Miscellaneous

Question 1

What offence is Section 9?

Answer 1

Cultivation of prohibited plants

Question 2

What offence is Section 12?

Answer 2

Use of premises or vehicle

Everyone commits an offence

who knowingly permits

Any premises, vessel, aircraft, hovercraft, motor vehicle or any other mode of conveyance

To be used for the purpose of the commission of an offence against this act.

Question 3

3 things must be proven for supplying equipment Section 12A(1)

Answer 3

1. Had the equipment, material or precursor in his possession
2. Items capable of being used to produce or manufacture any controlled drug or cultivate any prohibited plant
3. Defendant had the intention that those items are to be used for such an offence by himself or other person

Question 4

What ate the 3 main offences under Section 11?

Answer 4

Section 11(1):
Offers to any other person for use by that person a used needle or used syringe

Section 11(2):
Accepts for use a used needle or used syringe

Section 11(3):
Disposes of a needle or syringe in a public place

Question 5

What offence is Section 6(2A)?

Answer 5

Conspiring to deal with controlled drug

Question 6

Definition of conspiracy

Answer 6

An agreed intention between at least two persons to commit the offence rather than any actual action.

The conspiracy is complete once the agreement has been made.

Question 7

Proof of conspiracy to import in NZ:

Answer 7

A conspiracy to import drugs into NZ comes within NZ’s jurisdiction

When you can prove the defendant has done something to complete the conspiracy in NZ.

Question 8

What does section 23 allow you to do?

Answer 8

An internal search.

These people must be under arrest for specific offences under

section 6, 7 or 11

In relation to Class A, B & C controlled drugs.

Must have RGTB person has secreted within body anything that may be evidence of the offence.

Question 9

How does section 13A differ to section 23?

Answer 9

You can conduct an internal search if you have RGTB a person is concealing class A or class B drugs internally. They do not need to be under arrest.

Question 10

Case law: R v McGinty

Answer 10

The evidence in the present case of continued heroin dealing

in respect of which the orthodox techniques such as searching premises and following vehicles had been tried without success was sufficient.

A judge was not required to refuse a warrant because the police had not exhausted every conceivable alternative technique of investigation.