Prosecution Procedure Flashcards
Offences against Section 6 of the Misuse of Drugs Act are category 3 offences. These include:
- Importing or exporting
- Producing or manufacturing
- Supplying or administering, or offering to supply or administer
- Selling or offering to sell (Class C only)
- Possessing for any purpose of the above
Offences against Section 7 are category 2 offences. These include:
- Possession and consuming controlled drugs
- Supplying, administering or offering to supply or administer Class C controlled drugs
Explain when a defendant can elect a jury for drug offences:
If the offence is category 3 (punishable by 2 years or more imprisonment) the defendant can elect trial by jury.
If the offence is category 2 (less than 2 years) or community based sentence the defendant CANNOT elect trial by jury
Explain what happens when there is a mixture of High Court and District Court charges and when 1 charge is elected jury:
If one charge is to be tried by a jury, then all charges must be tried by jury.
If one charge is to be tried in High Court, all charges must be tried in High Court
If more than one defendant elects above then all must be jury trial.
What offences are automatically prosecuted by the Crown following plea?
- Section 6(1)(b) or (2A) production or manufacture or conspiracy to produce or manufacture methamphetamine
- Section 10 Aiding offences against corresponding law of another country corresponding to Section 6, 9, 12A or 12AB
- Section 12C Commission of offences outside NZ
Other drug offences will only be Crown prosecutions if certain criteria are met. What is that criteria?
Dealing or Conspiring to deal in a Class A drug if…
a) the quantity is more than 5 times presumption threshold, including in combination with other charges being heard together
b) there is evidence of large scale dealing beyond the actual quantity seized
c) there is substantial evidence derived from a surveillance device involving audio interception
What is “large scale dealing”?
Means suspected dealing in a quantity that is 5 times the presumption threshold.
This factor operates when the quantity of drugs seized is not a reliable indication of the size of the dealing operation.
Name 5 ways you can substantiate large scale dealing:
- Admissions made by the defendant
- The amount and sophistication of equipment found in defendants possession
- Volumes of precursor materials found in defendants possession
- Intercepted communications
- Signifiant cash holdings
What criteria must be met for the crown to prosecute Class B offences?
Section 6(1) or (2A) Dealing or Conspiring to deal Class B if:
a) The quantity is more than 10 times the presumption threshold, including combination with other charges
b) there is evidence of large-scale dealing beyond the quantity seized
c) there is substantial evidence derived from surveillance device involving audio interception
What criteria must be met for the crown to prosecute Class C offences?
Section 6(1) or (2A) Dealing or Conspiring to deal Class C if:
a) evidence of large-scale commercial dealing or
b) substantial evidence derived from a surveillance device involving audio interception
Cannabis Cultivation is divided into three broad categories:
1: growing a small number of plants for personal use without any sale to another party occurring or being intended
2: small-scale cultivation of plants for commercial purpose ie, object of profit
3: large-scale commercial growing, usually with considerable degree of sophistication and organisation
When would the Crown prosecute a cultivation offence?
Section 9 Cultivation (or conspiring) of Class C where there is….
a) evidence of large-scale commercial cultivation or
b) substantial evidence derived from a surveillance device involving audio interception
How can you substantiate large scale commercial cultivation??
- Volume of cannabis found in possession
- Evidence of an extensive and sophisticated operation involving regular crop rotation
- Evidence of extensive crop yeilds
Time limits for filing charges:
Anytime:
Section 6 - Dealing
Section 9 - Cultivating
Section 10 - Aiding offences against corresponding law in another country
Four years for any other offence
