Drugs - CIB011 Flashcards
List 5 class A drugs listed as listed in schedule 1
Cocaine Heroin LSD Meth Magic mushrooms
List 4 class B as described in schedule 2
GHB(fantasy)
MDMA (ecstasy)
Morphine
Opium
List 3 class C as described in schedule 3
Cannabis plant
Cannabis seed
Controlled drug analogues
What are 4 ways offering to supply can include explain R v Brown
R v Brown
Offers to supply a drug that he has on hand
Offers to supply a drug that will produced at some date
Offers to supply a drug that he mistakenly believed he can supply
Offers to supply a drug knowing he not will not supply that drug
What are the specified amounts listed in schedule 5
28grams - cannabis plant
5 grams - cannabis resin, meth, MDMA
0.5 grams - herion, cocoaine
2.8 milligrams - LSD
What 3 points need to be covered for imports
Imports-S2 customs and excise act 96
Saxton v police
R v hancox
What 4 points need to cover for exports
Time of exportation-S53 customs and excise act 96
Must prove guitly knowledge
R v strawbrigde
Useable amount
What is any controlled drug
Controls drug-S2 MODA75
Means any substance specified or desired in schedule 1,2 or 3 of this act it includes any drug analogue
What are the keys points need to covered for produce or manufacture?
1- manufacture or produce 2- R v Rua 2- Complete 2- Must prove guitly knowledge 2- R v strawbrigde 2- Police v emerali 3 - controlled drug s2 MODA 75
What 4 things need to covered for OFFERS
Offers
R v during
R v brown
Supply-S2 MODA 75
What is definition of class A controlled drug
- means any controlled drug specified or described in schedule 1 of this act
What is definition of class B controlled drug
- means any controlled drug specified or described in schedule 2 of this act
What is definition of class C controlled drug
- means any controlled drug specified or described in schedule 3 of this act and includes any controlled drug analogue
What type of offence has to be committed in order use a surveillance device for interception or trespass under SS act 2012?
- an offence punishable by a term of imprisonment of 7 years or more or certain sections of the arms act 83
What is the time limit for laying charges for MODA 75 offences?
- Section 28a allows you to file charges at anytime for S6,9 or 11 offences
- Section 28b is 4 years after the offence date for any other MODA offence
Who can bail a person charged with dealing class A and has previous convictions for dealing class A
- bail may be granted by order of high court judge or district court judge
Who can call landslide when a clan lab has been discovered?
- any member of the initial entry team
What is the difference between produce or manufacture?
- producing is changing the nature of the original substance
- manufacture is creating a different substance from original materials
Explain R v Hancox?
R v Hancox
- When the goods enter NZ and reach their I’mmediate destination. The item is no longer under the control of the appropriate authorise and become avaliable to the consignee or addresse
What is presumptive amount for LSD
2.5 milligrams or 25 tabs
Who must prove the drug seized was a useable amount?
- While it is necessary the amount is of a usable amount under S29A it not necessary for the prosecution to prove that unless the defendant put that in issue
A person has been arrested for a drug related offences and you suspect that he is concealing drugs internally can you search him under S13A MODA 75?
- No s13A the person must not be under arrest you need to consider using s23 of SS ACT 2012
What was held in R v Rua
- The word produce or manufacture broadly covers the creation of controlled drug by some form of process which changes the original substances.
What are the 4 elements for use of premise or vehicle under S12 MODA 75
1- Every person commits an offence against this act
2- who knowingly permits
3- any Premise, vessels, aircraft, hovercraft, motor vehicle or any other mode of convenience
4- to be used for the purpose of the commission of an offence against this act
What the 3 elements for obstruction s16 MODA75
1- every person commits an offence against this act
2- who wilfully obstructs, hinders, resists or deceives any other person
3- in the execution of any powers conferred on that other person pursuant to this act
What must the crown prove for a charge of importing?
Guilty knowledge
- defendant knew about the import
- knew the substance was a controlled drug
- intended to causes the import
Are CHIS required to be identified in a search warrant?
- S64 of the Evidence act 06 grants privilege to informers that protects thier ID and information that could disclose thier ID
- you are not required by law to name the CHIS good practise is to use thier code name
Explain R v McGinty
R v McGinty
- disclosure of the ID of the informants was not required and the trial judge was right in deleting from the application parts that could lead to the ID of informants. However the judge was entitled to insist on disclosure if he saw fit.
Can you be charged with attempted possession?
Yes It is offence to attempt to gain possession of a drug. A charge which covers someone obtaining something in the mistaken belief that is was a drug
Explain Police v Jay
Police v Jay
- The commission of the offence of receiving cannabis was not legally impossible but in the circumstances it was factually impossible. As the defendant had criminal intent and did an act for the purpose of accomplishing his intent so he was guilty of an attempt to commit an Offence.
There are 2 options of controlled deliveries. Explain option 1? No drugs left
A clean controlled delivery where no drugs are left within the consignment. This eliminates any risk of the drugs being lost. It also gives freedom in organising surveillance and reduces the risk of alarming targets. However at the termination only importation and or conspiracy charges are likely.
There are 2 options of controlled deliveries. Explain option 2? Leave some drugs
Leave an amount of the drug in the consignment to give the option of charging the offender with a possession for supply charge. It gives the availability to use emergency powers should the drug be moved to a person or place that is not covered under the warrants. The remainder of the drugs are substituted.
What are some of the ways controlled deliveries can occur?
International Mail centre = Inside a mail article
International airport = arriving courier using body packing, internal concealment or concealed in luggage
Imported air freight = in a freight consignment either commercial or private
Imported sea freight = Same as air freight but by sea
Arriving commercial vessel = Hidden on board or attached to a vessel that is unloading or picking up cargo
What is a controlled delivery?
- A controlled delivery occurs when drugs are detected, often concealed in other goods. Making it possible for the delivery of those goods to be made under the control and surveillance by NZ Custom and the Police, with a view to obtain evidence against those involved in the import/export.
Jill and John are in a rock solid relationship held together by their constant drug taking. One night John comes home and offers Jill some meth that he has with him. Jill willing accepts the meth and they spend the next hour smoking meth together.
Complete a CL
Supply Class A Controlled drug
Section 6(1)(c) MODA 75
life
1 - Supplies
2 - Class A controlled drug
3 - To any person
What are the drug offences plus the sections
Import/export - S6(1)(a) MODA75
Produce/manufacture - s6(1)(b) MODA75
Supply/administer/offer to supply class A or B - s6(1)(c) MODA 75
Supply/administer/offer to supply class C to under 18 - s6(1)(d) MODA75
Sell or offers to sell class c to over 18 - s6(1)(e) MODA75
Possession of controlled drug for supply/administer/sell/offer - s6(1)(f) MODA75