Drugs Flashcards
Definition of a class b controlled drug
Controlled drug specified or described in schedule 2 of the misuse of drugs act 1975.
Class B drugs pose a high risk of harm
Definition of drug dealing offence
Section 6 of the misuse of drugs act 1975 deals with dealing offences which include, Importing/Exporting controlled drugs, manufacturing or producing controlled drugs, selling or supplying controlled drugs or possessing with the intent to supply controlled drugs.
What is the number of LSD tabs required for the presumption of intending to supply?
25 tabs
Who can bail a person charged with manufacturing methamphetamine?
High Court/District Court judge only
What is the time limit for layng charges for sec 6 dealing offences?
No limit, charges can be filed at any time.
When is importation complete?
Criminal liability rises as soon as the drugs cross into New Zealands border irrela vent if it is available to the consignee/addressee
Definition of supply?
Distribute/Sell/Give
What is the difference between produce and manufacture?
Producing can be described as changing the nature of the original substance and manufacturing as creating a different substance from the original materials,
Who proves if a drug is usable?
Sec29A - not necessary for prosecution to prove the drug is usable unless defendant puts matter in issue.
If a person is arrested for a drug dealing offence and you suspect he is concealing drugs internally an you search that person under S13A MODA?
No if a person is arrested consider using S23 of S&S2012
explain 2 methods of delivery for drugs to ESR
- In person to the analyst who is to issue the certificate or to a person authorized to receive it.
- By registered post or by courier post with signature required in a sealed package to n employee who has been authorized by the analyst in charge at the laboratory
Ingredients for Sec 16 - Obstruction
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.
R v STRAWBRIDGE
It is not necessary for the Crown to establish knowledge 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, the she is entitled to be acquitted unless the jury is satisfied beyond reasonable doubt that this was not so.
R v DURING
[An offer is] an imitation by the person charged to another that he is ready on request to supply to that other drugs of a kind prohibited by statute,
R v BROWN
The defendant is guilty in the following instances…
- 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 mistaken believes he can supply.
- Offers t supply a drug deceitfully, knowing he will not supply that drug.
What are the 3 things to prove for guilty knowledge for importing drugs?
Defendant knew about the importation AND
Defendant knew the imported substance to be a controlled drug AND
Defendant intended to cause the importation
3 offences under Health Regulations Act - Reg 11
Offering OR
Accepting for use any used needle or syringe OR
Disposing of any needle or syringe in a public place
What do you have to prove for the offence of 6(1)(d) - Supply class C under 18 years of old?
Proof of age of the person supplied or offered the drug. R V FORREST and FORREST - “The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age”
6 Clan lab signs from the outside
- Chemical odours coming from building
- Exhaust fan running at odd times.
- Frequent visitors at odd times.
- Windows blackened out of curtains drawn
- Expensive security ro surveillance gear
- Access denied to landlords, neighbours, other visitors
- Rubbish contains large amounts of cold medication containers
- Rubbish containing bottles, containers with labels removed
- People only coming out to smoke
What are the ingrdients for allowing premises to be used?
A person who knowingly permits any premises OR any vessel OR any aircraft OR Hovercraft OR Motor vehicle OR any other mode of conveyance To be used for the purpose of the commission of an offence against this act.
Discuss two options of controlled deliveries
- Clean controlled delivery - No drugs left within consignment. Reduces risk of drugs being lost however at termination only ‘importation’ and/or ‘conspiracy’ charges likely to be laid.
- Leaving an amount of the drug in the consigment. Enables option of ‘possess to supply’ charge. Requires greatr security and recovery upon termination is paramount.
Three things to prove in relation to 12A(2)
- The defendant has supplied, produced or manufactured equipment, material or precursors
- That those items are capable of being used in the production or manufacture of controlled drugs, or the cultivation of prohibited plants
- That the defendant knows that those items are to be used for suceh an offence by another person.
What are the differences between 13A MODA 75 and Sec 23 S&S Act 2012 in relation to standard of roof and custody status
Standard of proof - s13A - RCTB and not arrested, S23 - Must be arrested for offence agaisnt section 6,7 ot 11 of MODA and RGTB that person has secreted within body any property that may be evidence
What is the criteria for gaining a surveillance device warrant? (Sec 51)
RGTS - An offence has been committed, is being committed or will be committed in respect of this Act or any enactment specified in coloumn 2 of the schedule
RGTB - that the proposed use of the surveilance device will obtain information that is evidential material in respect of the offence
Offering to supply or adminster, the prosecution must prove two elements
The communication of an offer to supply or adminster a controlled drug (Actus reus)
An intention that the other person beleives the offer to be genuine (Mens rea)
List 5 Clan lab saftey considerations
- Leave area immediate, safety is paramount
- Never touch, taste or smell any chemicals or equipment
- Do not attempt to top chemical reaction, or turn any electrical devices such as lights or fans on or off.
