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Drugs Module > Drugs Baybee > Flashcards

Drugs Baybee Flashcards

1
Q

What must the crown prove for charges under section 12A(1)?

A
  • That the defendant has supplied, produced, or manufactured equipment, material or precursors
    -that those items are capable of being used in The production or manufacturing of controlled drugs, or the cultivation prohibited plants.
  • that the defendant knows those items are to be used for such an offence by another person,
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2
Q

what activities does the term “supplying drug” cover?

A
  • Distribute - supplying to multiple people
  • give - involves handing over or in some way transferring an item to another person
  • sell - a sale occurs when a quantity or share in drug is exchanged for some valuable
    Consideration
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3
Q

What are the two elements that the prosecution has to prove in relation to the offence of offering to supply?

A
  • The communicating of an offer to supply or administer a controlled drug (actus reus)
  • an intention that the other person believes the offer to be genuine (mens rea)
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4
Q

What difference does age make to the offences involving class c controlled drug?

A
  • under 18 years old 6(1)(d) involves supplying, administer, offers to supply or administer to person under the age of 18
    -over 18 s6(1)(e) only involves selling or offering to sell a class c substance to a person over the age of 18.
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5
Q

What four things do you have to prove for possession of a drug

A

Knowledge that the drug exists
Knowledge that is is a controlled drug
Actual physical control or some degree of control over it
An intention to possess it

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6
Q

Produce/manufacture any controlled drug

A

Misuse of Drugs Act 1975, Section 6(1)(b)
Imprisonment: A=life|B=14|Any other=8

Elements:
- Produce (or) manufacture
- Any controlled drug

Produce:
Definition: bring something into existence from its raw materials - eg cannabis oil

The offence of producing is complete once the prohibited substance is created, whether it is in a usable form or not.

Manufacture:
Process of synthesis - Combining raw materials to create a new substance
E.g cooking meth

R v rua - the words “produce” and “manufacture” broadly cover the creation of drugs by some form of process which changes the original substances into a particular controlled drug

R v rua - offence is complete once the prohibited substance is created, whether or not in usable form.

Any Controlled Drug:
SPAM + CDA in s2 MODA 75
Substance, Preparation, article specified, mixture + controlled drug analogue

Guilty knowledge -
Knew it was a controlled drug
Knew it was an offence
Intended to commit offence

R v Strawbridge - knowledge will be presumed if there is no evidence to the contrary. The accused need to prove they acted innocently and had no knowledge to be acquitted.

Usable quantity -
R v emerali - possession doesn’t extend to some minute or useless residue.

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7
Q

R v Strawbridge

A

Guilty knowledge:
Knowledge will be presumed if there is no evidence to the contrary. The accused need to prove they acted innocently and had no knowledge to be acquitted.

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8
Q

R v emerali

A

Usable quantity:
Possession does not extend to some minute or useless residue.

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9
Q

Supplying any class A or B Controlled drug

A

Misuse of Drugs Act 1975, Section 6(1)(c)
Imprisonment: A=life|B=14

Elements:
- Supplies | administer | offer to supply | offer to administer | or otherwise deal in
- any class A (or) class B controlled drug
- To any person

Supply:
Includes - distribute, sell, give
Distribute - supply to multiple
Sell - exchange for an valuable consideration
Give - hand over to enable use

R v Maginnis - more than transfer of physical control - it includes enabling the recipient to apply the thing

Administer:
Cause drug to be taken into system

Offer to supply/offer to administer:
R v during - ready of request to supply the drug
R v brown - offence of supply exists when offer is made with intention tat it should be understood as genuine.

Any class A or B controlled drug:
SPAM + CDA
Substance, preparation, Article specified, mixture - s2 MODA controlled drug analogue

Guilty knowledge:
KKI
Knew it was a controlled drug, knew of the offence, intended to commit offence.

R v Strawbridge - knowledge will be presumed if there is no evidence to the contrary. Accused need to prove they acted innocently and had no knowledge to be acquitted.
R v Emerali - possession does not extend to some minute or useless residue.

