011 - Drugs Flashcards
(127 cards)
1
Q
Liability: importing drugs
A
6(1)(a)
1-import/export into NZ
2- any controlled drug
2
Q
Liability: prod/manufacture drugs?
A
6(1)(b)
- Produced/manufactured
- A controlled drug
3
Q
Liability: supply class A/B?
A
6(1)(c)
- supply or administer/offer supply
- any class a or b drug
- to any person
4
Q
Liability: supply class C (under 18)
A
6 (1)(d)
- supply/offer supply
- class c controlled drug
- to person under 18
5
Q
Liability: supply class C (over 18)
A
6(1)(e)
- Sell/offer sell
- class C controlled drug
- any person over 18
6
Q
Liability: possession supply?
A
6(1)(f)
- have any controlled drug in possession
- for any purpose in paragraph (c) (d) or (e) of this subsection
7
Q
Penalties for classes A B and C for supply categorised offences?
A
A = life
B = 14 years
C = 8 years
8
Q
Conspiracy penalties for supply categorised charges for classes A B and C?
A
A = 14 years
B = 10 years
C = 7 years
9
Q
Explain subsection 5 of section 6 in reference to a “selling charge” under paragraph (e)?
A
For the purposes of paragraph e, until contrary proven, supply will be deemed to be sell unless otherwise proven
10
Q
4 common methods importers use to import drugs into nz?
A
- concealed on person/luggage
- mule them
- international mail
- concealed in legit goods
11
Q
Def: importation?
A
Arrival of goods in nz, in any manner, lawfully/unlawfully from a point outside nz
12
Q
Case law: SAXTON v POLICE
“Imports includes”
A
Import includes to be brought in from a foreign country
13
Q
When does importation criminal liability begin and when does it end?
A
Liability arises as soon as drugs cross nz border, and continues while in transit concludes only when available to consignee
14
Q
Case law: R v HANCOX
A
“Hands on”
importing exist from time the goods enter NZ until they reach their immediate destination and become available to the consignee or addressee
15
Q
Mens rea of importing?
(3 things to prove)
A
- knew of importation
- knew substance was drug
- intended to cause importation
16
Q
In terms of proving guilty knowledge in relation to wilful blindness in an importation charge proof of the defendant doing what is required?
A
Proof defendant turned a blind eye to the facts will suffice
17
Q
Def: New Zealand?
A
Land/waters enclosed by outer limits of territorial sea of nz
18
Q
How far out is the territorial sea of nz?
A
12 nautical miles from land mass of nz
19
Q
Def: controlled drug?
A
Any substance, preparation, article or mixture (SPAM) specified in schedule 1 2 or 3 includes a controlled drug analogue
20
Q
Def: controlled drug analogue
A
Substances specified in part 7 of schedule 3 with a structure substantially similar to that of any controlled drug
21
Q
Risk level of class A drug?
A
Poses very high risk of harm to individuals and society
22
Q
Risk level of class B drug?
A
Poses high risk of harm to individuals and society
23
Q
Risk level of class C drug?
A
Poses moderate risk of harm to individuals and society
24
Q
Examples of class A drugs?
A
- cocaine
- heroin
- LSD
- meth
- psillocybin
25
Examples of class B drug?
- amphetamine
- cannabis oil
- GHB
- MDMA
- morphine
26
Examples of class C drug?
- cannabis plant/seeds
- BZP
27
With drugs possession and supply what on their mind is presumed?
Guilty knowledge is presumed in absence of evidence to the contrary, up to defendant to raise a reasonable doubt as to state of mind
28
Case law: R v STRAWBRIDGE
“Growing strawberries reverse onus”
if evidence accused honestly believed on reasonable grounds act was innocent they entitled to be acquitted unless jury satisfied BRD this is not so
29
Section 29?
“Mistake defence”
Not a defence defendant didn’t know the substance was the controlled drug alleged
(Believed supplied meth but in fact supplied cocaine)
30
Case law: POLICE v EMERALI
“Minute emerald possession”
Possession does not amount to minute useless residue of substance
31
Case law R v RUA?
“David TUA, godly man creates”
Prod/manufacture covers creation of drugs by process which changes original substance into a particular drug
32
Def: produce?
Bring something into existence from its raw materials or elements
33
Def: manufacture?
synthesis of combining components or processing raw materials to create a new susbatance
34
When is a production or manufacture offence complete?
