Short Answer Qs Flashcards
Define “controlled drug”
A controlled drug means any substance, Preparation, mixture or article specified or described in schedule 1, scheduled 2 or schedule 3 to this act and includes any controlled drug Analogue.
R vs Rua case law
The words produce or manufacture in section 6(1)(b) broadly cover the creation of controlled drugs by some form of process which changes the original substances into a particular controlled drug
Does a CHIS have to be named in a warrant
R v McGINTY
Disclosure of the identity of alleged informants was not required under the act, and the trial judge was correct in deleting from the application certain parts which would have been likely to lead to the identification of the informant. However the judge was entitled to insist on disclosure if he saw fit.
Is it possible to be charged with attempted possession? Use case law
Police v Jay
Held that the commission of the offence of receiving cannabis was not legally impossible although in the circumstances it was factually impossible. As the respondent had criminal intent and did an act for the purpose of accomplishing his object he was guilty of an intent to commit an offence.
What is a controlled delivery?
A controlled delivery occurs when a consignment of illicit drugs is detected often concealed in some other goods and circumstances making it possible for the delivery of those goods to be made under the control and surveillance of NZ customs and police officers with a view to identifying and securing evidence against those involved for the importation or exportation.
In relation to importing when is someone liable and when does liability cease?
Criminal liability arises as soon as the drugs cross New Zealand’s border and an importer made therefore be convicted under section 6(1)(a) even if the drugs and intercepted by customs and never reach the address.
however defence does not end at the border the process of importation continues with the goods in transit and only concludes when they have reached their final destination and are available to the consignee.
What must be proved for importation?
The crown must prove not only that the defendants conduct in someway contributed to the actual importation of the drug and must also prove the defendant guilty knowledge this will involve:
- proof that the defendant knew about the importation and
- knew the imported substance was a controlled drug and
- intended to cause the importation.
Proving age? Case law
R v Forrest and Forrest
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age.
E.g a birth certificate and a statement from somebody who was there at birth to verify it.
Criteria for issuing a surveillance device warrant?
There are reasonable grounds to suspect that an offence has been committed or has been committed will be committed and respect and watch this at all or any enactment specified and come to the schedule authorises in Forseman officer to apply for a warrant to enter premises for the purpose of obtaining evidence of a suspect the fence and to believe that the pros propose use of the surveillance device will obtain information as evidential material in respect of the fence and the restrictions in section 45 do not prevent.
List the four points for unplanned entry to a clan lab
Immediately remove persons of interest from the premises.
Isolate the site and maintain a safer perimeter
Preserve the crime scene.
Notify the duty inspector or duty NCO contact National clan lab team and when appropriate the fire service and ambulance
Seek advice from a national clan lab team member about any contamination issues
Seek medical advice if you experience any adverse affects
Section 16 of the bail act
A defendant who is charged with or convicted of a drug dealing offence may only be granted bail: (a) in any case by order of a High Court judge (b) if the defendant does not have any previous convictions for a drug dealing offence by order of a district court judge.
Points to consider when profiling the address of a controlled delivery
Previous occupiers Real person or false name Connections to delivery address Relevant convictions/noting/associations Travel/connections to country of origin Bank accounts large deposits overseas transfers
Signs of a clan lab
Outside:
Chemical owners coming from the building rubbish or detached buildings. The owners can be sweet better ammonia or someone smells
Exhaust fans running at all times
Frequent visitors at all hours
Windows black and out of curtains always drawn
People coming outside of major smoke
Occupants unfriendly, appear secretive about their activities, exhibit paranoid or old behaviour
Expensive security and surveillance gear
Access denied to Landlord‘s neighbours or other visitors
Rubbish containing a large amount of cold medication, boxers containers with labels removed.
Inside:
Laboratory glassware, equipment and documents
Containers with clear liquids in them with a chocolate coloured solid on the bottom
Containers with two late liquids in them one dark coloured liar and one clear all pale yellow later
Used coffee filters containing either a white pasty or reddish brown substance
Baking dishes or someone containing a white crystalline substance
The presence of hotplates need chemicals
Evidence to look for in a search warrant involving controlled deliveries
Track and trace receipts, correspondence, computers faxes and sell phones, emails, contactless numbers, packaging from previous amputations, money and financial records, scales and packaging etc in relation to supply charges, PO Box documentation, travel documentation, passports
What is the difference between produce and manufacture
Producing can be described as changing the nature of the original substance and manufacturing is creating a different substance from the original materials
