Drugs Module Flashcards
1
Q
What must evidential transcripts of intercepted communications be?
A
They must be verbatim copy’s of the recorded version of the conversation.
Albeit when presented in Court they will be played in a manner that extra or inadmissible information is not disclosed
2
Q
What is wilful blindness in relation to Importation?
A
When someone has their suspicions aroused as to the chance that their actions make them involved in the importation of a controlled drug BUT they deliberately refrain from making further enquires or confirming their suspicion in order to remain ignorant.
If that is proved the law presumes knowledge on the part of the accused and the fault lies in the deliberate failure to inquire when the accused knows there is reason for inquiry.
3
Q
What does S.29 MODA say about proving usable quantity?
A
Section 29 states that is is not necessary for the Prosecution to prove the fact of usable quantity, unless the defendant raises the issue
4
Q
What must the Prosecution consider when establishing if a controlled drug is of a usable quantity?
A
Whether or not the quantity of drug is usable depends on more than just the size or weight, the nature of the drug and the condition in which it is found are also relevant
5
Q
What is a ‘Tracking Device”
A
Any device that may be used to help ascertain, by electronic or other means, either or both of the following:
-The location of a person or thing
-Whether a thing has been opened, tampered with or otherwise dealt with
6
Q
What is the presumptive weight for possession for supply for controlled drugs not listed in Schedule 5 MODA ?
A
56 grams
7
Q
List four examples of a Class A Controlled Drug?
A
Methamphetamine
Cocaine
LSD
Heroin
8
Q
What Cannabis preparations are considered Class B controlled drugs?
A
Cannabis oil & hashish
9
Q
What are the grounds for withholding intercepted communications?
A
-The information is likely to prejudice the maintenance of law, including the prevention, investigation and detection of offences
-Disclosure of the information is likely to endanger the safety of any person or people
-Disclosure of the information is likely to prejudice the security or defence of NZ
-Disclosure of personal and private information
-Disclosure of privileged information
10
Q
What was held in R v Collister?
A
Circumstantial evidence from which and offenders intent can be inferred can include:
-Their words and actions before, during and after the event
-The surrounding circumstances
-The nature of the act itself
11
Q
When is the offence of Importation under Section 6 (1)(a) complete?
A
The offence of importation does not end when the drugs cross the border, the process of importation continues while the goods are in transit, and only concludes when the goods have reached their final destination and are available to the consignee (R v Hancox)
12
Q
List the three sentencing categories for Cannabis Cultivation
A
Category 1: Growing of small number of plants for personal use without any sale to another party occurring or being intended
Category 2: Small-scale cultivation for a commercial purpose
Category 3: large scale commercial cultivation with a considerable degree of sophistication and organisation
13
Q
What does Section 2 MODA 1975 say about potential possession?
A
Potential possession includes circumstances where a controlled drug is subject to a persons control but is physically in the custody of another”
14
Q
At what point does someone become criminally liable for importation?
A
Criminal liability arises as soon as the drugs cross the NZ border, and an importer may be convicted under section 6 (1)(a) MODA 1975 even if the drugs are intercepted by customs and never reach the intended address
15
Q
Who and why are charges commonly laid under S.12A
(Equipment & Precursors)
A
Charges under S.12A (1) are commonly laid against business who knowingly supply equipment for cultivating cannabis or against ‘pseudo shoppers’ who acquire quantities of pseudoehpedrine to supply meth cooks
Charges under S.12A (2) are commonly laid against people in possession of such items that intend to use them themselves for such purposes
16
Q
What activities are key within the first 24 hours of any telephone investigation?
A
Have the TSP (telecommunication service provider) trap the text messages for all relevant phone numbers. This ensures the data is stored and allows time to apply for production orders under S.6 S&S Act 2012
17
Q
What are the conditions for issuing a SDW?
