Need to Know MCQ Short Answers

Question 1

Mens Rea of Importing

Answer 1

Crown must prove the defendant’s conduct in some way contributed to the actual importation of the drug, it must also prove guilty knowledge

Proof that the defendant: Defendant knew about the importation Knew the imported substance was a controlled drug Intended to cause the importation.

Question 2

GUILTY KNOWLEDGE

Answer 2

For a person to be guilty of an offence relating to controlled drugs they must have guilty knowledge.
A person who innocently possesses something they genuinely believed was not a controlled drug has a defense.
However it is not necessary for the crown to prove the knowledge that the drug the person possessed was a controlled drug.
Presumed unless evidence to the contrary.

Question 3

Mistake as to nature of controlled drug (guilty Knowledge)

Answer 3

Guilty knowledge is an essential element s29 provides it is not a defense that the defendant did not know that the substance in question was the particular controlled drug.
For example It is not a defence to a charge of supplying heroin if the defendant believed the drug was cocaine.

Question 4

Useable Quantity

Answer 4

Quantity of the drug must be usable and measurable.
Under 29A not necessary for prosecution to prove it is usable quantity unless the defendant raises the issue.

Question 5

PROSECUTION MUST PROVE IN OFFERS TO SUPPLY

Answer 5

The communication of an offer (actus rea)
An intention that the other person believes the offer to be genuine (mens rea)

Question 6

Sentence for deceitfully offering to supplying

Answer 6

When a defendant intends to rip someone off it will be sentenced based on an equivalent dishonesty offence.

Question 7

Lack of Knowledge by memory lapse.

Answer 7

Case of Martin deals with the above, THe defendant has seeds in his shoes. Acknowledged placing seeds there but forgot. He remembered that he placed 200 seeds in four different bags as different plants.
Appeal held it was essential to establish the defendant’s memory loss was complete. If he had truly forgotten their existence he did not have the necessary intent.

Question 8

JOINT POSSESSION

Answer 8

Where more than one person has access to saleable quantity of drugs they may be jointly charged however, must prove there was a shared intention to sell the drugs.

R v Searle - Common stock of drugs which may be drawn

R v Rees - if intent to sell cannot be proved file possession under s7.

For possession for sale the accused personally must have entertained the purpose of selling. It is sufficient to have custody with intention to sell later and that the appellant would receive proceeds.
It is unnecessary to show sale made by appellant personally.

Question 9

ATTEMPTED POSSESSION

Answer 9

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.
R v Jay Police found the respondent in possession of a bag with plant material.
He said he had purchased it from another person. On analysis it was hedge clippings
Court held that the offence of receiving cannabis was not legally possible, although in their circumstance it was factually possible as the respondent had criminal intent and did an act for the purpose of accomplishing his object he was guilty of attempting to commit an offence.

Question 10

What must be proved in possession cases

Answer 10

KNOWLEDGE DRUG EXISTS

KNOWLEDGE IT IS CONTROLLED DRUG

ACTUAL PHYSICAL CONTROL OR SOME DEGREE OF CONTROL

AN INTENTION TO POSSESS IT

Question 11

INTENT IN DRUG CASES

Answer 11

Admissions
Circumstantial evidence (packaging, tick lists, scales, cash)
Statutory presumption

Question 12

Stat presumption

Answer 12

A person is presumed until the contrary is proved to be in possession for one of the purposes if he has the drug in an amount specified in 2(1A)
This is unless they can prove otherwise on the balance of probabilities that they did not intend to commit a dealing offence.
Defence may argue they were heavily addicted and it may be for personal use.
Person can be charged if less than amounts specified if other circumstances provide good cause to suspect the offence.

Question 13

PRESUMPTIVE AMOUNTS

Answer 13

METH - 5GS
HEROIN - 0 .5G
COCAIN - 0.5
LSD - 2.5MG 25 TABS
MDMA - 5 GRAM OR 100 TABLETS
CANNABIS OIL - 5 GRAMS
CANNABIS PLANT - 28 GRAMS 100 JOINTS

Where a controlled drug is not specified the amount is 56 GRAMS

Question 14

Conspiring to deal JURISDICTION ISSUES

Answer 14

Conspiracy to import may have jurisdiction issues
Necessary to prove that the defendant did something to complete the conspiracy in New Zealand to have jurisdiction
R v Johnston Held that use of NZ customs and postal service in posting cannabis to NZ was sufficient to bring the matter into jurisdiction of NZ

Question 15

Supplying equipment/precursors S12A(1) Must prove

Answer 15

Defendant supplied produced or manufactured material or precursors
That those items are capable of being used in the production or manufacture of controlled drug or cultivation of plants
Defendant knows the items are to be used for such an offence.

