prosecution

Question 1

how to prove age for offender/victim:

Answer 1

R v FORREST and FORREST:

birth certificate, oral evidence - when they celebrate birthdays etc

Question 2

-Explain section 16 of bail act in relation to someone being charged as well as someone having previous section 6 convictions

Answer 2

s16 Bail Act 2000
only High court or District court judge can grant bail to someone charged with drug dealing offence.

S3 Bail Act 2000:

(a) drug dealing offence means any offence against s6 or s12C(1)(a) MODA1975
(b) attempted offence in (a)

Question 3

3 steps that must be followed to allow Certificate of Analysis instead of calling ESR Analysis to give evidence

Answer 3

s31 MODA1975

• unbroken chain of evidence
• the material anlaysed was not tampered with or contaminated
• defence is aware of analysis and result and has reasonable time to prepare defence.

Question 4

how can you deliver drugs to ESR for analysis?

Answer 4

• in person to analyst or person authorised by analyst to receive it
• by registered post or courier with signature required in a sealed package

Question 5

what are the time limits for laying charges for drug offences and what is the section?

Answer 5

Section s28(a) allows you to file charging documents at any time for offences of:

• Dealing (s6)
• Cultivating (s9)
• Aiding offences against corresponding law in another country (s10)

Section 28(b) – all other offences, four year limit

Question 6

Completing a conspiracy in NZ

Answer 6

It will be neccessary to prove the defendant did something to complete the conspiracy in NZ to be in the jurisdiction of NZ courts

eg: conspiracy to import controlled drugs - the use of nz customs and nz postal service is enough to bring the matter within the jurisdiction of NZ courts