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Induction + Modules > Drugs SA > Flashcards

Drugs SA Flashcards

1
Q 
Presumption For Supply Amounts
Heroin
Cocaine
LSD
Meth
MDMA
Cannabis Resin
Cannabis Plant
A 
Heroin - 0.5g
Cocaine - 0.5g
LSD - 2.5mg or 25 tabs
Meth - 5g
MDMA - 5g or 100 tabs
Cannabis Resin - 5 grams
Cannabis Plant - 28grams or 100 tinnies
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2
Q

Who can bail a person charged with manufacturing Meth

A

High Court Judge

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3
Q

Time limit for laying charges for sec 6 Drug dealing offences

A

No time limit

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4
Q

when is importation complete

A

one that states it is irrelevant if it is available to the addresse
When they reach final destination

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5
Q

Difference between produce and Manufacture

A

Produce - Bring something into being or something into existence from its raw materials or elements

Manufacture - The process of synthesis, the combining of components or the processing of raw materials to create a new substance

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6
Q

Who proves if a drug is useable?

A

Prosecution if the defendant puts the matter in issue

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7
Q

Definition of Supply

A

Distribute sell and give

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8
Q

Two methods two deliver drugs to ESR

A

In person

By registered Post

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9
Q

Sec 16

Obstruction

A
  • Everyone 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.
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10
Q

R v Strawbridge

A

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.

defendant claimed she did not know the plants she had cultivated were cannabis

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11
Q

R v During

A

OFFERS TO SUPPLY
“[An offer is] an intimation by the person charged to another that he is ready
on request to supply to that other, drugs of a kind prohibited by the statute”.

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12
Q

R v Brown

A

OFFERING TO SUPPLY
· 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 mistakenly believes he can supply
· offers to supply a drug deceitfully, knowing he will not supply that drug

defendant charged with offering LSD even when upon testing the tabs had no LSD.

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13
Q

What Three things to prove for guilty knowledge

A

This will involve proof that the defendant:
· knew about the importation/exportation, and
· knew the imported/exported substance was a controlled drug,
and
· intended to cause the importation/exportation

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14
Q

Health Regulations Act reg 11

what are the three offences

A

(a) Offers to any other person, for use by that other person, a used needle or used syringe;
(b) Accepts for use a used needle or used syringe;
(c) Disposes of a needle or syringe in a public place

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15
Q

Ingredients for Supply Class C under 18 years

A 
Section 6(1)(d), MODA 1975
8 years
  • Supplies or Administers OR Offers to Supply OR Offers to administer OR Otherwise deals in
  • Class C controlled drug
  • To any person under the age of 18 years old
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16
Q

5 Clan Lab signs from the outside

A
  • Chemical Odours coming from building
  • Exhaust fans running at odd times
  • Frequent visitors at odd hours
  • Windows blacked out
  • People coming outside only to smoke
  • Occupants unfriendly, appear secretive
  • Expensive security Gear
  • Access denied to visitors
  • Rubbish containing large amount of cold medication
  • Bottles, plastic containers with labels removed
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17
Q

Ingredients for Allowing Premises

A

Section 12, MODA 1975
10 yrs / 7 yrs / 3 yrs

  • Everyone who
  • knowingly permits
  • any premise, vessel, aircraft, hovercraft, motor vehicle, or other mode of conveyance
  • to be used for the purpose of the commission of an offence against this act
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18
Q

discuss Option 1 and 2 for controlled deliveries

A
  1. Clean controlled delivery - no drugs are left in the consignment - only conspiracy or importation charges available
  2. Leave an amount of drug in the consignment - allows charge of possession and emergency search powers - needs more security
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19
Q

Equipment, material, and substances used in production or cultivation of controlled drugs

A

Section 12A, MODA 1975
7 yrs / 5 yrs

(1)

  • Everyone who
  • Supplies, Produces or manufactures
    (a) Any equipment or material capable of being used in or for the commission of an offence against section 6(1), OR
    (b) Any precursor substance
  • knowing that the equipment, material, or substance is to be used in, or for, the commission of an offence against those provisions.
(2)
- Everyone who
- has in his or her possession
(a) Any equipment or material capable of being used in or for the commission of an offence against section 6(1)
OR
(b) Any precursor substance
  • with the intention the equipment, material or substance is used in the commission of an offence
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20
Q