Question 16

3 Precursors

Answer 16

Acetic Anhydrive
Lysergic acid
ephedrine/ pseudo

Question 17

Possession Precursors/equiptment12A(2) Must prove

Answer 17

Defendant has equipment , material or precursors
In his possession
That those items are capable of being used in the production or manufacture of controlled drug or cultivation of plants
Defendant intends the items are to be used for such an offence either by himself or another.

Question 18

CONTROLLED DELIVERIES Powers

Answer 18

12A MODA amendment act - Customs officer may leave, replace any portion of the drug and allow packaged to be delivered in any manner

S81 S&S - Power to search person/ vehicle place if S12A operation occurring where customs have exercised power

Question 19

Best Opportunities for Controlled Delivery

Answer 19

Best when drugs are detected concealed in goods moving unaccompanied baggage and motor vehicles and international post.

As long as it doesn’t burn that drugs found and provides opportunity for delivery

Question 20

METHODS OF IMPORTATION

Answer 20

IMC inside mail
International airport - Arriving courier using either body ort internal concealment or in luggage
Air freight - Within consignment of commercial or private freight.
Sea Freight - Arrive via sea as above
Transhipped air or sea freight- transiting through NZ with final destination elsewhere
Arriving via commercial vessel - Hidden on board or attached to a vessel thast is unloading or picking up cargo before continuing to other country

Question 21

Two delivery options

Answer 21

Clean delivery where no drugs in the consignment
Eliminates risk of drugs lost but also give freedom of organizing surveillance of the consignment and reduces risk of alarming targets who may have arranged counter surveillance. However at termination only importation or conspiracy charges are likely to be filed

Leave the amount in the consignment to enable the option of charging the offender with possession for supply.
Also provides opportunity for emergency powers should the drugsd move to places not covered by SWXs. the remainder of drugs are substituted. Consequently any consignment with drugs requires greater security and recovery on termination is paramount.

Question 22

SUITABILITY OF DELIVERY METHOD

Answer 22

Clean controlled delivery is sometimes preferable , the nature of concealment or size of consignment can sometimes make the substitution of drugs impossible.
While controlled delivery may be attempted it must be against the background of greater surveillance and control.
Policy must be to effect overt seizure rather than risk control of the consignment.

Question 23

INITIAL PHASE ACTION DELIVERY

Answer 23

1 - Assign ownership and leadership of investigation and appoint:
OC investigation
Oc file
Oc exhibits
Oc phones interception
Customs liaison.

2. Liase with customs as what to do with package and guide with evidence collection
3. Consider electronic phase
4. Request manipulation of track and trace.
5. Contact Surv, CMC TSU, photos.

6.Plan op for delivery.

Question 24

REPACKING CONTROLLED DELIV PACKAGES

Answer 24

1. Liase customs technical unit
2. multiple devices
   tracking
   audio
   opening device
   dye trap
   covert marking
3. seek advice from documents section
4. leave appropriate quantity
5. photo graph layer by layer.

Question 25

Things to consider in profile of adressee

Answer 25

Previous occupuiers
real or fake naem
connections to address
relevant convictions/notings
travel connections
bank accounts
full ID of target
phootos
police intel
suspects knowledge around covert techniques
suspects travel history
general lifestyle
tracking device on vehicles

Question 26

Delivery considerations

Answer 26

Emphasis on this phase is to control and manage risk. Communication is key element in obtaining a successful outcome.
Ensure roster allows 24hr coverage staff the forward OP and deploy surveillance and crunch teams with TSU/Customs Drug investigation unit. Monitors for mobile audio and tracking.

Question 27

Method of delivery

Answer 27

Reintroduce into postal system
Delivery by courier
Police /customs as postie
Consider recording interaction.

Question 28

If addressee not at address

Answer 28

Leave package at letter box or door.
Attempting delivery at later time
Leave a card to call

Question 29

If the addressee accepts the package:

Answer 29

Monitor audio / tamper devices and crunch when open
Deciding length of time to hold cordons
staff/resources
Operational commitments

Question 30

If the package goes mobile

Answer 30

Control communication and risk
Proximity of tracking monitoring vehicles to target, close enough to be in range, far enough to not be observed
Crunch cars to keep back and let surveillance relay activities
Need for repeaters to ensure no loss of communications.

