Short Answer Questions

Question 1

What must be proved in any drug offence in relation to “guilty knowledge”

Answer 1

1. the defendant knew about the drug offending
2. the defendant knew the substance was a controlled drug
3. the defendant intended to cause the drug offending

Question 2

What must the Crown prove the defendant had in possession of drugs cases

Answer 2

1. knowledge that the drug exists
2. knowledge that it is a controlled drug
3. some degree of control over it
4. an intention to possess it

Question 3

Drug importers will commonly use which 4 methods to bring drugs into NZ

Answer 3

1.have drugs concealed in or on their person or luggage
2.have another person (mule) bring drugs in for them
3.send or have drugs sent by international mail or courier
3.conceal drugs inside legitimate goods
(shipping container

Question 4

What does Produce mean

Answer 4

• to bring something into being; or

- to bring something into existence from its raw materials or elements

Question 5

What is Manufacturing

Answer 5

• the process of synthesis;

- combining components or processing raw materials to create a new substance

Question 6

When is the offence of producing or manufacturing a controlled drug complete

Answer 6

Once the prohibited drug is created

whether or not it is in useable form

Question 7

Explain the difference between administering and supplying

Answer 7

Administering involves introducing a drug directly into another person’s system

Question 8

Explain selling

Answer 8

A sale occurs when a quantity or a share in a drug is exchanged for some valuable consideration.
Commonly money, anything of value will suffice.

Question 9

Explain giving

Answer 9

Involves handing over or in some other way transferring an item to another person.
It is complete when the recipient accepts possession,
or where the drug is placed under the control of a willing recipient.

Question 10

Explain distributing

Answer 10

Relates to the supply of drugs to multiple people.

It is complete when the defendant has done all that is necessary to accomplish delivery of the drug to others.

Question 11

Explain supply

Answer 11

To furnish or provide something that is needed or desired.

It includes conferring on the recipient the ability to use the drugs for his or her own purposes.

Question 12

Explain otherwise deals

Answer 12

It is aimed at dealing in a drug by some other means other than by distributing, giving or selling it, administering it or offering to supply or administer it

Question 13

Offering to supply or administer.

The prosecution must prove two elements -

Answer 13

1. the communicating of an offer to supply or administer a controlled drug (actus reus)
2. an intention that the other person believes the offer to be genuine (mens rea)

Question 14

Wilful Blindness

In terms of proving guilty knowledge what should you prove

Answer 14

That the defendant deliberately turned a blind eye to the facts will suffice

Question 15

Proving useable quantity

Sec.29A MODA 75

Answer 15

While it is necessary that the amount of the controlled drug is of a useable quantity, under Sec.29A it is not necessary for the prosecution to prove the fact unless the defendant puts the matter in issue.

Question 16

For charges under Sec.12A(1) the Crown must prove 3 elements

Answer 16

1. the defendant supplied, produced or manufactured equipment, material or precursors
2. those items are capable of being used in the production or manufacture of controlled drugs, or cultivation of prohibited plants
3. the defendant knew those items were to be used for such an offence by another person

Question 17

For charges under Sec.12A(2) the Crown must prove 3 elements

Answer 17

1. the defendant has equipment, material or precursors in his possession
2. those items are capable of being used in the production or manufacture of controlled drugs, or cultivation of prohibited plants
3. the defendant has the intention that those items are to be used for such an offence, either by himself or another person

Question 18

Proving intent in drugs cases.

Intent to supply may be inferred from:

Answer 18

• admissions
• circumstantial evidence ($, scales, tick-list etc)
• statutory presumption under Sec.6(6)

Question 19

What 4 key activities should the telephone investigator undertake in the first 24 hours of a major operation

Answer 19

1. Trapping or pre loading phone data.
2. TSP liaison.
3. Draft s/warrant app. early
4. Execute s/warrants daily

Question 20

Deliver of drug exhibit Sec.31(2)

What are the 2 methods of delivering a drug exhibit to ESR so that certificate evidence can be used

Answer 20

1. In person - to the analyst who is to issue the certificate or to a person authorised by the analyst to receive it.
2. By registered post or courier - with signature required, sealed package to employee authorised by analyst in charge of laboratory.

Question 21

Method of Service

The copy of the certificate & written notice that the analyst will not be called:

Answer 21

• can be delivered to member of the defendant’s family or solicitor
• must be 7 days before hearing
• must be proved to have been served (constable’s endorsement or oral evidence)

Question 22

Protection of CHIS identity and information

Sec.64 Evidence Act 2006

Answer 22

Section 64 - grants privilege to informers that protects their identity & extends to information that is likely to disclose that identity.