Difference between 13A MODA 75 and Sec 23 S & S Act 2012 - internal searches

A 
13A MODA 75
For dealing with people believed to be concealing class A or B. Police or Customs can request a warrant from a Judge to detain

23 S & S Act 2012
Any class.
People being searched must be under arrest for specific offences.
Must be made by a Constable

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21
Q

Criteria for sec 51 Surveillance device warrant

A
  • RGTS offence has/will/is being committed
  • Offence would authorise enforcement officer to apply for a warrant to enter premises to obtain evidence
  • RGTB surveillance device will obtain information that is evidential material
  • section 45 does not prevent issuing of warrant
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22
Q

Clan Lab safety considerations

A
  • Leave the area
  • Do not touch, taste or smell
  • do not attempt to stop chemical reaction
  • do not shut off water
  • do not smoke
  • Do not use tools, radios, cell phones
  • do not re enter
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23
Q

3 steps for using certificate of analysis instead of ESR

A
  • defendant is served 7 days before hearing and provided with a copy
  • the defendant does not give written notice for the analyst to be called, at least 3 days before hearing
  • the court does not request oral evidence of thehearing.
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24
Q

What must you prove to rebut section 6(6) presumption for supply?

A

That the amount of the drug was not intended for supply

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25
Q

Offering to Supply or administer, what two elements must be proven

A
  • Communicating of an offer to supply or administer a controlled drug (actus reus)
  • an intention the other person believes the offer to be genuine (mens rea)
26
Q

Controlled Drug

A

Means any substance, preparation, mixture or article specified or described in Schedule 1, Schedule 2, or Schedule 3 of this Act and includes any controlled drug analogue.
SEC 2 MODA 1975

27
Q

Class c Controlled Drug

A

Means the controlled drugs specified or described in Schedule 3 to this Act,
and includes any controlled drug analogue.
SEC 2 MODA 75

28
Q

When is offence of manufacturing complete

A

When the substance is created, doesnt need to be useable

29
Q

What offence for a surveillance device for interception or trespass

A

Serious offence

7 years or more

30
Q

Who can call a landslide in clan lab

A

any member of initial entry team

31
Q

4 things to consider with an OP for controlled delivery

A
  • Suitable location
  • Camera OP requirements
  • whether surveillance device warrant required under S & S act 2012
  • the staff having to occupy the OP
32
Q

90 second rule in a clan lab

A

If the offenders are present and moving in the laboratory then the atmosphere will sustain life.
Initial Entry Team has 90 seconds to enter and extract suspects

33
Q

4 ways a controlled delivery could come about

A
  • International mail centre
  • International Airport (arriving person carrying drugs)
  • Imported air or sea freight
  • Tran-shipped air or sea
  • Arriving commercial vehicle
34
Q

3 things that must be proven for supply equipment

A
  • The defendant supplied/produced/manufactured equipment/material/precursor
  • those items are capable of being used in the production or manufacture
  • Defendant knows those items are to be used for such an offence
35
Q

4 times when a surveillance device warrant is required

A

Sec 46 S & S Act 2012

  • interception device used to intercept private communication
  • use of tracking device
  • observation and recording of private activity in private premises with visual surveillance device
  • use of surveillance device that involves trespass to land or goods
  • observation/recording of private activity in the curtilage or private premises with visual surveillance device and duration exceeds 3 hours in 24 hour period or 8 hours in total
36
Q

Sec 16 Bail Act 2000

A

Defendant is charged with Drug dealing can only be bailed by a High Court Judge or District Court Judge but not otherwise

37
Q

Sec 3 MODA 75

Definition of Drug Dealing offence

A

Sec 6 or 12C(1)(a) MODA 75 in relation to Class A or B or an attempt

38
Q

12 things you must do for initial action at clan lab when CYPS are located

A
  • Remove CYP
  • Assign officer to look/monitor CYP
  • Assessment of CYP for injury/illness
  • Request for OT attendance at the scene
  • Distribute Protective Equipment to OT staff and decontamination kit to CYP
  • Most appropriate decontamination for CYP
  • Photograph CYP at the scene
  • Recording of physical condition of CYP
  • Record mental state of CYP
  • Consider swabbing CYP for chemical residue
  • Secure clothing worn by CYP
  • Prelim interview with CYP
39
Q

Things to cover in initial interview with CYP at clan lab

A
  • Basic health questions, headache, nausea etc
  • Occupants details
  • Details of other siblings
  • Sleeping arrangements
  • Playing/eating areas
  • School details
  • Name of doctor
  • Knowledge of drugs
40
Q

Who leads controlled drug delivery operation

A

Customs

41
Q

How many days can a surveillance device warrant be in force

A

60

42
Q

Difference between Obstruction in Summary Offences and MODA 75

A

In MODA 75, Obstructs anyone in the execution of power under MODA 75

43
Q

John gave his mate an analogue of meth - guilty of supply class A or C

A

C

44
Q

Didnt check luggage that was given to her - guilty of importation?