Question 31

If target goes mobile without package

Answer 31

Control communicate, risk
Splitting resources and surveilling both
Keeping observation on package at all times to avoid loss of evidence/equiptment.

Question 32

Legal authority to install devices

Answer 32

Contained in S&S act.
- S46
SDW required for use of TD except for ascertain if a thing has been opened if no trespass to land or goods.

Question 33

INTERNAL SEARCH AND CONCEALMENT

Answer 33

Legislation S23 S&S only applies to a person under arrest pursuant to S6, 7, of 11 of MODA 75 and relates to abc controlled drugs.
Also legislation for dealing with people who are believed to be internally concealing drugs under S13A MODA applies to person you have rgtb is concealing A or B drugs but not under arrest.
Consult local OGC or NOCG or Customs.

Question 34

Activities where SDW required
S46

Answer 34

Use of interception device to intercept private comms
Tracking device except for opening or tampering if no trespass to land or good
Observation or private activity in private premise by means of VSD
Use of device which involves trespass to land or goods
Observation of private activity using vsd in curtilage for longer than 3 hrs in a 24hr period or 8 hrs intotal/

Question 35

Activities that don’t require warrant

Answer 35

Enforcement officer lawfully in a private premise recording what he or she hears or could see.

Covert audio recording of a voluntary oral communication made with the consent of 1 person

Activities carried out by enforcement officers use of surveillance device if authorized under another act.

Question 36

EMERGENCY SDW

Answer 36

14 years imprisonment
Arms act
Drug offence Schedules part 1 sched, 1,2,3, part 3 schedule 4
Likely to cause injury or serious propertyt dsamage and surveillance is necessary to prevent offending from being comitted.
Presenting risk to life and safety and surveillance is necessary as an emergency response.

Question 37

S57 S&S

Answer 37

Evidence obtained as a result of the SDW that is not for the offence which the warrant was issued, may be admissible.
Is a SDW could have been issued or a surveillance device could have been lawfully used.

Question 38

Criteria for issuing SDW

Answer 38

Suspect offence committed that authorises officer to apply for premise warrant for evidence.
Believe proposed use of SDW will obtain information that is EM.
High standard of evidence is required to satisfy and you will have to disclose certain matters which may be confidential

Question 39

S64 EVIDENCE ACT

Answer 39

An informer has privilege in respect of information that would disclose or likely to disclose the informers ID.
A person is an informer if;
Has supplied information gratuitouisly or for reward information to an enforcement agency or representative concern possible or actual commission of an offence in circumstances that the person has a reasonable expectation that his identity will not be disclosed.
Is not called as a witnessc tby prosdecuition to give evidence in relation to that information.
An informer may be a police member UC

Question 40

CHIS Protection

Answer 40

R v Hallet
Evidence as to the ID of the informant is excluded unless it is necessary to override the rule and admit evidence in order to prevent miscarraige of justice and in order to prevent the possibility that a man may by reason of exclusion be deprived of the opportunity of casting doubt upon the case.
R v Rankine
It is public interest that nothing should be done to discourage the public from coming forward with iunformation to police. The reasons that give rise to rules that informer not to be identified apply with equal force to the identification of thee owner or occupier of the premise used for surveillance and the identification of those premise.
R v McFarlane
Five defendants charged with consipracy to supply. Related to events over phone with ionterception device and audio devices in house.
Earlier ruling had required that the precise location of devices was given, this was opposed with the officer not required to give evidence as to location of bugs.
Court held that the real issue is whether there isd any counterveillnig interest thast would give a miscarriage of justice if the evidence is inhibited by the exclusion of reference to the location of the bugs.
Onus on accused to satisfy there is a good reason for disclosing these trade secrets persay and court has ultimate discretion
Held that location of bugs was not critical therefore not required to disclose this.

Question 41

EXCEPTIONS TO INFORMERS

Answer 41

The status of an informer and privilege does not apply if the person is a witness by prosecution to give evidence relating to info given. The effect is to prevent other people from disclosing privileged info. However UC officer may have identity protected under 108/109 evidence act.
Privilege under s64 must be disallowed by a judge where there is a prima facie case that the info was given for a dishonest purpose. Or to enable or aid any one to commit a offence
May also be disallowed if the judge of opinion that evidence of the information is necessary to enable the defendant to present an effective defence.