To any person:
Must be supplied to some person - ID not required

Proven by judicial notes/circumstantial evidence.

Top tips - administer would be injecting someone - supply is distribute, sell, give

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10
Q

Supplying class C controlled drug to person under 18

A

MODA 75, Section 6(1)(d)
Imprisonment: 8 Years

Elements:
- supply | administer | offer to supply/administer
- any class C controlled drug
- to any person under the age of 18

Supply:
Includes - distribute, give, sell
Distribute: supply to multiple
Give: hand over to enable use
Sell: exchange for valuable consideration

R v Maginnis - more than transfer of physical control, enable recipient to apply for thing

Administer:
Cause drug to be taken into system.

Offer to supply/administer:
R v during - ready on request to supply the drug
R v brown - offence of supply exists when offer is made with the intention that it should be understood as genuine

Any class C controlled drug:
SPAM + CDA s2 MODA 25 (schedule 3)
Substance, preparation, article specified, mixture

Guilty knowledge:
KKI - knew it was a controlled drug, knew about offence, intent to commit offence

R v strawbridge - knowledge will be presumed if there is no evidence to the contrary. The accused must prove they acted innocently and had no knowledge to be acquitted.
R v emerali - possession does not extend to some minute or useless residue.

To any person under the age of 18:
R v forest and forest: best evidence possible adduced regarding age (birth certificate and ID of that person named on certificate.

Top tip: key note that person is under the age of 18. If a 25 year old gives another 25 year old class c controlled drug with no exchange of medium it is not an offence against this section. It would be straight possession under s7.

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11
Q

Sell/offer to sell class c controlled drug to person over 18 years old

A

MODA 75, Section 6(1)(e)
Imprisonment 8 years

Elements:
- sell | offer to sell
- class C controlled drug
- to any person over the age of 18

Sell:
Exchange for valuable consideration

Offer to sell:
R v during: ready on request to supply drug
R v Brown: offence of supply exists when offer is made with the intention that it should be understood as genuine

Any class c controlled drug:
SPAM + CDA
Substance, preparation, article specified, mixture Schedule 3, s2 MODA 75

guilty knowledge:
KKI - knew it was a controlled drug, knew about offence, intended to commit offence

R v Strawbridge: knowledge will be presumed unless there is evidence to the contrary. The accused must prove that they acted innocently and that they had no knowledge to be acquitted.
R v emerali: possession does not extend to some minute or useless residue.

To any person over the age of 18:
JN/CE

Over age of 18
R v forest and forest: best possible evidence adduced from prosecution (birth certificate and ID of that person named on certificate)

Top tips for young players - a medium of exchange is not limited to cash - could include trading a PlayStation or bodily services for weed.

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12
Q

Possession of controlled drug for supply

A

MODA 75, Section 6(1)(f)
Imprisonment: A=life | B=14 | any other drug =8

Elements:
- have in their possession
- any controlled drug
- for any purpose set out in paragraphs (c),(d),(e)

Have in their possession:
R v cox - 2 elements - mental and physical - physical custody/control, mental knowledge/intent to possess that item.

Any controlled drug:
SPAM + CDA s2 MODA
Substance, preparation, article specified, mixture

Class A/b/c +schedule 1/2/3

Guilty knowledge:
KKI - knew about offence, knew was controlled drug, intent to commit offence

r v Strawbridge: knowledge will be presumed unless there is evidence to the contrary. Accused must prove they acted innocently and had no knowledge to be acquitted.

R v emerali : possession does not extend to some minute or useless residue.

Supply quantities?

For any purpose set out in (c)(D)(e):
Intent - there must be an intent to commit the act and get a specific result

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13
Q

Mike has been charged with possession of 5 grams of methamphetamine. List four things you have to prove in relation to mikes possession

A

KKI
- knowledge the drug existed.
- knowledge it was a controlled drug
- intent to possess the drug
- actual physical control or some degree of control over it

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14
Q

Possession definition

A
  • actual custody or control
    This includes potential custody or control - thus “subject to his control which is in the possession of another”

An example of this is a person is storing their drugs at a friends house. The defendant can exercise control of property through an agent however exercise of control must be established.