A

yes

45
Q

first priority when at clan lab

A

staff and public safety

46
Q

Police v Rowles

A

Where guilty knowledge is an ingredient of a charge a person cannot be in possession which he mistakenly but honestly believes he doesn’t have

47
Q

R V RUA

A

The words “produce” or “manufacture” in s 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.

There is not two separate and distinct crimes, one must be chosen

48
Q

Does a CHIS have to be named in a warrant?

A

Sec 64 Evidence Act 2006
Grants privilege to informers that protects their identity. Not required by law, use code name.

R v McGINTY
Disclosure of identity is not required at Trial Judge was correct to delete certain parts of the application

49
Q

Police v Jay

A

Guilty
Commission of offence of receiving cannabis is not legally impossible even if factually impossible as defendant had criminal intent.
Took possession of hedge clippings believing them to be cannabis.

50
Q

Controlled Delivery definition

A

When consignment of illegal drugs is detected, often concealed. Delivery of the goods made under the control and surveillance of NZ Customs and Police Officers with a view to ID those involved and secure evidence.

51
Q

R v HANCOX

A

The element of importing exists from the time the goods enter New Zealand 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 addressee”.

Importation ended when delivery of MDMA reached letterbox, Woman who cleared letterbox not guilty as she did not assist importation.

52
Q

4 things that must be done in first 24 hours

O/C Phones

A
  • At service provider, “trap” phones to maximize opportunity to retrieve messages.
  • Establish effective working relationship with Telecommunications service provider
  • Production Order Application
  • Draft Search warrant application
  • Execute s6 search warrants daily
  • In emergency situations, warrant not needed
  • Attribute phone and number to offender during interview
53
Q

4 points for unplanned entry to clan lab

A
  • Immediately remove persons of interest
  • Isolate site and maintain safe perimeter
  • preserve crime scene
  • Notify duty inspector or NCO, contact NCLRT and fire service
  • seek advice from NCLRT about decontamination
  • staff who entered address and occupants to remain separated until after decontamination
  • seek medical advice if suffer adverse effects
54
Q

What points to consider when profiling the addresse of a controlled delivery

A
  • Previous Occupiers
  • Real person or fake name
  • connections to delivery address
  • relevant convictions / notings
  • Travel
  • Bank accounts
  • photographs
  • Police Intelligence available
  • suspects knowledge of covert techniques
  • other agency intelligence
  • financial profile
  • family members
  • business associations
  • tracking device for vehicles
  • risk assessment
55
Q

Section 28

time limits for all offences

A

Dealing + cultivation + aiding offences in other countries = no limit

any other offence = 4 years after date offence was committed

56
Q

Signs of a clan lab

interior

A
  • Laboratory glassware
  • containers with clear liquids with chalky colored solid on bottom
  • containers with two layered liquids
  • Used coffee filters containing white paste or brown substance
  • Baking dishes containing crystal substance
  • Hot plates near chemicals
57
Q

What evidence to look for in a Search Warrant involving controlled deliveries

A
  • Track and Trace receipts
  • Correspondence
  • Computers and phones
  • emails
  • contact lists
  • packaging from previous imports
  • money and financial records
  • scales and packaging
  • PO documentation
  • travel documentation
  • passports
58
Q

Imports into New Zealand

Class B Controlled drug

A

IMPORTS
(a) in relation to any goods, means the arrival of the goods in New
Zealand in any manner, whether lawfully or unlawfully, from a point
outside New Zealand
SEC. 2 CUSTOMS AND EXCISE ACT 1996

To import includes “to introduce from abroad or to cause to be brought
in from a foreign country”.
SAXTON v POLICE

The element of importing exists from the time the goods enter New
Zealand 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 addressee”.
R v HANCOX

