Prosecution Procedure Flashcards
Category Three Drug Offences
- 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
What are Category Two Drug Offences
- Possession and consuming controlled drugs
- Supplying, administering, or offering to supply or administer Class C controlled drugs
Election for jury trial
If offence is category 3 offence (punishable by imprisonment of two years or more) the Defendant will have the right to elect trial by jury
Category 2 Offence (punishable by imprisonment of less than two years or a community based sentence) the Defendant has no right to elect trial by jury
Drug Offences automatically Crown Prosecutions
As per Crown Prosecution Regulations 2013
- s6(1)(b) or 2(A) 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 12AB
- s12C Commission of offences outside NZ
Criteria for Class A to be Crown prosecution
Section 6(1) or 2A dealing or conspiring to deal in a class A drug (except for manufacture or produce) if-
(a) the quantity of drugs is more than 5 times the quantity of the presumption threshold, including in combination with any other charges being heard together in the proceeding
or
(b) there is evidence of large scale dealing beyond the actual quantity seized
or
(c) there is substantial evidence derived from a surveillance device involving audio interception
Large scale dealing (meaning)
suspected dealing in a quantity of drugs more than 5 times the presumption threshold
Large Scale dealing may be substantiated by: (11)
- Admissions made by Defedant
- The amount and sophistication of equipment found in the defendant’s possession
- Volumes of precursor materials found int he defendant’s possession
- evidence of chemical purchases
- intercepted communications
- observation evidence, particularly over extended periods
- significant cash holdings and/or movements
- evidence, including records, of proposed and/or actual sales, including detailed and/or extensive supply lists
- Other evidence of sophisticated, organised or large scale dealing - eg travel movements, volume of drugs found in defendants possession
- expected evidence at trial of co-offenders (taken after plea and sentence) informants or other crown witnesses
- evidence suggesting a continuing course of conduct
Criteria for class B to be Crown prosecution
S6(1) or 2A Dealing or conspiring to deal in a CLass B controlled drug if
(a) the quantity of drugs is more than 10 times the quantity of the presumption threshold, including in combination with any other charges being heard together in the proceeding
or
(b) there is evidence of large-scale dealing beyond the actual quantity seized
or
(c) there is substantial evidence derived from a surveillance device involving audio interception
Criteria for Class C to be crown prosecution
s6(1) or 2A dealing or conspiring to deal in a Class C controlled drug where there is -
(a) evidence of large-scale commercial dealing
or
(b) substantial evidence derived from a surveillance device involving audio interception
Three Categories of Cannabis Cultivation
1- growing of a small number of plants for personal use by the offender without any sale to another party occurring or being intended
2- small-scale cultivation of cannabis for a commercial purpose, ie. with the object of deriving profit
3- large-scale commercial growing, usually with a considerable degree of sophistication and organisation
Cultivation Category 3 is Crown prosecution
s9 Cultivation of (or conspiring to) a Class C controlled drug where there is -
(a) evidence of large-scale commercial cultivation
or
(b) substantial evidence derived from surveillance device involving audio interception
Large-Scale Cultivation
- Volume of cannabis found in Defendants possession
- Evidence of an extensive and sophisticated ongoing operation involving regular crop rotation
- evidence of extensive crop yields
Filing charges time limits
Section 28 MODA 1975
28(a) allows you to file charges at any time for:
- dealing (s6)
- cultivating (s9)
- aiding offences against corresponding law in another country (s10)
28(b) states the limitation for any other offence against the Act is 4years after the date on which the offence was committed
Bail Act 2000
Section 16
Judge only may grant bail for drug dealing
‘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’
Bail Act 2000
Section 17A
Restriction on bail if defendant charged with serious Class A offence. (reverse Onus)
(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) ‘the defendant must satisfy the judge ….. that they will not while on bail or at large commit any drug dealing offence