A
There are reasonable grounds:
- To suspect that an offence has, is or will be committed in respect of which they may apply for a warrant to enter a premise for the purpose of obtaining evidential material of the suspected offence
AND
- To believe that the use of a surveillance device will obtain information that is evidential material of the offence
18
Q
Where are the powers to conduct searches of people, places and vehicles relating to controlled delivery’s under S.12 MUODA 1978 found?
A
Section 81 of the S&S Act 2012 details the powers available to conduct searches of people, places and vehicles for controlled delivery’s
19
Q
What was held in R v Maginnis?
A
“Supply involves more than the mere transfer of physical control, it includes enabling the recipient to apply the thing to purposes for which he desires”
20
Q
Define ‘Distributing’
A
To supply drugs to multiple people
21
Q
List the section and elements for Drug Dealing:
(Supplies, Administer or Offers to Supply or Administer to persons under 18 years)
A
Drug Dealing (Supplies, Administer or Offers to Supply or Administer to persons under 18 years)
-Section 6 (1)(d) MODA 1975
-Supply (or) administer (or) offer to supply (or) offer to administer
-Any Class C controlled Drug
-To any person under 18 years of age
22
Q
Define ‘Controlled Drug’
A
Any substance, preparation, article or mixture specified or described in schedules 1-3 of this Act and any controlled drug analogue
23
Q
What safety considerations must you make when you have made an unplanned entry into a Clan Lab?
A
-Leave the area immediately
-Never touch, handle, move, disconnect or operate anything.
-Never touch, taste or smell chemicals
-Do not shut off water supply to house/dwelling
-Do not smoke in or near Clan Lab
-Do not use radio or cellphone or tools that cause friction
-Do not re-enter premises
24
Q
What was held in R v Hancox?
A
Importation involved active conduct. It does not cease as the aircraft or vessel enters NZ territorial limits.
The process of importation exists from the time the goods enter NZ until they reach their immediate destination or have ceased to be under the control of the appropriate authorities and have become available to the consignee or addressee.
25
What was held in R v Brown regarding the actual making of the offer?
"The making of such an intimation, with the intention that it should be understood as a genuine offer, is an offence"
26
List the section and elements for Drug Dealing:
Sell/Offer to Sell any Class C controlled Drug to person of or over 18 years of age
Drug Dealing (Sell/Offer to Sell any Class C controlled Drug to person of or over 18 years of age0
-Section 6 (1)(e) MODA 1975
-Sells (or) offers to sell
-Any class C controlled drug
-To any person of or over 18 years of age
27
What is a tracking device?
There are two main types of tracking devices:
1. A device that is used to ascertain the location of a person or thing
2. A device that is used to advise if a things has been handled or tampered with
28
What was held in Saxton v Police?
To import includes 'to introduce from abroad or to cause to be brought in from a foreign country"
29
What is a 'Controlled Delivery'
A controlled delivery is when a consignment of illicit drugs is detected in circumstances that make it possible for the delivery of the goods to be made under the control and surveillance of NZ Customs and NZ Police
30
Define giving and when the act of giving is complete?
Giving is the handing over, or in some other way, transferring an item to another person.
The act of giving is complete when the recipient accepts possession or where the drug is placed under the control of a willing recipient
Giving can occur without an active transfer of the drugs - for example where a person passively allows someone to help themselves to a cache of drugs (R v Wildbore)
31
What must the prosecution prove for a charge against S.12 MODA
(Allowing premises or vehicles to be used)
The Crown must prove that the person knowingly permitted any premises, vehicle, aircraft or other mode of conveyance to be used for the purpose of the commission of an offence against MODA
32
List four examples of a Class B Controlled Drug?
Amphetamine
GHB
MDMA
Cannabis Oil & Hashish
Pseudoephedrine
Ephedrine
Morphine
Opium
33
What piece of legislation protects CHIS providing information/
S.64 of the Evidence Act 2006 grants privilege to informers that protects their identity and extends to the information that is likely to reveal that identity
34
What must you do if you make an unplanned entry into a Clan Lab?
Attending staff must not touch, handle, move, disconnect or operate anything.