  • mental element
    Knowledge and intention to possess it.

Knowledge - the defendant must be aware they possess the substance
That it was a controlled drug

Lack of knowledge due to memory loss - court of appeal held this matter should be retrial

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15
Q

If more than one person has access of drugs of a saleable quantity

A

They may be charged jointly with possession but must prove there was a shared intention to sell the drugs

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16
Q

Attempted possession

A

It is an offence to attempt to gain possession of a drug. A charge which covers someone obtaining something innocuous in the mistaken belief that it is a drug.

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17
Q

Possession of drug cases

A

In drug cases it is necessary for the crown to that the defendant had:
- knowledge the drug exists
- knowledge it is a controlled drug
- actual physical control or some degree of control over it
- An intention to possess it

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18
Q

Intent

A

In criminal law there are two specific types of criminal intent:
- deliberate act
An act or omission deliberately done and musty be more than accidental

  • produce result
    Aim, object, purpose
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19
Q

Proving intent/proving in drug cases

A

R v collister. A persons intent may be inferred from the circumstance and a persons words and actions at the time of, before, after the incident and the nature of the act itself.

In drug cases intent may be proven by:
- admissions
- circumstantial evidence (scales, point bags, cash, tick lists)
- statutory presumption under s6

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20
Q

Statutory presumption

A

S6(6) of MODA 75 creates a presumption of law that if a person has possession of a specified amount of any drug, that the person will be presumed to have that drug for one purpose set out in 6(1)(C) or 7(1)(d) unless they can prove otherwise

The presumptive amount may be rebutted if the person is able to prove , on the balance of probabilities, that they did not intent to commit a dealing charge and that it was for personal use as they are a heavy drug user

Heroin - 0.5g
Cocaine - 0.5
Lysergide lsd - 2.5ml or 100 flakes/tabs
Meth - 5g
MDMA - 5g/100 pills
Cannabis resin or extract - 5g
Cannabis - 28g or 100 cigs

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21
Q

What are the penalties for committing an offence against subsection 1 of s6 MODA

A

A - life
B - 14 years
C/ any other - 8 years

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22
Q

What is the definition of imports

A

The arrival of the goods into New Zealand in any manner, whether lawfully or unlawfully, from a point outside of New Zealand

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23
Q

Saxton v Police

A

Imports case law
The import includes to introduce from abroad or to cause to be brought in from a foreign country

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24
Q

The importing process. When does it start and finish?

A

Importation is a process that commences at the point of origin and continues until the drugs have reached their ultimate destination in New Zealand.

Criminal liability arises as soon as the drugs cross New Zealand’s border and may therefore be convicted under s6(1)(a).

However this does not end a the border, the process continues whilst goods are in transit and only concludes once they reach their final destination and are available to the consignee.]

Anyone who knowingly assists up to that point may be liable as a party to the importation.

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25
Q

R v hancox

A

Imports case law

The bringing of goods into the country or causing them to be brought into the country does not cease as the aircraft or vessel enters New Zealand’s territorial limits. Importing into New Zealand for the purpose of 6(1)(a) is a process.

The element of importing exists form the time the goods enter New Zealand untill they reach their intended destination.

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26
Q

Section 6(1)(a)

A

Imports into New Zealand
Elements:
- imports
- any controlled drug

Imports:
Means the arrival of goods in New Zealand by any manner, whether lawfully or not, from a point outside New Zealand.

Saxton v Police:
To import means to introduce from abroad or to cause to be brought in from a foreign country.

R v Hancox
The bringing of goods int the country or causing them to be brought into the country does not cease as soon as the air craft of vessel enters New Zealand’s territorial limits.

