Prosecution Procedure - Crown Prosecutions

Question 1

What Drug offences are automatically prosecuted?

Answer 1

• Section 6(1)(b) or (2A) - production or manufacture of or conspiracy to produce or manufacture, methamphetamine
• Section 10 - Aiding offences against corresponding law of another Country
• Section 12C - Commission of offences outside NZ

Question 2

What is Large-Scale Dealing?

Answer 2

Suspected dealing in a quantity of drugs that is more than 5 times the presumption threshold.

Question 3

Large-Scale Dealing maybe substantiated by?

Answer 3

a) Admissions by the Defendant
b) Amount and sophistication of equipment found in Defendant’s possession
c) Volumes of precursor materials found in the Defendant’s possession
d) Evidence of Chemical Purchases
e) Intercepted Communications
f) Observation evidence, particularly over extended periods
g) Significant cash holdings and/or movements
h) Evidence, including records, proposed and/or actual sales including details supply lists
i) Evidence suggesting a continuing course of conduct
k) Expected evidence at trial

Question 4

What is Large-Scale Dealing for Class A Drug?

Answer 4

More than 5 times.

Question 5

What is Large-Scale Dealing for Class B & Class C Drug?

Answer 5

More than 10 times.

Question 6

Large-Scale Commerical Cultivation (includes)

Answer 6

a) Volume of cannabis found in the Defendant’s possession
b) Evidence of an extensive and sophisticated ongoing operation involving regular crop rotation
c) Evidence of extensive crop yields.