- Do not smoke in or near clan lab
- Do not re enter the premises
3 steps for using certificate of analysis instead of calling ESR analyst to give evidence
- The defendant is served at least 7 days before the hearing with a copy of certificate
- the defendant does not at least 3 days before the hearing give written notice the analyst to be called.
- The court does not request oral evidence of analyst
What is the definition of a controlled drug?
Any substance, mixture, preparation or article defined or described in schedule 1,2 or 3 of the act and includes any drug analogue.
What is the definition of a Class A controlled drug
Means any controlled drug specified or described in schedule 1 of this act
What is the definition of a class B controlled drug?
Means any controlled drug specified or described in schedule 2 of this act
What is the definition of a class C controlled drug?
Means any controlled drug specified or described in schedule 3 of this act and includes any controlled drug analogue
When is the offence of manufacturing complete?
Once the prohibited substance is created, whether or not it’s in a useable form.
What type of offence has to be committed in order to use a surveillance device for interception or tresspass under S&S 2012?
A ‘serious offence’ which is an offence punishable by 7 years imprisonment or more (Or agaianst certain sections of the Arms Act 1983)
What is the time limit when laying charges for S6 of MODA 1975?
No time limit, charges can be filed at any time
Who can bail a person charged with dealing class A drugs and has a previous conviction for it?
High Court or District Court judge
Who can call a ‘landslide; when a clan lab has been discovered?
Any member of initial entry team
What was held in R V RUA?
The words produce or manufacture broadly covers the creation of controlled drugs by some sort of process which changes the original substances into a particular controlled drug.
Ingredients for use of premises or vehicle? S12, MODA 1975
- Ever person commits an offence against this act
- Who knowingly permits any premises OR [any vessel, aircraft, hovercraft, motor vehicle, or any other mode of conveyance]
- To be used for the purpose of the commission of an offence against this act
Ingredients for Obstruction, S16, MODA 1975
- Every person commits an offence agaisnt this act
- Who 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
What is the 90 second rule?
The rule assumes that if offender(s) are present and moving inside the laboratory then the atmosphere will sustain life. It assumes that the initial entry team may safely enter and extract suspects for a period of up to 90 seconds wearing the minimum level of PPE
Are CHIS required to be identified in a SW?
S64 of evidence act grants privilege to informers that protects identity and extends to information that is likely to disclose their identity.
R v MCGINTY
-Disclosure of the identity of alleged informants as not required under the act, and the trial judge was correct in deleting from the application certain parts which would have likely identified the informants. However, the trial judge was entitled to insist on disclosure if he saw fit.
Can you be charged with ‘attempted possession’?
It is an offence to attempt to gain possession of a drug, a charge which covers someone obtaining something innocuous in the mistaken beleif that it is a drug.
POLICE V JAY
Held that the commission of the offence of receiving cannabis was not legally impossible but in the circumstances factually impossible. As the respondent had criminal intent and did an act for the purpose of accomplishing his object he was guilty of an attempt to commit a crime.
hat was held in R v STRAWBRIDGE?
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.
What is a controlled delivery?
Occurs when a consignment of illicit drugs are detected, often concealed in some other goods, in circumstances making it possible for the delivery of thos goods to be made under the control and surveillance of NZ customs and Police, with a view to identifying and securing evidence agaianst those involved for the importation/exportation. This could also incorporate couriers caught body packing or travelling with drugs concealed within their luggage.
What are key activites that a telephone investigator (OC PHONES) must under take in the first 2 hours of an operation?
- Trapping or pre loading phone data
- TSP Liassion
- Draft a Sw app daily
- Execute S6 SW daily
In relation to importing, when is someone liable and when does liability cease
Liability begins as soon as the drugs cross NZ’s border.
Liability ceases as soon as the goods have reached their final destination and are available to the consignee.
R V HANCOX
Importing into NZ is a process for the purposes of S6(1)(a). THe element of importing exists from the time the goods enter NZ until they reach their immediate destination.
What must be proved in relation to importation (Mens rea)
Must be proved that:-
THe defendant knew about the importation
The defendant knew the imported substance was a controlled drug AND
Intended the importation
How do you prove age?
Prosecution must prove age using the best evidence possible….Producing the victims birth certificate in conjunction with independent evidence that identifies the victim as the person named in the certificate…
RV FORREST AND FORREST
What points should you consider when profiling the addessee of controlled delivery?