Any controlled drug:
SPAM +CDA

Guilty knowledge
KKI
-Knew it was a controlled drug
- knew it was an offence
- intent to commit the offence

R v strawbridge:
Knowledge will be presumed unless there is evidence to the contrary. The accused must prove they acted innocently and had no knowledge to be acquitted

Usable quantity:
R v Emerali - possession does not extent to some minute or useless residue.

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27
Q

Men’s rea of importing

A

The crown must not only prove that the defendants conduct in some way contributed to the actual importation, they must also prove the guilty knowledge.

This will involve proof that the defendant:
- knew about the importation
- knew the imported substance was a controlled drug
- intended to cause the importation.

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28
Q

Wilful blindness

A

In terms of proving guilty knowledge for an import, proof of the defendant deliberately Turning a blind eye to the facts will suffice

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29
Q

Definition of New Zealand

A

Means the land and waters enclosed by the outer limits of the territorial sea of New Zealand. The outer limit of the territorial seas is 12 Nautical miles from the land mass of New Zealand.

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30
Q

Section 2 MODA 75

A

Controlled drug:
Means any SPAM + CDA

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31
Q

What is the CDA

A

Means any substance that has a structure substantially similar to that of any controlled drug but does not include:
- any substance described in schedules 1,2,3
- any pharmacy-only medicine or prescription medicine or restricted medicine within the meaning of the medicine act 1981
- an approved product within the meaning of the psychoactive substances act 2013

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32
Q

Name the class A, B, and C drugs and their statutory presumptions

A

A:
- heroin 0.5g
- Cocaine 0.5g
- lysergide LSD 2.5g or 100 flakes/tablets
- Meth - 5g

B:
- MDMA 5g or 100 tablets
- cannabis oil
- amphetamine
- GHB (fantasy)
- morphine
- opium
- pseudoephidrine

C:
- cannabis seeds/plant 28g or 100 cigs
- CDA

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33
Q

R v Strawbridge

A

Guilty knowledge:
Knowledge will be presumed unless there is evidence to the contrary. The accused must prove they acted innocently and had no knowledge to be acquitted.

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34
Q

R v emerali

A

Usable quantity
Possession does not extend to some minute or useless residue

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35
Q

R v rua

A

Producing/manufacturing
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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36
Q

Definition of producing

A

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

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37
Q

Define manufacturing

A

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

38
Q

When is the offence of manufacturing/producing complete

A

The offence is complete once the prohibited substance is created, whether it is in a usable or unusable form.

R v rua supports this

39
Q

What must the prosecution prove in relation to a cannabis preparation?

A

It is for the prosecution to prove that the preparation to which the charge relates contains any THC

40
Q

Define supply

A

To supply means to provide something that is needed or desired.

41
Q

R v Maginnis

A

Supply is more than the transfer of physical control.. it includes enabling the recipient to apply the thing to a purpose which he desires

42
Q

Define giving

A

Handing over or in some other way transferring an item to another person

43
Q

Define sale

A

Exchange for a valuable consideration

44
Q

Define administers

A

Direct or cause a drug to be taken into the system of another person

45
Q

What must the crown prove when its an offering to supply or administer?

A

The prosecution must prove two elements:
- the communicating of an offer to supply or administer a controlled drug (actus reus)
- an intention that the other person believes the offer to be genuine (men’s rea)

46
Q

R v during

A

Offer to supply/administer
The person charged is ready on request to supply the drug

47
Q

R v brown (offer to supply or administer)

A

The defendant is guilty in the following instances
- offers to supply a drug he has on hand
- offers to supply a drug that will be produced at some future date
- offers to supply drug that he mistakingly believes he could supply
- offers to supply a drug deceitfully, knowing he will not supply the drug

48
Q

R v brown (liability one)

A

The offence of supply exists when the Offer is made with the intention that it should be understood as genuine.

