Police Manual definitions / relevant learning etc

Question 1

Evidential material

Answer 1

In relation to an offence or suspected offence, means evidence of the offence, or any other item, tangible or intangible, of relevance to the investigation of the offence

Question 2

Imports

Answer 2

Section 2 customs and excise act 1996

(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

Question 3

Time of exportation

Answer 3

Section 53 customs and excise Act 1996

For the purpose of this act, the time of exportation is the time when the exporting craft leaves the last customs place at which that craft calls immediately before proceeding to a point outside New Zealand

Question 4

Import/export guilty knowledge

Answer 4

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

Question 5

Usable amount

Answer 5

In any drug offence the quantity of drugs involved must be measurable and usable

Question 6

Proving drug usable

Answer 6

Under section 29A it’s not necessary for the prosecution to prove that fact unless the defendant puts the matter in issue

Question 7

Controlled drug

Answer 7

Section 2, misuse of drugs act 1975

Means any substance, preparation, mixture or article specified or described in schedule 1, schedule 2, or schedule 3 of this act and include any controlled drug analogue

Question 8

Produce

Answer 8

To produce means to bring something into being, or to bring something into existence from its raw materials or elements

Produce includes compound; and production has a corresponding meaning

Question 9

Manufacture

Answer 9

Manufacturing is the process of synthesis; combining components or processing raw materials to create a new substance

Question 10

Offence complete

Answer 10

The offence is complete once the prohibited substance is created, whether or not it is in a usable form

Question 11

Produce/Manufacture guilty knowledge

Answer 11

Must prove guilty knowledge:

This will involve proof that the defendant:

– Knew about the produce/manufacturing, and

– Knew the produced/manufactured substance was a controlled drug, and

– Intended to cause the produce/manufacturing

Question 12

Supply

Answer 12

Section 2, misuse of drugs act 1975

Includes to distribute, give or sell

Question 13

Administers

Answer 13

Black’s law dictionary

In the context of drug dealing, the appropriate meaning of administer is “to direct and cause a… drug to be taken into the system” of another person

Question 14

Offers

Answer 14

Oxford dictionary

Express readiness to do something for or on behalf of someone

Question 15

Otherwise deals in

Answer 15

The term ‘otherwise deals’ in paragraph (c) is aimed at dealing in a drug by some means other than by distributing, giving or selling it, administering it or offering to supply or administer it

Question 16

Supply/administer/offer etc guilty knowledge

Answer 16

Must prove guilty knowledge:

This will involve proof that the defendant:

– Knew about the supply/administering/offer, and

– Knew the supply/administering/offer substance was a controlled drug, and

– Intended to cause the supply/Administering/offer

Question 17

Person

Answer 17

Gender neutral. Proven by judicial notice or circumstantially

Question 18

Class A controlled drug

Answer 18

Section 2, misuse of drugs act 1975

Means any controlled drugs specified or described in schedule 1 to this act

Question 19

Class B controlled drug

Answer 19

Section 2, misuse of drugs act 1975

Means any controlled drugs specified or described in schedule 2 to this act

Question 20

Class C controlled drug

Answer 20

Section 2, misuse of drugs act 1975

Means any controlled drugs specified or described in schedule 3 to this act and includes any controlled drug analogue

Question 21

Proof of age

Answer 21

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

Question 22

Sell

Answer 22

A sale occurs when a quantity or share in the drug is exchanged for some valuable consideration. Will Commonly be money, but anything of value will suffice

Question 23

Dealing with controlled drugs

Answer 23

Section 6(5), misuse of drugs act 1975

For the purpose of paragraph (e) of subsection (1) of this section, if it is proved that a person has supplied a controlled drug to another person he shall until the contrary is proved be deemed to have sold that controlled drug to that other person

Question 24

Proof of “Offers to sell”

Answer 24

The prosecution must prove two elements:

– The communicating of an offer to sell a controlled drug (the actus reus), and

– An intention that the other person believes the offer to be genuine (the mens rea)

Question 25

Sells/offers to sell guilty knowledge

Answer 25

Must prove guilty knowledge:

This will involve proof that the defendant:

– Knew about the sale/offer, and

– Knew the sale/offer substance was a controlled drug, and

– Intended to cause the sale/offer

Question 26

Actual possession

Answer 26

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

Question 27

Potential possession

Answer 27

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

Section 2(2), misuse of drugs act 1975
For the purposes of this act, the things which a person has in his possession includes anything subject to his control which is in the custody of another

Question 28

Controlled drug analogue

Answer 28

Means any substance, such as the substance specified or described in the part s7 of schedule 3 to this act, that has a structure substantially similar to that of any controlled drug, but does not include –

(a) Any substances specified or described in schedule 1 or schedule 2 or parts 1 to 6 of schedule 3 to this act; or
(b) any pharmacy only medicine or prescription medicine or restricted medicine within the meaning of the medicines act 1981; or
(c) any approved product within the meaning of the psychoactive substances act 2013