New Zealand
Means the land and waters extending to the outer limits of the territorial sea of New Zealand
Sec 2 Customs and Excise Act 1996

MUST PROVE GUILTY KNOWLEDGE:
This will involve proof that the defendant:
· knew about the importation/exportation, and
· knew the imported/exported substance was a controlled drug,
and
· intended to cause the importation/exportation

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.
R v STRAWBRIDGE

USEABLE AMOUNT
In any drug offence the quantity of drug involved must be measurable
and useable.
“…the serious offence of … possessing a narcotic does not extend to
some minute and useless residue of the substance”.
POLICE v EMERALI

CONTROLLED DRUG
Means any substance, preparation, mixture or article specified or
described in Schedule 1, Schedule 2, or Schedule 3 of this Act and
includes any controlled drug analogue.
SEC 2 MODA 1975

CLASS B CONTROLLED DRUG
Means any controlled drugs specified or described in Schedule 2 to this Act.
SEC 2 MODA 75

59
Q

Possession of controlled drug for Supply

A

POSSESSION
Possession involves two elements. The first, the physical element, is actual
or potential physical custody or control. The second, the mental element, is
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.
R v COX

Possession may be actual or potential

ACTUAL POSSESSION
Means that the person actually has the drug in their custody or control

OR

POTENTIAL POSSESSION
Potential possession arises when the person has the potential to have the
thing in question in their control

For the purposes of this Act, the things which a person has in his
possession include any thing subject to his control which is in the custody of
another.
SEC 2(2) MODA 75

CLASS A CONTROLLED DRUG
Means any controlled drugs specified or described in Schedule 1 to this Act.
SEC 2 MODA 1975

CONTROLLED DRUG
Means any substance, preparation, mixture or article specified or described
in Schedule 1, Schedule 2, or Schedule 3 of this Act and includes any
controlled drug analogue.
SEC 2 MODA 75

Supply or administer, or offer to supply or administer, any Class A
controlled drug or Class B controlled drug to any other person, or otherwise
deal in any such controlled drug;
SEC. 6(1)(c), MODA 75

DEALING WITH CONTROLLED DRUGS - PRESUMPTION
For the purposes 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 in subsection (1)(c), (d), or (e) if he or she is in possession of the
controlled drug in an amount, level, or quantity at or over which the
controlled drug is presumed to be for supply (see section 2(1A)).
SEC. 6(6) MODA 1975

MUST PROVE GUILTY KNOWLEDGE:
This will involve proof that the defendant:
· knew about the importation/exportation, and
· knew the imported/exported substance was a controlled drug,
and
· intended to cause the importation/exportation

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.
R v STRAWBRIDGE

USEABLE AMOUNT
In any drug offence the quantity of drug involved must be measurable
and useable.
“…the serious offence of … possessing a narcotic does not extend to
some minute and useless residue of the substance”.
POLICE v EMERALI

60
Q

Supplys Class C drug to person under 18 years of age

A

Supply

Supply
Includes to distribute, give or sell.
SEC 2 MODA 1975

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 …”
R v MAGINNIS

MUST PROVE GUILTY KNOWLEDGE:
This will involve proof that the defendant:
· knew about the importation/exportation, and
· knew the imported/exported substance was a controlled drug,
and
· intended to cause the importation/exportation

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.
R v STRAWBRIDGE

USEABLE AMOUNT
In any drug offence the quantity of drug involved must be measurable
and useable.
“…the serious offence of … possessing a narcotic does not extend to
some minute and useless residue of the substance”.
POLICE v EMERALI

CLASS C CONTROLLED DRUG

CLASS C CONTROLLED DRUG
Means the controlled drugs specified or described in Schedule 3 to this Act,
and includes any controlled drug analogue.
SEC 2 MODA 75

CONTROLLED DRUG
Means any substance, preparation, mixture or article specified or described
in Schedule 1, Schedule 2, or Schedule 3 to this Act and includes any
controlled drug analogue.
SEC 2 MODA 75

To any person under the age of 18 years old

Person:
Gender neutral. Proved by judicial notice or circumstantially.

Proving Age:
The best evidence possible in the circumstances should be adduced by the prosecution in proof of [the victim’s] age”.
R v FORREST AND FORREST

In practice this generally involves producing the victim’s birth certificate in
conjunction with independent evidence that identifies the victim as the
person named in the certificate.

Induction + Modules (27 decks)

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