They must ensure that they:
-Immediately alert all attending staff of clan lab discovery
-Remove persons of interest
-Isolate site and maintain safe perimeter
-Preserve the crime scene
-Contact Duty Inspector or NCO as well as NCLRT
-Seek advice from FENZ about decontamination
-Seek medical advice if necessary
35
Is it an offence under Section 6 MODA 1975 to supply or give a class C controlled drug to a person over 18 years of age?
No under section 6 it is only an offence if the person has sold or offered to sell the class C controlled drug. If the drug is simply handed over or given then they cannot be charges under Section 6, however they may still be liable under Section 7 MODA
36
Define 'Manufacture'
The process of synthesis; combining components or processing raw materials to create a new substance
37
What was held in Police v Emerali?
'Possessing a narcotic does not extend to some minute and useless residue of the substance'
38
What must you consider when identifying a suitable observation point (OP)
First try and identify any staff or 'friendlies' that live in the vicinity of the target address.
Consider:
-Camera OP requirements vs intercept requirements
-Whether SDW is needed to carry out the activities
-The staff having to occupy the OP
39
List the section, elements and punishment for Conspiring to Deal with Controlled Drugs
Conspiring to Deal with Controlled Drugs
Section 6(2A) MODA 1975
-Conspires
-With any person
-To commit an offence against subsection 6(1) of MODA
Punishment:
Class A -14yrs
Class B -12yrs
Class C -7yrs
40
What must the Crown prove for a charge of 'offering to supply or administer'
-The communication 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)
41
What was held in R v Donald
That supply includes the distribution of jointly owned property between its co-owners
42
What does Section 29 MODA say about a defence of mistaken nature of a drug?
Section 29 states that it is not a defence that the defendant did not know the substance in question was the particular controlled drug.
For example if the defendant supplied cocaine believing it to be heroin they would still be liable for supplying cocaine.
43
In what circumstances must you apply for a Surveillance Device Warrant
When you wish to:
-Use a interception device to intercept private communications
-Use a tracking device other than for the purposes of ascertaining if an object has been opened, tampered with or otherwise dealt with AND the installation of the tracking device does not require trespass of goods or land
-observation of private activity within a private premises and any recording of that observation by means of a visual surveillance device
-The use of a visual surveillance device to observe and or record private activity within the curtilage of a private premise, unless it is for less than 3 hours within any 24hr period and for a total of no more than 8hrs
44
The legislation for dealing with people who are believed to be internally concealing drugs is outlined in S.13A MUODA 1978.
Who does this provision apply to?
People who you have reasonable grounds to believe are concealing a Class A or Class B controlled drug and are NOT under arrest.
The power to deal with people who you have reasonable grounds to believe are concealing a Class A, B or C controlled drug and ARE under arrest comes from S.23 S&S Act 2012
45
What was held in R v Forrest & Forrest?
The Crown must produce the best possible evidence in the circumstances to prove the victims age
46
What are the time limits for filing charging documents for offences against MODA?
1. S.289(a) States you may file charging documents at any time for offences of: dealing, cultivating, aiding offences against corresponding law in other countries
2. S.28(b) states that you have up to four years from the time the offence was committed to lay charging documents for all other offences
47
Define why a drug is considered a class A controlled drug?
A class A controlled drug is any drug listed in schedule 1 of MODA 1975.
Class A controlled drugs are those drugs considered to pose a very high risk of harm to individuals and society
48
Define 'Importation'
The Customs & Excise Act 2018 defines importation as:
'The arrival of goods in New Zealand in any matter whether lawfully or unlawfully, from a point outside New Zealand'
49
Define 'Produce'
To bring something into existence from its raw materials or elements
50
Section 3 of the Bail Act 2000 defines a Drug Dealing Offence as:
Any offence against S.6 or 12(c)(1)(a) of MODA involving a class A or B controlled drug
AND
any attempt to commit an offence referred to above
51
List the section elements for Drug Dealing -Producing/Manufacturing
Drug Dealing (Producing/Manufacturing)
Section 6 (1)(b) MODA 1975
-Produce (or) manufacture
-Any controlled drug
52
What Act is the legislation regulating the use of needles and syringes found?
