Short Answers 2

Question 1

Criteria for a surveillance device warrant - Section 51 S&S Act 2012

Answer 1

There are reasonable grounds:
1. To suspect that an offence has been committed or is being committed or will be committed in respect of which this Act or any enactment specified in column 2 of the schedule authorizes the enforcement officer to apply for a warrant to enter the premises for the purpose of obtaining evidence about the suspected offence and
2. To believe that the proposed use of the surveillance device will obtain information that is evidential material in respect of the offence and
The restrictions in section 45 do not prevent the issue of a surveillance device warrant in the circumstances.
A high standard of evidence is required to satisfy the judge which means that you will have to disclose in the application certain matters that you would normally regard as confidential.

Question 2

Detail Internal search section 13a - summary on pg 74

Answer 2

Differences between 13A MODA 75 and section 23 SASA2012 (internal searches) pg 73
MODA 75 - Reasonable cause to believe (and not arrested)
S&S 12 - Must be under arrest for offence against Section 6,7 or 11 of Moda75. Constable must have reasonable grounds to believe person has secreted within body any property that may be evidence of the offence with which person is charged or other offence against Section 6, 7 or 11 of Moda.
A person is arrested for a drug dealing related offence, suspect that he is possibly concealing drugs internally, can you search that person under 13A moda75?

Question 3

Section 16 bail act pg 114

Answer 3

A defendant who is charged with or convicted of a drug dealing offence may be granted bail:
(a) In any case by order of a High Court Judge or
(b) If the Defendant does not have any previous conviction for a drug dealing offence, by order of a District Court Judge.

Question 4

12 things you must do for initial action at clan labs where CYPs located

Answer 4

• Removal of the CYP from the immediate scene
• Assigning of an Officer to look after and monitor the CYP
• Assessment of the CYP for injury, illness, or respiratory distress- If a CYP is in need of immediate medical attention this may take priority over decontamination requirements.
• The O/C investigation must ensure that the Medical facility is notified of the contamination issue prior to admission
• Request for CYFs attendance at the scene
• Distribution of suitable personal protective equipment to OT staff together with a decontamination kit for each CYP.
• Most appropriate decontamination for the CYP.
• Photographing of the CYP at the scene.
• Recording of the physical condition of the CYP including any injuries
• Recording of the mental state of the CYP
• Consideration of swabbing the CYP for chemical residues ESR - Ensure the application and search warrant authorizes Police to cause swab or sample to be taken from any CYP present at the premises.
• Securing the clothing worn by the CYP as an exhibit.

Question 5

Things to cover in initial interview with CYP at clan lab

Answer 5

• Basic health questions such as headaches, nausea, breathing, difficulty, dizziness, fatigue etc
• The occupants details
• Details of other siblings or CYPS at the address
• The sleeping arrangements
• The playing and eating areas
• School and preschool details
• The name of the cyps doctor
• Knowledge of drugs, manufacturing, dealing activities
• Police do not arrange placement for the CYP. That is CYFS role

Question 6

How many days can a surveillance warrant be in force?

Answer 6

60 days

Question 6

Who leads the controlled drug delivery operation?

Answer 6

Customs

Question 7

Two methods of delivery of drugs to ESR pg 116

Answer 7

1. Delivery in person to the to the analyst who is to issue the certificate or to a person authorised by the analyst to receive it.
2. Delivery via Registered post or registered courier with a signature required in a sealed package to an employee who has been authorized by the analyst in charge at the laboratory.

Question 8

What was held in R v Rua?

Answer 8

The word Produce or Manufacture broadly covers the creation of a controlled drug by some form of process by changing the original substance to a particular controlled drug.

Question 9

Does a CHIS have to be named in a warrant - legislation section 64 evidence act or case law (R v McGintry) pg 85

Answer 9

It is good practice not to state the name of any covert human intelligence source.
You are not required by law to name your CHIS. 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 informants. However, the trial Judge was entitled to insist on disclosure if he saw fit.