Previous occupiers Real person or fals name? Connections to delivery address relevant convictions/notings/associations travel/connections to country of origin bank accounts - large deposits/overseas transfers full id of target if possible photographs (Surveilance) Police intel held uspects knowledge of covert police techniques suspects knowledge/skill of technology suspect travel history including passports held Other agency intel Financial prifle general lifestyle tracking devices risk assesment
What evidence to look for in a SW involving controlled deliveries?
Evidence relating to importation track and trace receipts correspondence computers/cell phone emails contact lists packaging from previous importations money and financial records scales and packaging in relation to supply charges PO Box documentation Travel documentation passports
What activites require a surveilance device warrant?
USe of an interception device to intercept private communication
Use of a tracking device except where a tracking device is installed solely for the purpose of ascertaining wether 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.
Observation of private activity in private premises and any recording of that obervation by means of a visual sureveillance device
Use of a surveillance device that involves trespass to land or trespass to goods
Observation of 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 of the observation, for the purposes of a single investigation or a connected series of investigations exceeds 3 hours in any 24 hour perios or 8 hours in total
How long my a SDW be in effect for?
Up to 60 days
Steps during unplanned entry into a clan lab
Remove POI from premises
Not touch handle move or disconnect anything
Isolate and maintain safe perimeter
Preserve crime scene
Notify duty inspector contact nclrt
Seek advice from nclrt or fire about decontamination
Occupants and staff who have been in address to remain separate until decontamination
Seek medical advice for anyone suffering side effects
Saxton v police
To import includes to introduce or bring in from abroad or to cause to be brought in from a foreign country
R v hancox
Importing into nz is a process. 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 the control of the appropriate authorities and have become available to the consignee or addresse
R v strawbridge
It is not necessary for the crown to establish knowledge on the part of the accused. In the abscene 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 the act was innocent then she is entitled to be acquitted unless the jury is satisfied beyond reasonable doubt that this was not so
R v emerali
The offence of possessing a narcotic does not extend to some minute and useless residue of the substance
R v rua
The words
R v rua
The words produce and manufacture and section 61 be broadly cover the creation of controlled drugs by some form of process which changes the original substances into a particular controlled drug
R v during
offer is an intimation by the person charged to another that he is ready on request to supply to the other drugs of a kind prohibited by the statute
R v brown
the making of such an intimation with the intention data should be understood as a genuine offer is an offence
R v forrest and forrest
the best evidence possible in the circumstances should be adduced by the prosecution and proof of the victims age
R v cox
possession involves two elements the first the physical elements as actual or potential physical custody of control the second the mental elements as a combination of knowledge and intention knowledge in the sense of an awareness by the accused that The Substance is in his possession and an intention to exercise possession
Section 6 (1)
A) import or export B) produce or manufacture C) supply class a or b D) supply class c to under 18 E)sell class c to over 18 F)possess to supply
Class a drugs
Cocaine Heroin Meth Magic mushrooms Lsd
Class b drugs
Gbl Ghb Cannabis oil Morphine Pseudo ephedrine Amphetamine
Class c drugs
Cannabis plant
Cannabis seeds
Bzp
Drug analouges
Ingredients for produce/manufacture
S6(1)(b) MODA 1975. Life/1 years/8 years
1 produce or manufacturee
2 any controlled drug
Elements for importing or exporting
S6(1)(a) MODA 1975. Life
Imports in to nz
Or
Exports into nz
Any controlled drug
elements for supply/adminster/offer class a or b drug
S6(1)(c) MODA 1975 Life/14 years
Supplys OR Adminsters OR Offers to supply OR Offers to administer OR otherwise deals in
A Class A OR A class B controlled drug
To any person
Elements for supply/administer/offer class C controlled drug to a person under 18 years old.
S6(1)(d) MODA 1975, 8 years
Supplys OR Adminsters OR Offers to supply OR Offers to administer OR otherwise deals in
A class C controlled drug
to any person under 18 years old
Elements for Sell/Offer to sell any class C controlled drug to a person of or over 18 years?
S6(1)(e) MODA 1975, 8 years
Sell OR offer to sell
Any class C controlled drug
To any person of or over 18 years
Elements for possession of a controlled drug with intent to supply
S6(1)(f) MODA 1975, life, 14 years, 8 years
Has in his possession
Any controlled drug
For the purpose of supply
Definition of controlled drug
Any substance, preperation, mixture or article specified or described in schedules 1, 2 or 3 of this act and includes any controlled drug analogues
What tasks do you NOT need a SDW for?
Surveillance from a public area without a surveillance device
Surveillance from curtlaige of private property for a time not exceeding 3 hours in 24 hours or 8 hours in total
Lawfully in private premises and recording what you hear or see without a device
conducting audio recording of a voluntary oral communication between 2 or more people with consent from at least one of them