49
Q

6(1)(f) - possession of controlled drugs in New Zealand requires proof of what two separate elements

A
  • physical element
    Physical custody or control over the drugs - this can be actual or potential.
    Actual = has the drug in their cistidy
    Potential = has drugs at friends house but still has control over it
  • mental element
    This requires a combination of knowledge and intention
    Knowledge = KKI

Intention = willingness to exercise possession

50
Q

Define potential possession of drugs

A

S2 MODA 75
For the purpose of this act, the thing which a person has in his possession include anything subject to his control which is in the custody of another

51
Q

R v cox - possession `

A

Physical custody and knowledge that it is in their possession

52
Q

Attempted possession

A

It is an offence to attempt to gain possession of a drug. A charge which covers someone obtaining something innocuous in the mistaken belief that it is a controlled drug

53
Q

How can you prove intent in drug cases

A
  • admissions
  • circumstantial evidence, point bags, tick lists, scales
  • the statutory presumptions
54
Q

Statutory presumptions s6(6)

A

For the purpose of subsection 1(f) a Person is presumed until the contrary is proved to be in possession of a controlled drug for any of the purposes set out in 1(c),(d),(e) if the amount of the drug is over which the controlled drug is presumed for supply’

55
Q

What three elements must the crown prove for charges under 12A(1)

A
  • the defendant has supplied, produced or manufactured equipment, material or pre cursors
  • that those items are capable of being used in the production or manufacture of controlled drugs, or the cultivation of prohibited plants
  • the defendant knows those items are to be used for such an offence by another person
56
Q

Define equipment capable of being used in offence 6(1)(b) and provide examples

A

The term equipment is not defined by statute. But will include the implements, apparatus and other hardware used in the manufacturing, producing or cultivating process

Examples, glassware, condensers, heating mantles, pots, lights, timers, waterpumps

57
Q

What 3 elements must the crown prove for charges under 12A(2) (possession of equipment/precursors etc)

A
  • that the defendant has equipment, material or precursors in his possession
  • that those items are capable of being used in the production or manufacture of controlled drugs, or the cultivation of cannabis
  • that the defendant has the intention that those items are to be used for such an offence, either by himself or another Person
58
Q

What is the defence to section 9 of MODA (cultivating cannabis)

A

9(4) it shall be a defence to a charge under subsection (1) if this section if the person charged proves that teh prohibited plant to which the charge relates was of the species Papaver somniferum, and it was not intended to be a source of any controlled drug or that it was not being developed as a strain from which the controlled drug could be produced.

59
Q

What powers o Police have in relation to controlled deliveries - quote the sections and what they say

A

Powers to undertake a controlled delivery is vested in a customs officer only. Under s12 of MODA Police assist customs when a controlled delivery operation is undertaken. In the event that the operation is successful, Police make the arrest and conduct the prosecution.

Section 12 of MODA should be read in conjunction with the controlled deliveries section. For situations where search of persons, places or vehicles is authorised in relation to a controlled delivery, see 81 of SAS 2012.

S12 - allowing delivery of unlawfully imported drugs for the purpose of detection
S81 - searches of persons, places, and vehicles relating to deliveries under s12 MODA 78

60
Q

What are the methods of importation

A
  • international mail inside a mail article
  • international airport, arriving via courier using body packages, internal concealment or concealed within luggage
  • imported air freight, within freight consignment
  • sea freight, same as air
  • arriving commercial vessel, hidden on board or attached to a vessel
61
Q

What are the two options of controlled deliveries

A

Option 1 - a clean controlled delivery, where no drugs are left within the consignment. This eliminates any risk of the drugs being lost but also gives greater freedom in organising the surveillance of the consignment and reduces the risk of alarming the targets while may have arranged counter surveillance. However, at the termination, only importation and conspiracy charges are likely to be filed.

Option 2 - leave an amount of the drug within the consignment to enable the option of charging an offender with possession for supply charge and also provides the availability of emergency powers should the drugs move to persons or places that are not covered by search warrants. The remainder of the drugs are substituted. Consequently any consignment with drugs still in it requires greater security, and recovery on the termination is paramount.