Health (Needles and Syringes) Regulations Act 1998
53
Define 'Visual Surveillance Device'
Any electronic, mechanical, electromagnetic, optical or electro-optical instrument or equipment that is capable of being used to observe and or record a private activity
54
What does S.17A of the Bail Act 2000 state regarding bail for drug offences?
S.17A Restricts Bail for those charged with a serious Class A Drug Offences. It states:
-Anyone who is over the age of 18 years (or)
-Aged 17 years and is charged with the offence in the High or District Court
-May not be granted bail or allowed to go at large UNLESS they can satisfy the Judge that bail or remand at large should be given
(reverse onus)
55
Who is an informer?
An informer is a person who has voluntarily or for reward provided information to Police concerning the possible or actual commission of an offence, in circumstances in which they have a reasonable expectation that their identity will not be disclosed.
This includes members of Police working under cover
56
List situations where a controlled delivery may occur?
Controlled Delievry's may occur when illicit drugs are located:
- Inside a mail article at the International Mail Centre
-At the international airport either located on a courier using body packaging or concealed in luggage
-Within a freight consignment, either commercial or private,via air freight
-Within freight imported via sea
-In freight that is being transited through NZ, either by air or sea, but has a different final destination
-Hidden on board, or attached to, a commercial vessel
57
What was held in R v McGinty in relation to the refusal of a warrant?
" A Judge is not required to refuse a warrant because Police have not exhausted every conceivable alternative investigation technique"
58
What must the Crown prove in cases of drug possession?
That the defendant had:
-Knowledge that the drug exists
-Knowledge that it is a controlled drug
-Some degree of control over it
-An intention to possess it
59
Detail the four stages of the bail application process for Drug Dealing offences?
1. Application for bail must be made before a District or High Court Judge by the defendant's counsel
2. The OC should forward their views on bail to the prosecutor whether bail is opposed or not (provides the crown prosecutor a 'fallback' position should the defendant be bailed)
3. If bail is opposed full and detailed reasons should be given, including any affidavits in support of the grounds for opposing bail
4. The Judge will then remand the defendant for a case review hearing date or whatever is considered appropriate
60
What is the defence to a charge under S.9 MODA?
(Cultivates Prohibited Plant)
It will be a defence to a charge under S.9 of MODA if the defendant can prove that:
1. The prohibited plant they cultivated was of the species Papaver Somniferum
2. That it was not intended to be a source of any controlled drug
3. Was not being developed as a strain from which a controlled drug could be produced
61
What must the Crown prove for under Section 6(1)(a) of Importation?
The Crown must not only prove that the defendant's conduct in some way contributed to the actual importation of the drug, but also that they had guilty knowledge.
This will involve proof that the defendant:
-knew about the importation (AND)
-knew the imported substance was a controlled drug (AND)
-intended to cause the importation
62
List some internal & external indicators of a Clan Lab?
Outside:
Chemical odours coming from building or rubbish
Exhaust fans running at odd times
Frequent visitors at odd hours
Windows blackened out and curtains always drawn
Expensive security and surveillance gear
Inside:
Laboratory glassware
Containers with two layered liquids in them
Used coffee filters containing white pasty or reddish brown substance
Baking dishes with white crystalline substance inside
63
What are the two different ways to deliver a Drug exhibit to the analyst for analysis?
1. Exhibit may be delivered in person to the analyst or a person authorised by the analyst to receive it
2. Exhibit may be delivered 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
64
Define 'Private Communication'
Any communication whether oral, written or via telecommunication made under circumstances where it is reasonable to expect that the communication is confined to the parties involved.
