Must knows Flashcards
Controlled drug definition
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
Class C definition
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 offence of manufacturing complete
The offence is complete once the prohibited substance is created, whether or not it is in a useable form.
What is deemed as a serious offence in relation to Surveillance devices involving interception and trespass
An offence holding an maximum imprisonable offence of 7 years or more
Admissibility of analyst certificate
the defendant must be given a copy of the analyst’s certificate, and written notice that the analyst will not be called, at least seven clear days before the hearing
Who can call landslide in a clan lab
Any member of the initial entry team
4 things to consider with an OP for controlled delivery P64
- proximity to target address – close enough to be effective, far enough
away to be unobtrusive - unobstructed line of sight to target address
- access to and from address without arousing suspicion (consider
equipment and staff that will need to discretely enter and leave the
address) - ability to beam signals and/or tap into Telecom cables (video and audio
interception) - phone lines available in street
- other conditions relating to the vicinity of the OP, eg parking, schools,
other neighborhood activities, lighting and animals.
Ingredients of obstructs
Willfully
Obstructs, Hinders, Resists, or Deceives
Any Person
In the execution of any powers conferred on that other person
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 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
90 second rule
This rule assumes that if offenders are present and moving inside the Laboratory then the atmosphere will sustain life. is assumes that the IET may safely enter and extract for a period of up to 90 seconds
Presumption for supply LSD, Cannabis, Meth, Cocaine
LSD- 2.5 milligrams
Cannabis- 28 grams or 100 or more cigarettes’
Meth- 5 grams
cocaine 0.5 grams
4 ways a controlled delivery could come about
International Mail Centre
International Airport
Imported air freight
Important sea freight
Transshipped air or sea freight
Arriving commercial vessel
Ingredients of allowing premises - section12 moda75
Did knowingly permit-
A Premise or vehicle-
To be used for the commission of an offence against MODA-
3 things that must be proven for supplying equipment
- The Defendant has supplied, produced or manufactured equipment, material or precursors
- Those items are capable of being used in the production or
- The defendant knows those items are to be used for such an offence by another person
Regulation 11 relating to offering, accepting, disposing of syringes
- Offer to any other person, for use by that other person, a used needle or used syringe. or
- Accept for use a used needle or used syringe or
- Dispose of a needle or syringe in a public place
4 times when a surveillance device warrant is required
Use of an interception device
Use of tracking device
Use of a visual surveillance device
Use of a surveillance device that involves trespass
Observation of private activity in the curtilage of private premises, and any
recording of that observation using a visual surveillance device
Internal search
Only applies to a person under arrest under MODA
RGTB that the person is concealing
Contact- District Drug Squad or NOCG
Section16 bail act
A defendant who is charged with or convicted of a drug dealing offence may be granted bail by order of a High Court Judge or District Court Judge but not otherwise.
The presumption that a drug is for sale/supply may be rebutted if the person is able to prove
They had no knowledge of possession of the substance
Had no knowledge of the substances nature or quantity
Intend to use the substance in a way that allows you to charge them with
possession.
Who leads the controlled drug delivery operation
NZ Customs lead the operation with assistance from Police.
Police hold the prosecution and facilitate the arrest.
How many days can a surveillance warrant be in force
60 Days
Difference between obstruction in summary offences act and moda75
obstruct anyone in the execution of power under moda75
Presumption for supply LSD
2.5 milligrams or 25 flakes
obligations around the delivery of exhibit to ESR
- in person to the analyst who is to issue the certificate, or to a person
authorized by the analyst to receive it - by registered post or by courier post with signature required in a sealed
package to an employee who has been authorized by the analyst in charge
at the laboratory.
John gave his mate an analogue of meth - is he guilty of supplying class A or class C or something else
John is guilty of supplying a class C drug as drug analogues are defined as class C drugs under schedule 3 of MODA
Jenny met 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.
if the crown can prove that beyond reasonable doubt that the defendant deliberately turned a blind eye and deliberately refrained from making
further inquiries because she wanted to remain in ignorance.
R v Rua
“Produce” or “manufacture” in section 6(1)(b) includes creating controlled drugs by changing original substances into a specific drug.
