Prosecution Procedure Flashcards
What are the categories for drug offences
Cat 3 - Section 6 • import/export • manufacture/produce • supply class A/B, • sell class C, • possession for supply
Cat 2 - Section 7
• possession/consuming
• supply/administer class C (under 18)
What offences are automatically prosecuted by the crown
- s6(1)(b) production of meth
- s6(2A) conspiracy to produce/manufacture meth
- s10 aiding offences against corresponding law of another country
- s12C commission of offences outside NZ
When can a defendant elect trial by jury
When charged with a category 3 offence.
Punishable by imprisonment of 2yrs or more
When will the crown prosecute other drug offences
s6(1) or (2A) dealing or conspiring to deal in Class A (except manufacture or conspiracy) if
a) quantity is more than 5 times the quantity for presumption, including in combination with any other charges being heard together in the proceeding OR
b) evidence of large scale dealing beyond the actual quantity seized OR
c) substantial evidence derived from a surveillance device involving audio interception
Class B
a) quantity is more than 10 times the quantity for presumption
b) evidence of large-scale dealing beyond the actual quantity seized
c) substantial evidence derived from a surveillance device involving audio interception
Class C
a) evidence of large-scale commercial dealing
b) substantial evidence derived from a surveillance device involving audio interception
Large scale dealing maybe substantiated by…….
(i) Admissions made by the defendant;
(ii) The amount and sophistication of equipment found in the defendant’s
possession;
(iii) Volumes of precursor materials found in the defendant’s possession;
(iv) Evidence of chemical purchases;
(v) Intercepted communications;
(vi) Observation evidence, particularly over extended periods;
(vii) Significant cash holdings and/or movements;
(viii) Evidence, including records, of proposed and/or actual sales;
(ix) Other evidence of sophisticated, organised or large-scale dealing – eg,
travel movements;
(x) Expected evidence at trial of co-offenders (ie, taken after plea and
sentence), informants or other Crown witnesses.
What are the implications on bail for drug dealing offence
Section 16 Bail Act.
Judge only may grant bail for drug dealing offence
“A defendant who is charged with or convicted of a drug dealing offence may be granted bail by order of a High Court Judge or District Court Judge but not otherwise.”
“drug dealing” offence means……
(a) any offence against section 6 or 12C(1)(a) of the Misuse of Drugs Act 1975 in relation
to a Class A controlled drug or a Class B controlled drug; or
(b) an attempt to commit an offence referred to in paragraph (a)
Restrictions on bail if charged with a serious class A offence
17A Bail Act
Restriction on bail if defendant charged with serious Class A drug offence
“(1) This section applies to a defendant of or over the age of 17 years who is charged with a serious Class A drug offence.
“(2) No defendant to whom this section applies may be granted bail or allowed to go at large unless the defendant satisfies the Judge that bail or remand at large should be granted.
“(3) In particular (but without limiting any other matters in respect of which the defendant must satisfy the Judge under subsection (2)), the defendant must satisfy the Judge on the balance of probabilities that the defendant will not, while on bail or at large, commit any drug dealing offence.
“(4) In this section, serious Class A drug offence means—
“(a) an offence under section 6 or 12C(1)(a) of the Misuse of Drugs Act 1975 for
contravention of section 6(1)(a), (b), (c), or (f) in relation to a Class A
controlled drug; or
“(b) an attempt to commit an offence in paragraph (a).”
The Bail Amendment Act 2013 has changed the definition of a drug dealing offence to include an attempt:
What are the time limits for filing drug charges
S28 MODA
No limit
• s6 dealing
• s9 cultivating
• s10 aiding offences against correspond law in another country
All other offences 4yrs
What does large scale dealing mean
Suspected dealing in a quantity over 5 times the threshold for presumption
An analysts certificate is admissible only if…….
- notify the defendant of your intention at Least 7 days before the hearing and provide them with a copy of the certificate
- the defendant does not request, more than three days before the hearing, in writing, that the analyst be called
- the court does not request the oral evidence of the analyst
- chain of evidence is unbroken
- material to analysed is not tampered with or contaminated
- defence is aware of the analysis and results and is given a reasonable time to prepare a defence.
What are the methods of delivering a drug exhibit to ESR
- in person to the analysts who is to issue the certificate or to a person authorised by the analysts to receive it
- registered post or courier post with a signature required in a. sealed package to an employee who has been authorised by the analyst in charge of the lab
Protection of Police Officers in the course of their duty
Special provisions are made to protect police officers who are working undercover.
The court decides the admissibility or their evidence weighing up whether the officer merely presented an opportunity for an offence or whether the encouraged an offence which would otherwise not have been committed
What are two common instruments of crime in drug dealing offences
- house used to manufacture meth
- vehicle used to deliver drugs
O/C must notify the prosecutor that there is property that is an instrument of crime so they can file a “prosecutors notice” with the court for forfeiture
Large scale commercial dealing may be substantiated by…..
(i) Volume of drugs found in the defendant’s possession;
(ii) Admissions made by the defendant;
(iii) Intercepted communications
(iv) Significant cash holdings and/or movements;
(v) Evidence, including records of proposed and/or actual sales, including detailed and/or extensive supply lists
(vi) Other evidence of sophisticated, organised, or large-scale dealing, e.g. travel movements;
(vii) Expected evidence at trial of co-offenders (i.e. taken after please and sentence), informants or other Crown witnesses;
(viii) Evidence that suggests a continuing course of conduct.
Large-scale commercial dealing