Excluding any communication occurring in circumstances where any party in the communication could expect that the communication may intercepted by some other person without express or implied consent of any party to do so
65
List items that may provide evidence of importation that should be looked for during any search warrant post a controlled delivery
-Track & trace receipts
-Correspondence
-Computers, cellphones
-Email
-Contact lists/numbers
-Packaging from previous imports
66
Define 'Supply'
To furnish or provide something that is needed or desired
67
What activities under s.47 S&S Act 2012 do NOT require a SDW?
-An enforcement officer recording what he or she observes and hears whilst lawfully in a private premise without the use of a surveillance device
- The covert audio recording of a voluntary oral communication between two parties where at least one of the parties has consented to the recording
-The use of a SD covered under any other enactment in this Act
68
What must the prosecution prove in regards to knowledge for a charge under S.12A (2)
The Crown must prove:
1. The the defendant has the equipment, material or precursors in their possession
2. That those items are capable of being used in the production or manufacture of controlled drugs or the cultivation of prohibited plants
3. That the defendant (or) some other person intended to use those items for such an offence
69
What is the difference between 'producing' and 'manufacturing'?
Producing can be described as changing the nature of the substance, whereas manufacturing can be described as creating a new or different substance from the original materials
70
What must the Crown prove involving a conspiracy to import a controlled drug into NZ?
Where there is a conspiracy to import controlled drugs into New Zealand and the agreement or unlawful acts are carried out in a foreign country, the Crown must prove that the defendant has done something inside New Zealand to complete the conspiracy for it to be within the jurisdiction of the New Zealand Courts
71
List the presumed amounts for five drugs required under Schedule 5 MODA 1975 to be presumed for supply
Heroin = 0.5 grams
Cocaine = 0.5 grams
Meth = 5 grams
MDMA = 5 grams
72
In what circumstances must you have a Surveillance Device Warrant under S.46 S&S Act 2012 for the use of a tracking device?
-For any use of a tracking device, EXCEPT where a tracking device is used solely for the purpose of ascertaining whether a thing has been opened, tampered with or otherwise handled and does not require the trespass of land or goods
73
What does the Crown have to prove in relation to an offer to supply/administer?
They must prove that the defendant intended the other person to believe the offer.
HOWEVER they do not have to prove that they actually had the ability to supply the drugs
74
What circumstantial evidence can an offenders intent be inferred from in drugs cases?
-Admission made by the offender
-Circumstantial evidence (packaging, cash, scales, tick lists)
-Statutory presumption under Section 6 (6)
75
Define why a drug is considered a class B controlled drug?
Class B controlled drugs are found in schedule 2 of MODA 1975
They are deemed as having a high risk of harm to individuals and society
76
What must the prosecution prove in regard to cannabis preparations under S.29B MODA?
It is for the prosecution to prove that the preparation to which the charge relates contains tetrahydrocannabinols
77
What was held in R v Cox in relation to possession?
Possession involves two elements; physical & mental
Physical possession is actual or potential custody or control over something.
The mental element is a combination of knowledge and intention. Knowledge in the sense of an awareness on the part of the defendant that they are in possession and an intention to exercise that possession.
78
Who leads Controlled Delivery Investigations
The power to undertake a controlled delivery is vested in a Customs Officer only, under S.12 MUODA 1978.
Police assist customs and make any subsequent arrest and prosecution of offenders
79
What was held in R v Brown regrading the circumstances an offer may be made in?
The defendant is guilty (of offering) in these circumstances:
1. Offers to supply a drug that he has on hand
2. Offers to supply a drug that will be procured at some future date
3. Offers to supply a drug that he mistakenly believes he can supply
4. offers to supply a drug deceitfully, knowing he will not supply the drug
80
List three examples of a Class C Controlled Drug?
Cannabis Plant
Cannabis Seeds
Controlled Drug Analogues
81
Define 'Usable Quantity of a Controlled Drug'
A usable quantity of drug must be measurable and usable
(Police v Emirali)
82
What 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 their part will be presumed.
However if there is evidence that the accused honestly believed on reasonable grounds that their act was innocent, they are entitled to be acquitted , unless the jury can be satisfied beyond a reasonable doubt that this was not so.
