Extra study Flashcards
what is the definition of an informant
An informer has a privilege in respect of information that would disclose, or is likely to disclose, the informer’s identity.
A person is an informer for the purposes of this section if the person—
(a) has supplied, gratuitously or for reward, information to an enforcement agency, or to a representative of an enforcement agency, concerning the possible or actual commission of an offence in circumstances in which the person has a reasonable expectation that his or her identity will not be disclosed; and
(b) is not called as a witness by the prosecution to give evidence relating to that information.
An informer may be a member of the Police working undercover.
what are the ingredients of “obstruction” under section 16
- every person
- 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.
what is the defence to cultivation in section 9
It shall be a defence to a charge under subsection (1) if the person charged proves that the prohibited plant to which the charge relates was of the species Papaver somniferum,
and that it was not intended to be a source of any controlled drug or that it was not being developed as a strain from which a controlled drug could be produced.
what activities would require a surveillance device
(a) use of an interception device to intercept a private communication:
(b) use of a 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 of the device does not involve trespass to land or trespass to goods:
(c) observation of private activity in private premises, and any recording of that observation, by means of a visual surveillance device:
(d) use of a surveillance device that involves trespass to land or trespass to goods:
(e) observation of private activity in the curtilage of private premises, and any recording of that observation, if any part of the observation or recording is by means of a visual surveillance device, and the duration of the observation, for the purposes of a single investigation, or a connected series of investigations, exceeds—
(i) 3 hours in any 24-hour period; or
(ii) 8 hours in total.
what needs to be considered for an observation point in a controlled delivery operation
- proximity to target address, close enough to be effective, far enough to be unobtrusive
- unobstructed line of sight to target address
- access to and from address without arousing suspicion
- ability to beam signals and or tap into Telecom cables (video and audio interception)
- phone lines available in the street
- other conditions relating to the vicinity of the OP eg parking, schools, other neighbourhood activities, lighting and animals
what is guilty knowledge in relation to importing controlled drug
KKI
K - knowledge of the importing and that it is an offence
K - knowledge that the substance being imported is a controlled drug
I - Intended to cause offence
r v strawbridge
it is not necessary for the crown to establish knowledge on the part of the accused. in the absence of evidence in the contrary knowledge on the part of the accused will be presumed, but if there is some evidence that the accused honestly believed on reasonable grounds her act was innocent then she is entitled to be acquitted, unless the jury are satisfied that this is not so
when does liability for the offence of importing a controlled drug arise
liability arises as soon as the goods enter into New Zealand
what is a drug dealing offence
under s3 of the bail act 2000
a drug dealing offence is any offence against section 6 or 12C(1)(a) of the MODA 1975 in relation to a class A or class B controlled drug; or
an attempt to commit an offence referred to in paragraph 1
in the judge alone trial where a defendant is found in possession of a controlled drug, does the prosecution need to prove the amount is of a useable quantity
it shall not be necessary for the prosecution to prove that the amount of the controlled drug in the defendant’s possession was of a usable quantity, unless the defendant puts the matter in issue
what are the requirements for an analysts certificate to be admissible
a) defendant must be served a copy of the analysts certificate by or on behalf of the prosecutor and at the same time must be informed that the prosecutor does not propose to call the analyst as a witness
b) the defendant does not request in writing to the prosecutor 3 days before the hearing that the analyst be called by the prosecutor as a witness