62
Q

When setting up an OP to observe a controlled delivery and you are profiling an address to use, what are your considerations

A
  • proximity to the target address, close enough to be effective, far enough away to be unobtrusive
  • unobstructed line of sight to target address
  • access to and from the address without arising suspicion (consider equipment and staff that will need to enter and leave)
  • ability to beam signals and tap into telecom cables
  • phone line available
63
Q

When considering controlled deliveries what section of SAS 2012 may you use to stop the vehicle

A

S121 SAS stopping a vehicle for the purpose of a search. A SW should be obtained however if it impractical to do so you can use 81 SAS 12.

64
Q

S48 SAS 12 - what situations may you use a surveillance device Wihtout obtaining a warrant

A

S48 of the SnS act allows Police to use a surveillance device without warrant for up to 48 hours if entitled to obtain such warrant but obtaining it within the time is not practice in the circumstances.

The situations of emergency or urgency in relation to drug offences in 48(2) are :
48(2)(e)
- an enforcement officer suspects on reasonable grounds that an offence has been/is being/about to be committed in relation to a controlled drug specified in schedules 1, 2 , or 3 or to a pre cursor substance and’
- believe that use of a surveillance device would obtain EM in relation to that offence.
48(2)(f)
The enforcement officer has reasonable grounds to believe a Person is in possession of any 1 or more of the things described in section 81(2)(A)-(d) and
- the believe that use of the surveillance device is necessary to facilitate the things seized.

65
Q

What does the legislation outlined in s23 of SnS act outline (internal searches)

A

Only applies if a person is under arrest pursuant to s 6, 7, or 11 of MODA 75 and relates to class A, b, or c classed controlled drug

66
Q

The legislation for people who are believed to be concealing drugs internally is under s13A of MODamendment Act 78 - when does this apply ?

A

Applies to a person who you have reasonable cause to believe is concealing class A or B controlled drugs only but who is not under arrest

67
Q

What is the definition of EM

A

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

68
Q

What is a private communication

A

A private communication means (whether oral or written or some other form) is made in the circumstances that may reasonably be taken to indicate that any party to the communication desires it to be confined to the parties to the communication; but

Does not include a communication off that kind occurring in circumstances in which any party to the communication ought reasonably to expect that the communication may be intercepted by some other person Wihtout having the express or implied consent of any party to do so

69
Q

What is the definition of an interception device

A

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 but;

Does not include a hearing aid or similar device used to correct subnormal hearing of the user to no better than normal hearing

70
Q

What is the definition of a surveillance device

A

Any electronic, mechanical, electromagnetic, optical or electro-optical instrument, apparatus, equipment, or 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 or lenses used to correct subnormal vision of the user to no better than normal vision.

71
Q

What is visual trespass surveillance

A

The use of a surveillance device involving trespass

72
Q

Surveillance device means 1 or more of what of the following devices

A

Interception
Tracking
Visual surveillance

73
Q

What is a tracking device

A

A device used to ascertain, by electronic or other means, either or both of the following:
- the location of a thing or person
- whether a thing has been opened, tampered with, or in some other way dealt with

  • does not include a vehicle or other means of transport, such as a boat or helicopter
74
Q

What assistance do the different types of surveillance devices aid in?

A

Visual surveillance - observe and/or record
Interception - hear and/or record
Tracking - locate a person or thing or ascertain whether something has been handled

75
Q

What are the activities for which a surveillance device is required?

A

S46 - activities for which a surveillance device warrant is required
- use of interception device to intercept a private communication
- use of tracking device EXCEPT where a tracking device is installed solely for the purpose of ascertaining whether a thing has been opened, Tampered with, or in some other way dealt with, and the installation does not involve trespass
- observation of private activity in a private premise, and any recordings of that private activity by means of a visual surveillance device.
- use of a surveillance device which requires trespass
- observation of a private activity in the curtilage of a private premise, and any recordings of that observation or recording is by means of visual surveillance device, and the duration of the observation, for that purpose of a single investigation, or a connected series of investigations exceeds
- 3 hours in any 24 hour period or 8 hours in total.