83
Define 'Conspiracy'
A criminal conspiracy consists of an agreement between two or more people, having a common intention and design, to commit an offence
84
Define 'Controlled Drug Analogue'
Any substance that has a structure substantially similar to that of any controlled drug, including those substances found in part 7 of schedule 3 MODA
85
List situations where a controlled delivery may occur?
Controlled Delievry's may occur when illicit drugs are located:
- Inside a mail article at the International Mail Centre
-At the international airport either located on a courier using body packaging or concealed in luggage
-Within a freight consignment, either commercial or private,via air freight
-Within freight imported via sea
-In freight that is being transited through NZ, either by air or sea, but has a different final destination
-Hidden on board, or attached to, a commercial vessel
86
What does S.6(6) state regarding statutory presumption?
A person is presumed to be in possession of a controlled drug for any of the purposes set out in (c), (d), (e) if they are in possession of the controlled drug at a quantity that is presumed to be for supply as set out in section 2(1A) MODA 1975
87
What are the two options for Controlled Delivery's
1. A 'clean controlled delivery' is when the drugs are removed from the consignment. This eliminates the risk of the drugs being lost but only enables Police to potentially charge for importation or conspiracy offences.
2. The other option is to leave an amount of the drugs within the consignment and replace the rest with a substitute. This allows Police to potentially charge for 'possession for supply' but carry's greater risk as the drugs left within the consignment must be recovered upon termination
88
Discuss intent in a criminal law context?
There are two types of intent in a criminal law context:
The intention to do a deliberate act & the intent to get a specific result
89
What does Section 6 (5) MODA 1975 say in regards to selling/supplying?
It states that it is presumed that in the absence of evidence to the contrary a drug supplied to a person over 18 years of age has been SOLD to that person
90
What must the prosecution prove in regards to knowledge for a charge under S.12A (1)
The Crown must prove:
1. That the defendant has supplied produced or manufactured equipment, material or precursors
2.That the items are capable of being used in the production or manufacture of controlled drugs or cultivation of prohibited plants
3. That the defendant did so knowing that the equipment, material or substance was to be used for the commission of a crime against the Act
91
When is the offence of 'Producing (or) Manufacturing' complete?
When the prohibited substance is created, whether or not it is in a usable form
92
What constitutes a 'serious offence' where trespass surveillance may occur to use a visual surveillance device?
A serious offence in relation to trespass surveillance is an offence punishable by 7 yrs imprisonment or more
93
What class of controlled drugs is a 'controlled drug analogue' considered?
Any controlled drug analogue is classed as a Class C Controlled Drug, no matter the class of the controlled drug they resemble
94
What is the difference between a charge of obstruction under MODA and SOF Act 1981
A charge of obstruction under MODA 1975 relates specifically to obstructing ANYONE who is exercising a power pursuant to MODA, whereas a charge of obstruction under SOF Act 1981 relates only to the obstruction of Police Officers or anyone directed to assist a Police officer whilst acting in the course of his or her duty
95
What was held in R v Rua?
"The words 'produce' or 'manufacture' broadly cover the creation of controlled drugs by some form of process which changes the original substances into a particular controlled drug"
96
List the section and elements for Drug Dealing:
Possession of Controlled Drugs for Supply
Section 6 (1)(f) MODA 1975
Drug Dealing (Possession for Supply)
Section 6 (1)(f) MODA 1975
-Have in his possession
-Any controlled drug
-For any of the purposes set out in paragraphs (c),(d) or (e) of Section 6 (1) MODA 1975
97
Define why a drug is considered a class C controlled drug?
Class C controlled drugs are found in schedule 3 of MODA 1975
They are deemed as having a moderate risk of harm to individuals and society
98
How can an offer be made?
An offer may be conveyed in any manner, including by words, writing or gestures
99
Define 'Controlled Drug'
Any substance, preparation, mixture, or article specified or described in Schedule 1-3 of this Act, including any controlled drug analogue
100
What does S.16 of the Bail Act 2000 state regarding bail for drug offences?