Once prohibited substance created whether or not in useable form
35
Def: supply?
To furnish or provide something needed or desired
36
Supply includes?
Distribute, give or sell
37
Case law: R v MAGINNIS?
“Mangina supply desire”
Supply involves more than mere transfer of physical control, it includes enabling recipient to use for which he desires
38
Distribute?
Relates to supply of drugs to multiple ppl
39
Selling occurs when?
A quantity of a drug is exchanged for valuable consideration
40
Administering?
Introducing drug directly into another persons system
41
Case law: R v DURING
“During is ready”
Offer Is intimation that ready on request to supply drugs
42
What 2 elements must prosecution prove for an offers charge?
Actus reus: communicating offer to supply
Mens rea: intention other person believes offer genuine
43
Case law: R v BROWN
(4 offers)
Defendant guilty if offers to supply a drug he:
- has on hand
- will procure in future
- mistakenly believes he can supply
- deceitfully and won’t actually supply
44
Case law: R v BROWN
(Offer intent)
“Offer genuine offence”
Making of intimation with intent understood as genuine offer is offence
45
Case law: R v FORREST & FORREST
Prosecution must adduce the best evidence possible in order to prove age
46
What presumption does section 6(5) stipulate?
Presumption that in absence of evidence to the contrary a drug supplied to person over 18 has been sold to them
47
Outline the 2 different and possible parts of the physical element of possession for supply?
Actual custody/control - the person actually has drug in their custody or control
Potential custody/control - includes things subject to his control which is in custody of another
48
Outline the 2 components of the mental element of possession for supply?
Knowledge - possesses the drug and knowledge it is a drug
Intention - intended to exercise possession
49
Case law: R v COX
(Possession)
Possession involves 2 elements, 1st the physical element is actual or potential physics custody/control. 2nd the mental
Element is combination of knowledge and intent, knowledge substance in possession and intent to exercise possession
50
What are the 2 components of proving intent?
Deliberate act and intent to produce a specific result
51
What are the 3 additional types of evidence that may assist to prove intent to supply for a drugs case?
- admissions
- circumstantial evidence
- presumptive amount
52
What does the “Tracy test” suggest re filing charges?
If the purpose for possession cannot be proved or is uncertain, the charge should be drafted in the alternative
53
Presumptive amounts for HCLMMCC?
(Heroin, cocaine, LSD, meth. MD, oil, cannabis)
H and C = .5 grams
L = 2.5 milligrams/25 tabs
M/M and C = 5 grams
C = 28 grams
54
Liability: conspiring to deal with controlled drug?
6(2A)
- conspires with
- another person
- to deal with any controlled drug
55
What is a conspiracy?
Agreed intention common to conspirators mind and common design to commit offence
56
When is a conspiracy complete?
Complete when agreement has been made
57
Liability: supply equipment etc
12A(1)(a) or (b)
- Supply/produce/manufacture
(a)
- equipment/material capable being used for commission offence against section 6(1)(b)
Or
(b)
- any precursor substance
58
Liability: possess equipment etc
12A(2)(a) or (b)
-possession of
- any equipment/material capable of being used for commission offence against section 6(1)(b)
Or
- any precursor substance
- intention substance used for commission of offence against that provision
59
What 3 matters must the crown prove under section 12 supply of equipment charges?
- supplied/produced/manufactured equipment/material/precursors
- those items capable being used in production/manufacture controlled drugs
- knows items to be used for an offence
60
Examples of precursor substances?
Acetic anhydride
Lysergic acid
Ephedrine
61
Liability: cultivation
9
- cultivated
- any prohibited plant
62
Liability: allowing premises?
- knowingly permits any premises
- to be used for the commission of offence against MODA 75
63
Penalties for classes A B and C for allows premises offences?
10, 7 and 3 years
64
Section 16 MODA?
Obstruction
Wilfully obstructs hinders or resists any person exercising powers pursuant to act
65
What is the defence available to cultivation under S9(4)?
Proof prohibited plant was papaver somniferum and not intended to be a source for a controlled drug
66
What section and act allow a customs officer to undertake a controlled delivery?
Section 12 - misuse drugs amendment act 1978
67
What does section 12 of the misuse drugs amendment act 1978 require a customs officer to think and what does it allow a customs officer to do?