Question 42

PARTICULARS REQUIRED FOR SDW

Answer 42

Prescribed form
Directed to every enforcement officer who has authority to carry out activities in sdw
Specify a period up to 60 days
Contain a condition to sdw report
Condition as to privilege

Question 43

SDW Must contain

Answer 43

Name of issuing judge and date
Provision authorizing application
Type of device to be used
Name of address , person , description or place that is object of surveillance
EM that may be obtained by sdw
Enforcement officer may use assistance that is reasonable
Provision of call associated data.
Provisions of entry and use of force.

Question 44

S59 S&S requires

Answer 44

that person who carries out activities authorised by sdw provide a writted report to issuing judge within 1 month of expiry of warrant.

The judge may take action on receipt of a report being S61 S&S such as destruction or retention of material obtained as result of survillacne and reporting on any breach of the conditions of the warrants issue to the chief executive.

Report is also required to be provided in relation to use of surveillance device in emergency situation.

Question 45

RELEVANCY

Answer 45

Defined as relevant in relation to information or an exhibit means information or an exhibit that tends to support or rebut ,or has a material bearing on the case

Question 46

Evidential transcripts

Answer 46

Analysis of communications are painstaking and each session is analysed and a transcript of all relevant evidence is made.
The evidential transcript must be a verbatim copy of the recorded version of the conversation.
However when presented to the court it will be played back with inadmissable evidence not disclosed.

Question 47

Following activist should be done by Phones OC in first 24

Answer 47

Trapping or preloading phone data
Trapp data at telecom instant a new phone is ID’d. Get phones trapped as a course of business to maximize opportunity to recover messages
TSP liaison Deal with one person at company
Draft a PO early which outlines the backbone of enquiry, this will form the basis for all future court orders, update as enquiry progresses.
No SWX for hot offences like kidnapping as this can provided on public interest grounds, SDW’s not required
Analysts - most ops will involve liaising with a person who formats the data.
Some offenders will swap, sims IMEIS several times during an op, some will use others phones. It is important to link a phone to a person for a specific period.

Question 48

CLAN LAB iNDICATORS

Answer 48

Chemical odours from building rubbish or detached
Exhaust fans running at odd hours
Frequent visitors
Blacked windows or curtains drawn always
People coming out only to smoke
Occupants unfriendly or secretive
Expensive security gear.
Access denied to landlords neighbours or others.
Rubbish with alot of cold medication
bottles , container and boxes with labels removed.

Question 49

Inside CLAN LAB iNDICATORS

Answer 49

Alb glassware and documents
Containers with clear liquids and chalky outsides or bottoms
Containers with two layered liquids on dary one clear or yellow
Used coffe filters with white or brown substances
Baking dishes with white cryttals
Hot plates near chemicals

Question 50

Unplanned entry is when you come across a lab during the course of day to day duties

Initial action

Answer 50

Leave the area immediately
Dont touch taste or smell chems or equipment
Dont stop chemical reaction or turn any devices on or off
Do not shut off water to house
Do not smoke inside
Do not use tools or radios, or devices which cause sparks or frictions
Do not reenter

Question 51

Three processing relating to labs

Answer 51

Extraction
Conversion
Synthesis
All three processes can be found at one site but not always

Question 52

Catagory 3 offences

Answer 52

Importing exporting
Producing
supplying
selling class c
Possessing for supply
A cat 3 offence can be elected to be tried by jury.

Question 53

Catagory 2

Answer 53

Possession
Supplying administering or offering class c
Cat 2 cannot elect jury as less than 2 yrs

Question 54

S139 CPA

Answer 54

outlines that if charges are held together and if one charge is to be tried by jury then all charges must be.

Likewise if one charge is high court all charges are.

Unless exceptional circumstances if charges are to be hjeard against one or more and one elects trial by jury all charges for all defendatns must be jury.

If one charge is high court for one defendant, all charges for all defendants are high court.

Question 55

Crown automatically prosecutes

Answer 55

Production of meth
Aiding offences against S6,9, 12a or 12b against another countries law
S12c offences outside NZ

Question 56

Crown prosecutes if meets what criteria

Answer 56

Class A and quantity of drugs is 5 times more than presumption threshold
or Evidence of large scale dealing beyond actual quantity seized
Substantial evidence from surveillance device involving audio interception

Question 57

What substantiates large scale dealing

Answer 57

Admissions
Amount and sophistication of equipment
Volumes of precursor
Chem purchases
Intercepted comms
Observation evidence over extended periods
Significant cash or assets
Evidence of sales
Sophistiocantion of travel or large scale
Expected evidence of cooffenders
Evidence suggesting continuation of conduct.