A defendant who is charged with a drug dealing offence may only be granted bail by a High Court or District Court Judge
101
When & how must a certificate of evidence be delivered to Defence?
A certificate of evidence may be delivered to a member of the defendants family or their solicitor
It must be delivered within 7 clear days before the hearing
Must be proved to have been served either through oral evidence or a constables endorsement which complied with S.29 Summary Proceedings Act 1957
102
List the section and elements for Drug Dealing (Supplies Class A or Class B Controlled Drug)
Drug Dealing (Supplies Class A or Class B Controlled Drug)
Section 6 (1)(c) MODA 1975
-Supplies (or) administers (or) offers to supply (or) offers to administer (or) otherwise deals in
-Any class A (or) Class B controlled drug
-To any other person
103
Can more than one person be jointly charged for possession to supply?
Yes, more than one person who has access to a saleable quantity of drugs may be jointly charged with possession.
However you must prove that both party's had a shared intention to sell the drugs
104
Name the three stages of Clan Labs?
1. Extraction
2. Conversion
3. Synthesis
105
List the section, punishment and elements for Importation
Importation/Export of Controlled Drug
S. 6(1)(a) MODA 1975
(Life- Class A) (14yrs -Class B) (8yrs -Class C)
-Import into (or) export from New Zealand
-Any controlled drug
106
What was held in 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 person, drugs of a kind prohibited by statute"
107
What is the defence to possession for supply based on the presumptive amount?
The presumption that the drug is for sale or supply may be rebutted if the person is able to prove on the balance of probabilities, that they did not intend to commit a dealing offence, not with standing the amount
108
Define 'Sell'
When a quantity of drug is exchanged for some valuable consideration
109
What are the circumstances in which a SDW may be used without warrant as per S.48 S&S Act 2012
In situations of urgency or emergency where the offence is:
-Punishable by 14 yrs or more imprisonment
-Certain Arms Act 1983 offences
-Certain drug offences
-Likely to cause serious injury or serious property damage to any person or property and surveillance is required to prevent further offending
-Presenting risk to life and safety and surveillance is necessary as an emergency response
110
When is a certificate of evidence considered admissible?
1. When the defendant is served at least 7 days before the hearing and provided with a copy of the analysts 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
111
What are the different types of surveillance devices?
A device that is:
1. An interception device
2. A tracking device
3. A visual surveillance device
112
Where are the emergency powers for entry, search & seizure found for controlled delivery's?
Section 81 of S&S Act 2012
113
Is evidence of offences other than those detailed in the application for the SDW obtained using a SD admissible in court?
Yes S.57 S&S Act 2012 states that the evidence is admissible as long as a SDW could have been obtained for the offences for which the evidence has been obtained i.e evidence of drug dealing obtained during a homicide investigation
114
Define 'Controlled Drug Analogue'
Any substance that has a structure substantially similar to that of any controlled drug, other than the exceptions found in Section 2 MODA
115
Section 2 of MODA 1975 defines 'supply' as?
Supply includes distribute, give and sell
116
For electronic investigations what are drug dealing offences?
Any offence against S.6 MODA which involves Class A, B or C controlled drugs and certain offences under the Psychoactive Substances Act 2013
117
Define 'Interception Device'
Any electronic, mechanical, electro magnetic, optical or electro-optical instrument or equipment that is capable of intercepting or recording a private communication. NOT including a hearing aid or similar device that corrects subnormal hearing
118
What are some things you should consider when profiling an address for a controlled delivery?q
Occupants
Council Plans
Telecommunication/Utility Providers
Landlord/Owner
Security -cameras, locks, fortification
119
Define 'Control'
To exercise authoritative or dominating influence or command over something
120
Define 'Administer'
To introduce a drug directly into another persons system
121
When is the offence of produce/manufacture complete?
When the controlled substance is created, whether or not it is in a usable form
