Prosecution Procedure

Question 1

What are the five offences against s6 of the MODA75 and what category offence are they?

Answer 1

Category 3 offences:

• importing or exporting
• producing or manufacturing
• supplying or administering, or offering to supply or administer
• selling or offering to see (Class C only)
• possessing for any of the above purposes

Question 2

What are the 2 offences against s7 of the MODA75 and their category?

Answer 2

Category 2 offences ;

• possession and consuming controlled drugs
• supply, administering, or offering to supply or administer class C controlled drug

Question 3

What are the three drug offences that re are automatically prosecuted by the crown?

Answer 3

• s6(1)(b) or 2A production or manufacture or or conspiracy to produce or manufacture methamphetamine
• s10 aiding offences against corresponding law of another country
• s12C commission of offences outside NZ

Question 4

Other criteria for class A drug offences to be prosecuted by the crown?

Answer 4

(a) the quantity of drugs is more then 5x the quantity f prosecution threshold
(b) there is evidence of large scale drug dealing
(c) there is substantial evidence derived from surveillance device involving audio interception

Question 5

What is large-scale dealing substantiated by?

Answer 5

• defendants admissions
• amount and sophistication of equipment
• volumes of precursor materials
• evidence of chemical purchases
• observation evidence over extended periods
• significant cash holdings
• travel movements
• evidence at the trial of co-offenders
• evidence suggests a continuing course of conduct

Question 6

Other criteria for class B and C drugs to be prosecuted by the crown?

Answer 6

• quantity of the drugs is more than 10x the quantity of the preemptive amount
• there is evidence of large scale dealing
• there is substantial evidence derived from surveillance device involving audio interception

Question 7

What are the three categories that cannabis cultivation is divided in to?

Answer 7

Category 1: growing a small number of cannabis plants for personal use, without any sale to another party
Category 2: small scale cultivation for a commercial purpose
Category 3: large scale commercial growing, with a considerable degree of sophistication and organisation.

Question 8

Time limits on filing charges on drug dealing offences

Answer 8

anytime: dealing, cultivating, aiding offences against corresponding law in another country

four years after the date on which the offence was committed: everything else

Question 9

What does section 16 of the Bail Act 2000 state?

Answer 9

Only a judge may grant bail for a drug dealing offence

Question 10

What does section 17 of the Bail Act 2000 state?

Answer 10

Reverse onus. The defendant must satisfy a judge on the balance of probabilities that they will not commit any drug dealing offences whilst on bail

Question 11

What is the fur step bail application process for drug dealing offences?

Answer 11

1. application is made
2. O/C case forwards instructions to the prosecutor
3. if bail opposed, give full and detailed reasons why
4. judge will then remand defendant.

Question 12

Section 31(3)(a) of MODA 75:

Answer 12

Allows the defendant to accept or reject the certificate as the way in which the analytical evidence will be given.

nothing to do with opinion regarding the suitability of the evidence- just allows it to be cross examined.

Defendant MUST be given a copy of the analysts certificate, aswell as notice that the analyst will not be called, at least seven days prior to the hearing.

Defendant must give notice in writing at least three days before the hearing that they want to call the analyst as a witness.

Question 13

An analysts certificate is only admissible as evidence if:

Answer 13

1. The defendant is served at least 7 days prior to the hearing with the analysts certificate
2. The defendant does not, at least 3 days prior to the hearing, give written notice that the analyst is to be called as a witness
3. The court does not request oral evidence of the analyst

Question 14

Expert evidence (section 25(1) of the evidence act):

Answer 14

Allows opinion of an expert if the fact finder is likely to obtain substantial help in understanding other evidence or in ascertaining any fact that is of consequence to the determination of the proceeding.

Question 15

Section 34A MODA75: protection of police officers

Answer 15

Police officers who commit an offence in the course of their duties are protected under S34A of the act.

Question 16

Instruments of crime.

Answer 16

Mandatory obligations for the court to be notified of any relevant property that is an instrument of crime, so that forfeiture may be considered as part of sentencing.

Question 17

Duties of prosecutor if offender guilty of qualifying instrument forfeiture offence:

Answer 17

Notify the court in writing of:

1. Details of that property
2. Name and identifying details of any person has had an interest in that property

Question 18

Restraint of instrument of crime affidavit should outline:

Answer 18

• your details
• offenders details and charges
• criminal convictions
• search warrant
• admissions made
• property (that is to be restrained, and it’s value, show that the offender has the property in custody/control)