Prosecution Procedure Flashcards
Offences against section 6
importing or exporting
producing or manufacturing
supplying or administering
selling or offering to sell
possessing for any of the above purposes
Offences against section 7
possession and consuming
supplying, administering Class C
Crown prosecutions
- s6(1)(b) or (2A) production or manufacture of or conspiracy to produce or manufacture meth
- s10 aiding offences against corresponding law of another country corresponding to section 6, 9, 12A or 12AB
- s12C Commission of offence outside of NZ
Criteria for class A
- the quantity is more than 5 times the presumption threshold.
- there is evidence of large scale dealing beyond the quantity seized.
- substantial evidence from a surveillance device involving audio interception.
Criteria for class B
- the quantity is more than 10 times the presumption threshold.
- there is evidence of large scale dealing beyond the quantity seized.
- substantial evidence from a surveillance device involving audio interception.
Criteria for class C
- evidence of large scale commercial dealing.
- substantial evidence from a surveillance device involving audio interception.
Categories of cannabis cultivation
1 - growing of a small number of plants for personal use
2 - small scale cultivation
3 - large scale commercial growing usually with a considerable degree of sophistication and organisation
Time limits for filing charges
Section 28(a) - file at any time for:
- dealing (s6)
- cultivating (s9)
- aiding offence against corresponding law in another country (s10)
Section 28(b) - 4 years after the date on which the offence was committed
Section 16 Bail Act
Defendant charged with or convicted or a drug dealing offence may be granted bail by High Court Judge or District Court Judge.
Section 17A Bail Act
Restriction on bail if defendant charged with serious class A drug offence.
No defendant will be granted bail unless the defendant satisfies the Judge on the balance of probabilities will not commit any drug dealing offence (reverse onus).
Section 3 Bail Act
Drug dealing offence means
- any offence against section 6 or 12C(1)(a) MODA1975 class A or B
- an attempt to commit an offence above
