Card Mixture Flashcards
(25 cards)
What is section 13A Misuse of Drugs Amendment Act 1978
Internal search for people who are not under arrest
RGTB concealing class A or B controlled drugs
What are the two types of controlled delivery?
Clean controlled delivery - no drugs left on consignment (conspiracy only)
Leave an amount of drug with the consignment - possession for supply
Supplying Class A or Class B controlled drug
Section 6(1)(c) MODA 1975
Imports
In relation to any goods. The arrival of goods into New Zealand whether lawfully or unlawfully from a point outside of New Zealand
New Zealand
The land and waters enclosed by the outer limits of the territorial sea of New Zealand
Saxton v Police
To import includes “to introduce from abroad or to cause to be brought in from a foreign country”
Amount for supply Heroin
0.5 grams
Section 45 S&S 2012
Restrictions on trespass surveillance and use of interception device
Section 23 S&S 2012
POST ARREST
Internal search of a person under arrest for an offence against section 6, 7 or 11 MODA 1975
Class A, B and C controlled drugs
What is section 11 MODA 1975
Theft of a controlled drug
What does section 31 MODA 1975 cover?
Evidence of analysis
- the defendant must receive an analyst certificate 7 days before hearing at which it is to be presented as evidence
- if they do not wish to accept the certificate the defendant must give notice in writing 3 days before hearing that they wish the analyst be called as witness by Prosecution
R v Hancox
The bringing of goods or cause for goods to be brought into the country does not cease as the aircraft or vessel enters NZ’s territorial Limits
R v Rua
The words “produce” or “manufacture” broadly cover the creation of controlled drugs by some form of process which changes the original substances into a particular controlled drug
Section 64 Search and Surveillance Act 2012?
Disposal of raw surveillance data, excerpts and information obtained
What types of surveillance device are there?
An interception device, a tracking device and a visual surveillance device
What drug offences are deemed to be category three offences?
Offences against section 6 of the MODA 1975
- importing OR exporting
- manufacturing OR producing
- Supplying OR administering OR offer to supply OR offer to administer
- sell OR offer to sell
- possessing for any of the above purposes any controlled drug
When can a defendant charged with a drug offences elect a trial by jury?
If the offence is a category 3 offence (punishable by imprisonment of two or more years) the defendant will have the right to elect trial by jury
What are the general time limits for filing charges that are drug offences?
The general rule regarding offences against the MODA 1975 or Regulations is that you must file charging documents within 4 years of the offence bring committed (section 28(b))
Section 28(a) allows you to file charging documents at any time for offences of
Dealing S6
Cultivating S9
Aiding offences against corresponding law in another country S10
What criteria is required for an Analysts certificate to be admissible at Court
- the chain of evidence is unbroken
- the material to be analysed I’d not tempered with or contaminated
- the defence is aware of the analysis, the analysts certificate is given notice of analysis within specific timeframes to allow them to have reasonable time to prepare a defence
Name two common examples of instruments of crime in drugs dealing cases
Two common examples of instruments of crime in drug dealing cases are;
- a house used to manufacture methamphetamine
- a motor vehicle used to deliver drugs
What are the two powers under S&S 2012 and MODA 1975 relating to concealing drugs?
Section 23 S&S 2012;
People believed to be concealing drugs who are under arrest for specific offences under 5, 7 or 11 MODA 1975 in relation to Class A, B Or C controlled drugs
Section 13A misuse of drugs amendment act 1978 is for dealing with people believed to be concealing class A or Class B controlled drugs internally who are NOT under arrest
Section 16 of the MODA 1975 relates to Obstruction. Who does it apply to?
Every person who commits an offence against this act who wilfully obstructs, hinders, resists or deceives any other person in the execution of any powers conferred on that other person by or pursuant for his act.
The offence of Obstruction in the MODA relates specifically to obstruction of ANYONE who is executing powers to the MODA 1975
What does section 43, 44 and 45 of the Medicines Act 1981 relate to?
Prescription medicines and medication that are found during a search warrant that are unnamed it unlabelled bottles or products
What has been held by the Courts in relation to the protection of informers and owner/occupiers of premise used for surveillance
R V rankine
It is in the public interest that nothing should be done to discourage members of the public from coming forward to provide information to police. The reasons which give rise to the rule that an informer is not to be identified, apply with equal force to the identification of the owner or occupier of the premises used for surveillance and to the identification of the premises themselves
