Prosecution

Question 1

What is a category three offence

Answer 1

Offences against S6

• Importing/exporting
• Producing/manufacturing
• Supplying/administer/offering to
• Selling or offering to sell (class C)
• Possessing for any of the above purposes

Two or more imprisonment - right to elect a jury

Question 2

What is a category two offence

Answer 2

Offences against S7

• Possessing and consuming controlled drugs
• supplying, administering or offering to class C

2 or less years imprisonment (cannot elect jury)

Question 3

S139 Criminal Disclosure Act

Answer 3

If one charge is trued by a jury, then all charges must be tried by a jury.
If one charge is to tried at the High Court, all charges must be tried at High Court.
More than one Defendant, if one elects jury then all defendants must be tried bu a jury (same for High Court)

Question 4

Offences automatically prosecuted by crown

Answer 4

6(1)(a) - Produce/Manufacture Meth (or other drugs if the quantity of the drug is 5 times the presumption threshold, there is evidence of large scale dealing or substantial evidence derived from SD involving audio device)
6(2A) - Conspiracy Meth
10- Aiding offences against corresponding law of another country - 6,9,12A, 12AB
12C - Commission of offences outside of NZ

Question 5

Large scale dealing

Answer 5

Means the suspected dealing in a quantity of drugs that is more than 5 times the presumption threshold. 
- This factor operates when the quantity go drugs seized is not a reliable indication of the size of operation
Shown by:
- Admissions
- The amount of sophisticated equipment 
- Volume of precursors located
- Evidence of chemical purchases 
- Intercepted communication

Question 6

Large scale for Class B

Answer 6

The quantity if the drugs is more than 10 times the presumption threshold

• evidence of large scale
• substantial evidence derived from SD involving audio

Question 7

Large scale class C

Answer 7

• No quantity specifically
• evidence of large scale
• substantial evidence derived from SD involving audio

Question 8

Cannabis cultivation for sentencing

Answer 8

1: Small no for person use
2: Small no for commercial use (objet of deriving profit)
3: Large scale commercial growing usually with a considerable degree of sophistication and organisation (crown)

Question 9

Filing charges

Answer 9

S28
Anytime: Dealing (6), Cultivating (9), Aiding offences against corresponding law in another country (10)
4 years since offence committed: Any other offence against MODA

Question 10

Bail

Answer 10

Serious Class A (6, 12C(1)(a) : No unless Judge is satisfied that bail or remand at large should be granted - balance of probabilities that defendant won’t commit any drug dealing offence while on bail (

May be granted bail by order of a high court or district court judge but not otherwise) - S16

S17a =
Defendant charged with class A offence who is over 18 yr unless the defendant satisfied the judge to be bailed 

Electronic monitoring
Any other that judge considered will make defendant appear for court (confiscate passport, confine in geographical area)

Question 11

Certificate of analysis

Answer 11

May be produced instead of calling oral evidence in relation to offences concerning controlled drugs.
Defence can accept or reject.
Certificate only admissible if:
1. Defendant is served and provided a copy of the analyst’s certificate at least 7 clear days being hearing.
2. The Defendant does not at least 3 days before the hearing, give written notice that the analyst be called
3. The court does not request the oral evidence of the analyst

Letter can be delivered to defendants family member or solicitor.

Chain of evidence cannot be broken (need to be able to describe the package, quote registered article num, produce receipt of its delivery)
Material analysed cannot be tampered with
Defence aware of analysis and the results

Question 12

Delivery of a drug exhibit

Answer 12

In person to the analyst who is to issue the certificate or person authorised to receive it
By registerer post or by courier with signature required in seal package.

Ensure you know the name of person who received
The person works in an approved laboratory
The package was sealed

Question 13

Police who commit offences

Answer 13

S34A - protected as undercover

Encouragement and stimulation in question- up t trial judge to decide if admissible

Question 14

Instrument of Crime

Answer 14

Relevant property that is an instrument of crime can be forfeiture as part of sentencing.
obligation of prosecution to inform court (officer in charge to inform)
This property may need to be restrained while court proceedings take their course to prevent disposal or erosion of its value. Requires a notice application for restraining order relating to instrument of crime - done through affidavit from O/C

Question 15

Drug Dealing offence means:

Answer 15

S3 Bail Act 2000
Any offence against section 6 or 12C(1)(a) of MODA (Commission of offence out NZ) in relation to class A or B controlled drug or
An attempt to commit an offence of above

Question 16

Four step bail application process for drug dealing

Answer 16

1. Application made before district or high court judge
2. O/C forwards instructions to prosecutor
3. If bail opposed, give full details why
4. Judge will then remand defendant for case review hearing or whatever is appropriate

Question 17

Filing Charges

Answer 17

S28(a) MODA 1975
Anytime = dealing (6), cultivate (9) and aiding offences against corresponding law in another country (10)

S28(b) MODA 1975
Four years from date of offence = any other offences against the Act

Question 18

McGinty

Answer 18

Disclosure of identity of informers is not required under the act and the trail judge was correct in deleting certain parts that would have been likely to identify the informant.
however the trial judge was entitled to insist disclosure if he saw fit