Drugs Practice Questions Flashcards
What is the definition of a controlled drug?
Means any substance, preparation, mixture, or article specified or described in Schedule 1, Schedule 2, or Schedule 3; and includes any temporary class drug and any controlled drug analogue.
What is the definition of Class C controlled drug?
Means the controlled drugs specified or described in Schedule 3; and includes any temporary class drug and any controlled drug analogue.
When is the offence of manufacturing complete?
Once the prohibited substance is created, whether or not it is in a useable form.
What does a serious offence in relation to trespass surveillance relate to?
An offence punishable by 7 years imprisonment or more (or against certain sections against the Arms Act)
What is the time limit for laying S6 drug offence?
There is no time limit.
What are the time restraints under S31 MODA1975 re evidence of analyst?
There are some time restraints under this section where the defendant must be given a copy of the the analysts certificate and written notice the analyst will not be called at least 7 days before the hearing. The defendant has to give at least 3 days written notice that they wish the analyst to be called.
Who can call “landslide” in a clan lab?
Any member of the initial entry team.
Who leads the controlled drug delivery operation?
Customs
How many days can a surveillance warrant be in force?
60 days.
What is the difference between ‘obstruction’ in summary offences act and MODA1975?
Under MODA, it is ‘Obstruct anyone in the execution of power under MODA1975’.
What is the presumption for supply LSD?
2.5milligrams or 25 flakes.
Who must complete delivery of an exhibit to ESR?
Must be in person by police (not by normal post or member of public).
John gave his friend an ‘analogue’ of meth, is he guilty of supplying class A or class C or something else?
John is guilty of ‘something else’.
Ephedrine/pseudoephedrine are scheduled both as Class B controlled drugs in Schedule 2 and precursors in Schedule 4.
Jenny met a new boyfriend overseas who later gave her a new suitcase with drugs inside but she did not bother to check it before went through customs - is she guilty of importation?
Yes - wilful blindness.
In terms of proving guilty knowledge, proof that the defendant deliberately turned a blind eye to the facts will suffice.
What is the definition of a dealing offence in relation to electronic operations?
Under S6 which involves Class A or Class B only.
Who can bail a person charged with manufacturing meth?
High Court Judge only.
When is importation complete?
Irrelevant if it is available to consignee.
R v Hancox: The element of importing exists form the time the goods enter NZ until they reach their immediate destination. Ie. when they cease to be in the control of the appropriate authorities and have become available to the consignee or addressee.
Difference between produce and manufacture?
Producing can be described as changing the nature of the original substance, and manufacturing is creating a difference substance from the original materials.
Who proves if drug is usable?
Under Section 29A - not prosecution unless defendant puts the matter in issue
What is the definition of supply?
To distribute, give, sell
What is the definition of Class B controlled drug?
Class B controlled drugs are described in schedule 2 and poses a high risk of harm to individuals.
- cannabis oil
- amphetamine
- MDMA (ecstasy)
- morphine
A person is arrested for a drug dealing related offence, suspect that he is possibly concealing drugs internally, can you search that person under 13A MODA75?
No RGTB he is concealing drugs not suspect.
S23 would be better as thats ‘Internal search of person under arrest for offence against section 6, 7, or 11 of Misuse of Drugs Act 1975’.