Question 10

Is it possible to be charged with attempted possession (Police v Jay) pg 33

Answer 10

Yes it is Chilwell J 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 attempt to commit an offence.

Question 11

In relation to importing, when is someone liable and when does liability cease? pg 11

Answer 11

Criminal liability arises as soon as the drugs cross the NZ border and an importer may therefore be convicted under section 6 (1) (a) even if the drugs are intercepted by Customs and never reach the addressee.
However, the offence does not end at the border, the process of importation continues while the goods are in transit and only concludes when they have reached their final destination and available to the consignee.

Question 12

4 things that must be done in first 24 hours (o/c phones) pg 96

Answer 12

• Trapping or preloading phone data
• TSP liaison- Establish an effective working relationship with the TSP. Find one person at your TSP to deal with the enquiry. Ownership is critical.
• Draft a Production Order application early, A production order application outlines the backbone of the enquiry. This will form the basis of all future production order and potentially search warrant applications.
• No search warrant required for Emergency situations

Question 13

What must be proved for importation (men’s rea) pg 12

Answer 13

This will involve proof that the Defendant:
1. Knew about the importation and
2. Knew the imported substance was a controlled drug and
3. Intended to cause the importation.

Question 14

How do you prove age for a victim? (R v Forrest and Forrest)

Answer 14

The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victim’s age.

Question 15

Who proves if drug is usable?

Answer 15

Under section 29A it is not necessary for the prosecution to prove that fact unless defendant puts the matter in issue

Question 16

Difference between produce and manufacture

Answer 16

Producing can be described as changing the nature of the original substance, and manufacturing as creating a different substance from the original materials.

Question 17

Definition of supply

Answer 17

To distribute, give, sell

Question 18

What was held in R v During pg 22

Answer 18

An offer is an intimation by the person charged to another that he is ready on request to supply to that other drugs of a kind prohibited by the statute.

Question 19

What was held in R v Brown - use case law to detail the ways that an offence of offers to supply can arise

Answer 19

The Defendant is guilty in the following instances:
1. Offers to supply a drug that he has on hand.
2. Offers to supply a drug that will be procured at some future date.
3. Offers to supply a drug that he mistakenly believes he can supply.
4. Offers to supply a drug deceitfully, knowing he will not supply that drug.

Question 20

3 things to prove guilty knowledge

Answer 20

This will involve proof that the defendant
* Knew about the substance
* Knew the substance was a controlled drug and
* Intended to cause the substance to be supplied

Question 21

Ingredients for supply Class C to under 18 - what must you prove?

Answer 21

Supplies administers or Offers to supply or administer any class C controlled drug to persons under 18 years.
What must you prove - Offering to supply or administer - the prosecution must prove two elements (actus reus and mens rea) pg 22
1. The communicating of an offer to supply or administer a controlled drug.
2. An intention that the other person believes the offer to be genuine

Question 22

Clan lab safety considerations pg 104

Answer 22

• Leave the area immediately, your safety is paramount.
• Never touch, taste or smell any chemicals or equipment.
• Do not attempt to stop the chemical reaction or turn any electrical devices such as lights or fans on or off. The simple act of turning on an electrical switch may cause an explosion.
• Do not shut off the water supply to the house or the chemical reaction.
• Do not smoke in or near a Clandestine Laboratory.
• Do not use tools, radios, cell phones, torches or devices that produce sparks or frictions.
• Do not re-enter the premises.

Question 23

List the 3 steps for using certificate of analysis instead of calling ESR analyst to give evidence?

Answer 23

The defendant must be given a copy of the analyst’s certificate, and written notice that the analyst will not be called at least 7 clear days before the hearing. If Defendant does not wish to accept the certificate as evidence, they have to give notice in writing at least 3 days before he hearing that they wish the analyst to be called as a witness by the Prosecution.