Prosecution Procedure

Question 1

Offences against Section 6

Answer 1

Section 6 - Category 3

• 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 of the above purposes any controlled drug.

Question 2

Offences against Section 7

Answer 2

Section 7 - Category 2

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

Question 3

Election of trial

Answer 3

Category 3 (2+ years) - right to elect jury trial

Category 2 (less than 2 years) - no right to elect jury trial

Question 4

Procedure of charges heard together

Answer 4

If one of the charges is to be tried by jury, then all charges must be tried by jury.

Question 5

What offences are automatically prosecuted?

Answer 5

• Section 6(1)(b) or (2A) - produce or manufacture or conspiracy to produce or manufacture meth
• Section 10 - aiding offences
• Section 12C commission of offences outside NZ

Question 6

What are the 3 categories for sentencing in relation to cultivating cannabis?

Answer 6

Cat 1 - growing small amount for personal use

Cat 2 - small scale for a commercial purpose

Cat 3 - large scale commercial growing

Question 7

TIME LIMITS *

Answer 7

28 (a) - Charging documents can be filed at any time for offences against sections 6, 9, and 10 of the MODA 1975.

28 (b) Any other offence against the Act has a 4 year time limit for charging documents to be filed from the date the offence was committed.

Question 8

BAIL - SECTION 16 *

Answer 8

Section 16 : Judge only may grant bail for drug dealing offence

Question 9

BAIL - SECTION 17 *

Answer 9

17A - Restriction on bail if defendant charged with serious Class A drug offence and is over 18 or 17 charged in District or High Court.

(2) - Defendant has to satisfy the Judge that bail should be granted
(3) 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.

Question 10

Bail application process

Answer 10

1. Application for bail made before District or High Court Judge
2. O/C to forward instructions regarding bail to prosecutor in case bail is granted
3. If bail is opposed full and detailed reasons for OTB should be given. Can include an affidavit for the grounds
4. Judge will remand defendant for CRH date or whatever is considered appropriate.

Question 11

For the evidence in the certificate to be admissible you must ensure……. ?

Answer 11

• chain of evidence is unbroken
• material to be analysed is not tampered with or contaminated
• defense is aware of the analysis and results given to them in a reasonable time to form a defense

Question 12

WHAT ARE THE TWO METHODS OF DELIVERY DRUGS TO ESR?

Answer 12

1. In person to the analyst or person authorized by the analyst to receive it
2. by registered post or courier with signature required in a sealed package

Question 13

Method of service - copy of certificate

Answer 13

• can be delivered to defendants family or solicitor
• must be dated at least 7 days before hearing
• must be proved to have been served by oral evidence or constable’s endorsement

Question 14

ADMISSIBILITY OF CERTIFICATES *

Answer 14

Certificates are only admissible evidence if:

• you notify the defendant of your intention at least 7 days before the hearing, and give them a copy of the analyst’s certificate
• the defendant does not request, at least three days before the hearing and in writing, that the analyst be called
• the Court does not request the oral evidence of the analyst.