RGTB, in any package, craft, mail or vehicle any controlled drug imported into nz, may replace or leave drug and allow delivery to consignee
68
What does section 81 S/S act allow?
During section 12 controlled delivery, constable/customs officer has RGTB:
Person in possession of/in PV a
controlled drug
precursor
replaced package
EM of importation
May do:
- search person involved in delivery
- enter and search any PVC
- seize anything RGTB one of above
69
What are the 2 options with controlled deliveries?
- clean controlled delivery
- leave amount of drug in consignment substitute rest
70
Controlled delivery
What are some steps under initial action phase?
“RCTS”
- Appoint ROLES - O/C (inv, file, exh, electronic, customs liaison)
- liaise early with CUSTOMS
- customs manipulate TRACK/TRACE
- contact SPECIALIST SQUADS
71
What are the 4 phases in general for controlled deliveries? (My interpretation)
Initial action phase
Intel phase
Warrant phase
Delivery phase
72
Controlled delivery:
What do we profile under the intel phase?
“ADOOP”
“ADOOP”
- addressee
- delivery address
- OP address
- OP address occupants
- package
S46 considerations
Re pack options
73
Controlled delivery:
What options to consider with repacking?
“ADOMCT”
“ADOMCT”
- audio device
- dye trap
- opening device
- multiple packages
- covert marking
- tracking device
74
Controlled delivery:
What to consider during delivery phase?
- method
- PO Box considerations
- if no one home
- if addresses accepts package
- goes mobile with or w/o package
- log
75
What 2 main things a tracking device can do?
Device ascertain location of person/thing
Device ascertain if thing handled/opened/tampered
76
Section 46 and subsections, what do these cover?
Situations where SDW required.
Section 46
a- ID - intercept private comms
b- TD - track person/thing
c- VSD - observe/record priv activity priv premises
d- Trespass surveillance
e- VSD - Curtilage priv activity/priv premises - 3hrs/8hrs
77
Outline 2 ingredients of section 48 emergency powers?
If entitled to apply
Impracticable in circumstances obtain SDW in time proposed to surveill
78
Section 48(2)(e) SS act?
RGTS offence has is will commit re controlled drug
RGTB SD will locate EM of offence
79
Section 48(2)(f)
RGTB person in possession of thing from 81(2)(a) to (d) and RGTB surveillance device necessary to facilitate things seizure
80
Section 23 SS relates to internal searches. What sections MODA does this relate to?
Persons under arrest for offences section 6,7 and 11 MODA
81
2 main forms of tracking device?
Beacon and GPS
82
Private communication?
Comms made in circ”s reasonably indicate any party to comms desire it be confined to the parties
83
Interception device?
EMOEE AEIO to intercept/record private comms
84
VSD?
EMOEE AEIO used to observe/record private activity
85
Tracking device?
Device by electronic means help ascertain location thing/person or if thing opened or tampered with
86
What is a surveillance device?
ID, TD, VSD that assists or enhances normal capabilities to carry out surveillance
87
If trespass surveillance is involved with the use of a VSD, what type of offence and penalty is required?
Serious offence - 7 years plus
88
What does section 47 allow in relation to recording? (2 things)
(a) lawfully in PP and recording what they observe/hear
(b) covert audio recording of voluntary oral comms between 2 or more ppl
89
Case law: R v MCGINTY
(Orthodox)
“Isaac ginty orthodox”
Evidence of continued dealing despite the orthodox techniques tried without success was sufficient. Judge not required to refuse warrant because police had not exhausted all alternative investigation techniques
90
Section 57?
Admissibility EM relevant to other offences
91
What does section 57 SS outline?
If conducting surveillance and obtain EM of another offence and
a SD could have been used lawfully to obtain that EM
Then that EM is admissible
92
Section 51 SS?
(Criteria satisfy)
RGTS offence has/is/will be committed
RGTB use of SD will obtain EM
93
Caselaw: R v MCGINTY
(CHIS delete)
Disclosure of ID of informant not required judge correct to delete parts likely to ID informant
94
Section 64 Evidence Act?
Informer privilege, if info would disclose ID
95
What 2 exceptions apply to 64 informer privilege and disallowing the privilege?
Prima facie info given for DH purpose or to enable offence
OR
Evidence of info necessary to enable defendant present effective defence
96
Section 55 SS?