76
Q

What id voluntary oral communication

A

This is a communication between 1 or more persons where at least 1 party gives consent for the communication to be recorded. There is no requirement for a warrant

77
Q

R v mcginty

A

A judge is not required to refuse a warrant purely because police have not exhausted every conceivable alternative investigation technique.

78
Q

CHIS - what does s64 of the Evidence Act 206 state - and r v McGinty

A

Grants privilege to informers that protects their identity and extends to information that is likely to disclose that identity.

R v mcginty states that Judge was right in deleting sections of text that may had disclosed informers identity however the trial judge is entitles to insist on disclosure of he saw fit.

79
Q

What does s64(3) of the Evidence Act 2006 state

A

An informer may be a member of the Police working undercover

80
Q

What is trapping and preloading phone data

A

A TSP or telephone service provider can trap when new phone numbers are identified. Get phones trapped to maximise the opportunity to recover vital messages

81
Q

TSP liaison

A

Establish an effective working relationship with the TSP. Find one person at your TSP to deal with the inquiry - ownership is critical

82
Q

Telephone analysis is a critical investigation tool in any enquiry. Call associated data can be obtained via s6 Search warrants for historical data. SDW can be issued for information on a continuous basis.

Text messages are stored by TSP who have the ability to trap or preload message content to allow time for the information to be obtained via s6 production orders, O/C phones should establish this process within frost 24 hours

A
83
Q

What are the time limits for filing charges against MODA 75

A

S28 MODA 75 sets time limits for filing charges.
S28(a) allows to to file charges at any time for offences against s6 (dealing), s9 (cultivating), s10 (aiding offences against corresponding law in another country)

S28(b) states the limitations period for any other offence is 4 years

84
Q

What is a definition of a drug dealing offence under s3 of the bail act

A

Any offence against s6 of MODA 75 or s12(1)(a) of MODA 75 in relation to a class A or B controlled drug. OR an attempt tp commit an offence referred to in (a)

85
Q

When must the copy of the analysis certificate be provided to defence

A

The defendant must be given a written copy of the Analysts certificate and written notice that the analyst will not be called at least 7 working/clear days before the hearing.

If they do not wish to accept the certificate, the defendant has to give notice in writing at least 3 working days before the hearing that they wish for the analyst to be called to give evidence as a witness by the prosecution

86
Q

When is the certificate of the analyst admissible

A
  • when defendant served certificate at least 7 working days before hearing and provided copy of certificate
  • defence does not give notice for the analyst to be called at least 3 working days before the hearing
  • the court does not require oral evidence of the analyst
87
Q

Lack of response from defence after serving certificate by analyst

A

Do not assume that there will be no argument about the exhibit, chain of custody or identity of the drug just because defence has not served notice requiring the analyst to appear in court.

The defence admits nothing by failing to serve the notice, the only effect is to make the certificate technically admissible.

88
Q

What is the definition of imports

A

Imports - in relation to any goods, means the arrival of the goods into New Zealand, in any manner, whether lawfully or unlawfully, from a point outside New Zealand.

89
Q

Categories of cannabis cultivation

A

Cannabis cultivation is divided into 3 categories:
- cat 1 - a small number of cannabis plants for personal use, without sale to another party intended.
- cat 2 - small scale cultivation for a commercial purpose
- cat 3- large scale commercial growing with a considerable degree os sophistication

90
Q

Definition of emergency for clan labs

A

In hazardous substance act emergency means:
- actual or imminent danger to human health or safety or
- a danger to the environment or chatters so significant that immediate action is required to remove the danger

91
Q

Responses to being in clan lab chemicals

A

Headache
Watery eyes
Burning skin
Nausea
Coughing or choking
Shortness of breath

Drugs Module (1 decks)

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