3 Ingredients of permits premises
Did knowingly permit
Premise or vehicle
to be used for the purpose of the commission of an offence against MODA1975
Does a CHIS have to be named in a warrant
Section 64 of the Evidence Act 2006 grants privilege to informers that
protects their identity and extends to information that is likely to disclose that
identity.
It is good practice not to state the name of any covert human intelligence
source (CHIS)
Is it possible to be charged with attempted possession
It is an offence to attempt to gain possession of a drug, a charge which covers
someone obtaining something innocuous in the mistaken belief that it is a
drug.
What is a controlled delivery
Controlled delivery definition: Detection of illicit drugs hidden within other goods.
Purpose: Enable delivery under NZ Customs and Police officers’ control and surveillance.
Goal: Identify and gather evidence against individuals involved in import/export crimes.
Scope: Includes situations where couriers are caught body packing or carrying concealed drugs.
Involves: Coordination between NZ Customs, Police officers, and relevant authorities.
In relation to importing, when is someone liable and when does liability cease
Criminal liability arises as soon as the drugs cross New Zealand’s border, and an importer may therefore be convicted under section 6(1)(a) even if the
drugs are intercepted by Customs and never reach the addressee (the intended
recipient).
However the offence does not end at the border; the process of importation
continues while the goods are in transit, and only concludes when they have
reached their final destination and are available to the consignee.
Anyone who knowingly assists in facilitating the process up until that point
may be liable as a party to the importation.
4 things that must be done in first 24 hours (o/c phones)
‘Trapping’ or ‘pre loading’ phone data
TSP Liaison Establish an effective working relationship with the TSP
Draft a production order application early
Proving phone ownership
What must be proved for importation
The Crown must prove not only that the defendant’s conduct in some way contributed to the actual importation of the drug, it must also prove the defendant’s 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.
How do you prove age for a victim
producing the victim’s birth certificate in
conjunction with independent evidence that identifies the victim as the person
named in the certificate.
Ideally the independent evidence will be that of a parent, but that will not
always be possible.
Criteria for a surveillance device warrant
To suspect that an offence has been committed, or is being committed, or
will be committed
To believe that the proposed use of the surveillance device will obtain
information that is evidential material in respect of the offence; and;
4 points for unplanned entry to a clan lab
Alert all attending personnel of any clan lab discovery
remove persons of interest from the premises
preserve the crime scene
isolate the site and maintain a safety perimeter
Seek advise from the clan lab team
What points to consider when profiling the addressee of a controlled delivery
previous occupiers
* real person or false name?
* connections to delivery address
* relevant convictions / notings / associations
* travel / connections to country of origin
* bank accounts – large deposits, overseas transfers.
* full identification of target if possible
* photographs (casual / formal / surveillance)
* police intelligence held (NIA, previous investigations, MO section, IMP,
arresting officers)
* suspect’s knowledge surrounding covert enforcement techniques
* suspect’s knowledge / skill surrounding technology (phones, faxes,
computers etc)
* suspect’s travel history including passport holdings
* other agency intelligence held (Fisheries, Customs, Immigration, Internal
Affairs etc)
* financial profile
* family members / associates / vehicles / addresses and places frequented
* general lifestyle (sports and other interests)
* business associations
* tracking device for vehicles – variety of options
* risk assessment – firearms required.
Signs of a clan lab (exterior and interior)
- Chemical odours, coming from the building, rubbish or detached
buildings. The odours can be sweet, bitter, ammonia or solvent smells. - Exhaust fans running at odd times.
- Frequent visitors at odd hours.
- Windows blackened out or curtains always drawn.
- People coming outside only to smoke.
- Occupants unfriendly, appear secretive about their activities, exhibit
paranoid or odd behaviour. - Expensive security and surveillance gear.
- Access denied to landlords, neighbours, other visitors.
- Rubbish containing a large amount of cold medication containers or
packaging. - Also bottles, plastic containers and boxes with labels removed.
What evidence to look for in a search warrant involving controlled deliveries
- track and trace receipts
- correspondence
- computers, faxes and cell phones
- emails
- contact lists / numbers
- packaging from previous importations
- money and financial records
- scales and packaging etc in relation to supply charges
- PO Box documentation
- travel documentation
- passports.
What are the general time limits for laying charges regarding drug offences
Section 28(b) states the limitation period for any other offence against the Act
or any regulations made under it, is four years after the date on which the
offence was committed.