(Content)
Prescribed form
Name judge and date
Provision authorising application
Directed to all cops doing surv
Period time
Type SD
Target
EM may be obtained
Warrant report
97
Section 63 SS act?
(Retention)
- Till conclusion criminal proceeding
- 3 years if no charges or if data required for ongoing investigation
98
Reasons may withhold disclosure of intercepted communications?
- info prejudice maintenance law/investigation offences
- likely endanger safety person
- likely prejudice security of nz
- disclosure of personal/private info
- disclosure of privileged info
99
What does relevance mean simply?
Info/exhibit tends to support or rebut
100
Caselaw: R v RANKINE?
It is in the public interest nothing done to discourage public coming forward to provide info to police. Equal reasons for informer privilege also apply to location and occupiers of premises used for surveillance
101
4 key activities a telephone investigator should do in first 24 hrs of major op?
-trap data
-tsp liaison
-draft PO app
-phone attribution
102
Some common outside indicators of a clan lab?
Chemical odours
Exhaust fans at odd times
Windows blackened
Expensive security
Rubbish of cold meds
103
Some common inside indicators of a clan lab
Lab glassware
Containers with clear liquids chalky coloured solid on bottom
2 layered liquids
Used coffee filters
104
Common signs of exposure to chemicals?
Headaches
Nausea
Burning skin
Coughing/choking
105
Common equipment and materials at clan lab?
See pic
106
3 processes/stages relating to clan labs?
“ECS”
Extraction
Conversion
Synthesis
107
What is the definition of emergency in S135 of the hazardous substances and new organisms act 1996?
Actual or imminent danger to:
-human H&S
-environment/chattels
so significant:
immediate action required
remove danger
108
What supply drug offence is automatically a crown prosecution?
Section 6(1)(b) - manufacture
109
For other supply charges under section 6(1) what are the 3 different scenarios in which it will be a crown prosecution? (Excluding jury election)
- quantity drug 5 x presumptive
- evidence large scale dealing beyond seized amount
- substantial evidence from SD involving audio interception
110
What amounts to large scale dealing for class A then also class B?
5 x presumptive amount class A
10 x for class B
111
Large scale dealing can be cooberated by?
Admissions
Equipment
Volumes pre cursor
Comms/texts
Surveillance
Cash
Proposed/actual sales
112
Categories of cannabis cultivation?
Cat 1 a small # plants personal use no sale
Cat 2 small scale cultivation for commercial purposes
Cat 3 large scale commercial op, with considerable sophistication
113
Time limits for filing section 6 charging doc?
No time limit file at any time
114
Section 16 bail act?
Applied only to class A/B.
Only bail by judge
115
Section 17A bail act?
Reverse onus.
- Charge with serious class A offence
- 18 years +
- satisfy judge bail should be granted
116
What must the defendant satisfy the judge of in bail arguments under section 17A?
Balance probabilities, def won’t, while on bail commit any drug dealing offence
117
For a certificate of analysis and the evidence within to be admissible what 3 criteria need to be satisfied?
- chain evidence unbroken
- material analysed not tampered with or contaminated
- defence aware results reasonable
time to prep defence
118
For a certificate of analysis to be admissible how many days before hearing must defendant be served?
Secondary how long does defendant have to file written notice for analyst to be called?
7 days to serve on defendant and 3 days for defendant to give written notice
119
Section 25 expert evidence allowed if the evidence will……?
Substantially help fact finder in understanding evidence or ascertaining any fact of consequence
120
S142B of sentencing act relates to what?
Prosecution notify court of any relevant property that’s an instrument of crime
121
Time limit for filing charges under section 28(a)?
No time limit for
S6 dealing
S9 cultivation
S10 aiding offences
122
Time limit for filing charges under section 28(b)?
4 years
123
Outline section 20 SS act?
RGTS offence against MODA
RGTB CADD
RGTB drugs in place/vehicle
Enter and search
124
What does section 21 SS act cover?
Search of persons within after S20 invoke
125
S22 SS act?
Search person for drugs
(Ditto ground for S,20 search)
126
Section 19 SS act?
Search of persons found at drug warrant
127
What does 29B MODA deal with?
Producing cannabis preparations.
Cannabis prep produced by subjecting plant to processing that renders it unrecognisable as plant material
Prosecution to prove has THC in it
