Prosecution Procedure

Question 1

Category 3 Offences (S6 MODA)

Answer 1

• importing and exporting
• producing or manufacturing
• supplying or administering
• selling or offering to sell
• possessing for any of the above purposes of any controlled drug

Defendant has the right to elect a Jury Trial

Question 2

Category 2 Offences (S7 MODA)

Answer 2

• possession and consuming controlled drugs
• supplying, administering or offering to supply or administer Class C controlled drugs

Defendant does not have the right to elect, will be a JAT

Question 3

Section 139 Criminal Procedure Act

Answer 3

Outlines the procedure that charges should be held together. If one charge to be held by Jury Trial, then all charges must be held by a Jury.

If one defendant elects Trial by Jury, all defendants appear for Jury Trial. Same goes where one charge is heard in High Court, all charges are heard in High Court.

Question 4

Crown Jurisdiction

Answer 4

S6(1)(b) - production or manufacture of, or conspiracy to produce or manufacture methamphetamine

s10 - aiding offences against corresponding law of another country corresponding to section 6, 9, 12A or 12B

s12 - commission of offences outside NZ

Question 5

Large Scale Dealing

Answer 5

Large Scale Dealing means the suspected dealing in a quantity of drugs is more than 5 times the quantity of the presumption threshold. Proved by:
- admissions of defendant
- amount and sophistication of equipment
- volumes of precursor material found
- evidence of chemical purchases
- intercepted communication
- Significant cash
- Travel movements

Question 6

Cannabis Cultivation

Answer 6

Cultivation of Class C drug where there is:
- evidence of large scale cultivation
- substantial evidence derived from a surveillance device involving audio interception

Proved by:
- volume cannabis found in defendants possession
- evidence of extensive and sophisticated ongoing operation involving regular crop rotation
- evidence of extensive crop yields

Question 7

*Analysis Evidence

Answer 7

Certificate of analysis may be produced in Court insisted of calling oral evidence in offences concerning controlled drugs. The advantage is that the analyst is not required to give oral evidence, and therefore cannot be cross-examined, which saves both time and money.

For the certificate to be admissible, certain procedures must be strictly followed:
- chain of evidence is unbroken
- the material to be analysed is not tampered with or contaminated
- the defence is aware of the analysis and the results and is given reasonable time to prepare a defence

Question 8

*Admissibility of Certificate

Answer 8

The certificate is admissible only if:
- the defendant is served at least 7 days of the hearing
- the defendant does not, at least 3 days before the hearing, give written notice that the analyst be called
- the court does not request the oral evidence of the analyst

Question 9

Protection of Police Officers

Answer 9

Police officers who commit an offence in the course of their duties are protected under s34A of the Act

Question 10

Officers Credibility

Answer 10

The trail judge has the discretion to exclude prosecution evidence if Police conduct in obtaining that evidence has extended into the area of unacceptable encouragement.

Question 11

Instruments of Crime (142B of Sentencing Act)

Answer 11

Places mandatory obligations for the court to be notified of any relevant property that is an instrument of crime so that forfeiture of that property can be considered as part of the sentencing process. The obligation to notify the court is on the prosecutor.