Question 58

Crown prosecution for class b

Answer 58

• 10 times the quantity of supply threshold with combination of other charges
  Evidence of large scale dealing
  SDW interception audio

Question 59

Crown prosecution Class C

Answer 59

Evidence of large scale dealing
SDW interception audio

Question 60

Catagories of Cannabis cultivation

Answer 60

Cat one - small number of plants for personal use
Two - Small scale cultivationof plants for commercial purpose
Three - large scale commercial growing with considerable sophistication.

Question 61

Cat 3 cannabis for Crown prosecution must have

Answer 61

Evidence of large scale commercial cultivation
SDW audio interception

Large scale cannabis cultivation substantiated by
Volume found in possession
Eviudecne of sophisticated ongoing operation
Evidence of extensive crop yield.

Question 62

TIme limits for filing charges

Answer 62

File at any time for
Dealing, cultivating, aiding offences in another country
Any other offence under MODA within 4 years of committing offence

Question 63

Bail S16

Answer 63

Judge only may grant bail for dealing offences

Question 64

Bail 17A

Answer 64

17A - Restriction on bail for serious class A offences
Charged with A drug offence
Over 18 or 17 charged at court
Not to be granted bail or at large unless satisfy judge it should be granted
Must satisfy judge that on balance of probabilities the defendant will not commit any drug dealing offences
Class A offence means S6(1)(a,b,c,f)
Or an attempt to commit import/export

Question 65

What is a drug dealing offence under S3 Bail act

Answer 65

Drug dealing offense means any offence under S6 or 12C1(a) in relation to a class A or B.

Question 66

ANALYSIS EVIDENCE

Answer 66

Certificate of analysis may be produced instead of calling in offences concerning drugs. Advantage is analyst is not required to give oral and cannot be crossed
For this to happen, chain of evidence unbroken
Material analyzed not tampered or contaminated
Defence is aware of analysis and time given to prepare defense

Question 67

Delivery of drug exhibit

Answer 67

S31(2) provides two methods of deliver to ESR.
In person to analyst
By registered post or courier with signature required in a sealed package to employee authorizes

Question 68

responsibility to ensure COC. always use a standard drug envelope.
Need to be able to

Answer 68

Describe packaging by sealing and labelling with reference name
Quote article number of registered mail
Produce receipt of delivery to esr.

Question 69

Analyst certificate timeframes

Answer 69

A defendant can accept or reject the certificate which the analysis will be given. Nothing to do with suitability of analyst
Defendant needs to provide notice they do not accept within 7 days before hearing it is to be presented as evidence
And must give 3 days notice that they wish the analyst to be called as witness.

Admissibility of certificate is only admissible if served 7 DAYS AHEAD of hearing.
Defendant does not at least 3 days ahead to call analyst.
Or Court does not request the evidence

Question 70

UC police

Answer 70

UC officer is a member of the police whose identity is concealed for the purpose of investigation of offence against the act.
No prosecution shall be commenced against a member of police in respect to any act as a UC.

A certificate from the commissioner as to a person being a UC is sufficient.

Question 71

Credibility of UC

Answer 71

In cases where defence raises doubt to credibility of UC officer it is up to trial judge to decide on facts
R v Katipa - A UC kept the defendant under surveillance over a year. In that time the UC smoked cannabis and participated in the cultivation and arranged substantial sales to another UC. Defence claimed that the UC damaged his credibility by instigating offenCes. Making his evidence inadmissible.

Finding of judge as to matters of fact and credibility resolves this

Defence may seek to attack credibility by adducing evidence of similare techniques initially offences by person who would otherwise be non offenders but only admissible if strong resemblance to case before court.

R v O’shannessy
Judge discussed what permissible activity a UC could undertake
Broad distinction between use of agents to present opportunity to commit offences to those disposed to such activity and the encouragement or stimulation of offences which would otherwise not be committed.
Judge has discretion to exclude if police conduct is unacceptable
It is not unacceptable for a UC to make approaches which may result in commission of an offence.

Question 72

INSTRUMENTS of crime

Answer 72

S142B of the sentencing act places mandatory obligation on relevant property that is the instrument of crime. Eg car for delivering drugs or meth house.

Obligation is for prosecution to notify.

Question 73

Duties of prosecutor S142B sentencing

Answer 73

If a person is convicted of qualifying instrument for forfeiture
Referred to crown to notify that the property is a instrument of crime and crown considers instrument forfeiture order

Question 74

Restraint of instruments of crime affadavit

Answer 74

affidavit from Oc outlining
Your details
Offenders
Charges
Criminal convictions
‘SWX outcomes
Admissions made
Property
Describe it and its value