Prosecution Procedure Flashcards
What category offences do MODA75 s6 offences fall under with respect to the Criminal Procedures Act 2011?
Category 3, punishable by 2yrs imprisonment or more.
What category offences do MODA75 s7 offences fall under with respect to the Criminal Procedures Act 2011?
Category 2
What category offence is a defendant entitled to elect trial by jury?
Category 3, punishable by 2yrs or more.
What is the procedure for charges held together if one is a category 3 offense whereby the defendant elects trial by jury and the other defendant is charged with a category 2 offence?
Criminal Procedures Act 2011
Section 139
They must both be tried by a jury.
The only drug offences automatically prosecuted by the Crown following a plea are:
As per Crown Prosecution Regulations 2013
(1) Section 6 (1)(b) or (2A) production or manufacture of, or
conspiracy to produce or manufacture,
Methamphetamine.
(2) s10 Aiding offences against corresponding law of another country corresponding to section 6, 9, 12A or 12AB.
(3) Section 12C Commission of offences outside New Zealand.
Automatic Crown prosecution for dealing or conspiring to deal Class A if:
As per Crown Prosecution Regulations 2013
(1) Quantity over 5 times presumptive threshold, or
(2) Evidence of large scale dealing
(3) Substantial evidence derived from audio interception surveillance device
Automatic Crown prosecution for dealing or conspiring to deal Class B if:
As per Crown Prosecution Regulations 2013
(1) Quantity over 10 times presumptive threshold, or
(2) Evidence of large scale dealing
(3) Substantial evidence derived from audio interception surveillance device
Automatic Crown prosecution for dealing or conspiring to deal Class C if:
As per Crown Prosecution Regulations 2013
(1) Evidence of large-scale commercial dealing
(2) Substantial evidence derived from audio interception surveillance device
Categories of cannabis cultivation:
Category 1: Small number of plants for personal use without sale or contemplation of sale.
Category 2: Small scale commercial cultivation for profit
Category 3: Large-scale commercial cultivation, usually with considerable sophistication and organization.
What evidence would substantiate Large Scale Cultivation?
(i) Volume of cannabis found in the defendants possession.
(ii) Evidence of an extensive, sophisticated and ongoing operation involving regular crop rotation.
(iii) Evidence of extensive crop yields
What are the time limits for filing charging documents?
MODA75
Section 28a No limitation period for: (i) dealing (s6) (ii) cultivation (s9) (iii) aiding offences against corresponding law in another country (s10)
Section 28b
Limitation period of 4 years from the offence date for any other offence against the Act or any regulations made under it.
Can a defendant who is charged with a drug dealing offence be bailed by a JP or Community Magistrate?
What Act and Section?
Bail Act 2000 Section 16
No. Only a Hight Court Judge or District Court Judge but not otherwise.
Can serious Class A drug defendants be bailed by a Judge?
What Act and Section?
Bail Act 2000
Section 17A
Yes but only after the defendant has satisfied the Judge on the balance of probabilities that he will not re offend while on bail.
Is it an offence to attempt to commit an offence against Section 6 or 12C(1)(a) re Class A and Class B controlled drugs?
Yes
What are the 4 stages of the Bail Application Process?
- Bail Application made before a Judge by counsel.
- O/C instruct the prosecutor on bail, along with bail conditions regardless of any Bail Op.
- If bail opposed then full detailed reasons, preferably with supporting affidavits.
- Judge will remand the defendant for CRH.
