Prosecution

Question 1

Category 3 offence

Answer 1

All section 6 offences

Import/export
Produce/manufacture 
Supply/administer
Sell/offer to sell class c
Possession for any of the above

Question 2

What are category 2 offences

Answer 2

Possession and consuming controlled drugs

Supply or administer Class C controlled drug

Question 3

If the offence is a category 3 offence with imprisonment of 2yrs or more what right does the defendant have

Answer 3

Elect trial by jury

Question 4

If the offence is a category 2 offence imprisonment less than 2yrs they don’t have……

Answer 4

The right to elect trial by jury

Question 5

Offences automatically prosecuted by the crown

Answer 5

6(1)(b) produce manufacture
6 2A conspiracy

S10 aiding corresponding to sec 6, 9 or 12A

S12C offences outside NZ

Question 6

Criteria for other drug offences Class A that crown will take

Answer 6

Quantity more than 5 times quantity of presumption threshold

Evidence of Large scale dealing

Evidence from surveillance device

Question 7

Large scale dealing

Answer 7

Admissions by defendant

Huge cash holdings

Evidence of chemical purchases

Question 8

Criteria for other drug offences for class b and c the crown will take

Answer 8

Quantity 10x presumption threshold

Evidence of large scale dealing

Evidence from surveillance device

Question 9

2 ways to Deliver drug exhibit

Answer 9

In person

Registered post

Question 10

Admissibility of analyst certificate

Answer 10

Defendant served at least 7 days before hearing and given a copy

Defendant does not at least 3 days before hearing give written notice analyst to be called

Court doesn’t request or evidence from analyst

Question 11

Can u detain an offender under 13A MODA 75 for cannabis class c

Answer 11

No has to be class A or B MODA amend act 1978. Applies to person who u have reasonable cause to believe is concealing class a , b drug only but who is not arrested