Question 29

Examples of class A drugs

Answer 29

– Cocaine

– Heroin

– LSD

– methamphetamine

– Psilocybine (found in magic mushrooms)

Question 30

Examples of class B drugs

Answer 30

– Amphetamine

– Cannabis preparations (such as cannabis oil and hashish)

– GHB (fantasy)

– MDMA (Ecstasy)

– Morphine

– Opium

– Pseudoephedrine

Question 31

Examples of class C drugs

Answer 31

– Cannabis plant

– cannabis seeds

– Benzylpiperazine (BZP)

– controlled drug analogues

Question 32

Joint possession

Answer 32

When more than one person has access to drugs of sellable quantity, they maybe jointly charged with possession. However, in such a situation you must prove that there was a shared intention to sell the drugs

Question 33

Possession in drug cases, the crown must prove…

Answer 33

– Knowledge that the drug exists

– Knowledge that it is a controlled drug

– Some degree of control over it

– an intention to possess it

Question 34

Proving intent in drug supply cases

Answer 34

Intent to supply maybe inferred from:

– Admissions

– Circumstantial evidence (packaging, scales, cash, checklist etc)

– The statutory presumption under section 6(6)

Question 35

Statutory presumption

Answer 35

Section 6(6), misuse of drugs act 1975

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 subsections (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

Question 36

Presumptive amounts

Answer 36

Heroin – 0.5 g

Cocaine – 0. 5 g

LSD – 2.5 mg or 25 flakes/tablets etc

Methamphetamine – 5 g

MDMA – 5 g or 100 flakes/tablets etc

Cannabis resin and extract (oil) – 5 g

Cannabis plant – 28 g or 100 or more cigarettes

When a controlled drug is not specified in schedule 5 the presumptive amount for that drug is 56 g

Question 37

Precursor substance

Answer 37

Means any substance specified or described in part 1 or 2 or 3 of schedule 4

Question 38

Examples of precusors

Answer 38

• Acetic Anhydride (heroin precursor
• Lysergic Acid (LSD precursor)
• ephedrine/pseudoephedrine (methamphetamine precursor)

Question 39

Under section 12A(1) the crown must prove three elements:

Answer 39

– That the defendant has supplied, produced or manufactured equipment, material or precursors

– That those items are capable of being used in the production or manufacture of controlled drugs, or the cultivation of prohibited plants

– That to the defendant knows those items are to be used for such an offence by another person

Question 40

Under section 12A(2) the crown must prove three elements:

Answer 40

– That the defendant has equipment, material or precursors in his possession

– That those items are capable of being used in the production or manufacture of controlled drugs, or the cultivation of prohibited plants

– That the defendant has the intention that those items are to be used for such an offence, either by himself or
another person

Question 41

Examples of Equipment used for an offence against section 12A

Answer 41

Includes the implements, apparatus and other hardware used in the manufacturing, producing or cultivating process.

Examples may include:

Manufacturing Meth:
– Glassware

– Condenses

– Heating element

Cultivating Cannabis:

– Pots

– Lights

– Timers

– Water pumps

Question 42

Examples of Material used for an offence against section 12A

Answer 42

Anything used in the process of producing, manufacturing or cultivating that cannot be properly describe as equipment.

Examples may include:

– Chemicals other than those classified as precursors

– Documents provided instructions on the manufacturing or cultivating process

– Fertilises/nutrients etc used in cultivation

Question 43

Defence to section 9 (cultivates prohibited plant)

Answer 43

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

Question 44

Obstruction of officers

Answer 44

Urlich v Police

Obstruction will occur when the actions complained of makes it more difficult for the police to carry out their duties… a firm verbal refusal to be search, Uttered in a way which can be believed, certainly would result in a constable pausing before commencing a search, or even deter him from undertaking search. Words can be effective, not necessary for fists to be raised.

Question 45

Wilful Blindness

Answer 45

In terms of proving guilty knowledge, proof that the defendant deliberately turned a blind eye to the facts will suffice

It will suffice of the crown can prove beyond reasonable doubt that the accused (importer) had her suspicions aroused as to what she was carrying, but deliberately refrained from making further inquiries or confirming her suspicion because she wanted to remain in ignorance. If that is proved, the law presumes knowledge on the part of the accused. The fault lies in the deliberate failure to enquire when the accused knows there is reason for inquiry

Question 46

Attempted possession

Answer 46

Police VJ

Question 47

Importation liability beginning/ceasing

Answer 47

Criminal liability arises as soon as the drugs cross New Zealand’s borders, 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.

However the offence does not end at the border; the process of importation continues while the goods are in transit, and only conclude when they reached there final destination and are available to the consignee.

Question 48

Proof of importation

Answer 48

The crown must prove not only that the defendant conduct in someway contributed to the actual importation of the drug, they must also prove the defendants guilty knowledge.

This will involve proof that the Defendanrt:

– Knew about the importation/ exportation

– knew the imported/exported substance was a controlled drug

– Intended to cause the importation/exportation