
Q

What are the 2 methods of delivery of drugs to ESR?

A
  1. In person to the analyst who is to issue the certificate, or to a person authorised by the analyst to receive it.
  2. By registered post or by courier post with signature required in a sealed package to an employee who has been authorised by the analyst in charge at the laboratory.
59
Q

When is an ESR certificate admissible as evidence?

What three criteria are The ESR certificate is admissible evidence only if: - p119

A
  1. The defendant is served at least 7 days (7 clear days) of the hearing, and provided with a copy of the analyst’s certificate
  2. The defendant does not, at least 3 days before the hearing, give written notice that the analyst be called
  3. The Court does not request the oral evidence of the analyst.

James - CIB Modules SF (12 decks)

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