Flashcards in Drugs 011 Deck (119)
List the different situations/methods of importation in which a controlled delivery will generally occur. (Must Know)
International mail centre - Inside a mail article
International airport - Arriving courier using either body packing, internal concealment or concealed within luggage.
Imported air freight - Within a freight consignment which can be either commercial or private
Imported Sea Freight - As with air freight but arrive via sea
Transhipped air or sea freight - Transiting through New Zealand with a final destination in another country
Arriving commercial vessel - Hidden on board or attached to a vessel that is either unloading or picking up cargo from New Zealand before continuing onto another country
List 10 outside indicators of a clan lab (Must Know).
• Chemical odours, coming from the building, rubbish or detached buildings. The odours can be sweet, bitter, ammonia or solvent smells.
• Exhaust fans running at odd times.
• Frequent visitors at odd hours.
• Windows blackened out or curtains always drawn.
• People coming outside only to smoke.
• Occupants unfriendly, appear secretive about their activities, exhibit paranoid or odd behaviour.
• Expensive security and surveillance gear.
• Access denied to landlords, neighbours, other visitors.
• Rubbish containing a large amount of cold medication containers or packaging.
• Also bottles, plastic containers and boxes with labels removed.
List 5 inside indicators of a clan lab.
• Laboratory glassware, equipment and documents.
• Containers with clear liquids in them with a chalky coloured solid on the bottom or similar.
• Containers with two layered liquids in them, one dark coloured layer and one clear or pale yellow layer.
• Used coffee filters containing either a white pasty or reddish brown substance.
• Baking dishes or similar containing white crystalline substance.
• The presence of hot plates near chemicals.
List the responsibilities of the OC in regards to immediate action steps at a clan lab if there is a child or young person involved.
- Remove CYP from immediate scene
- Assign an officer to look after and monitor CYP
- Provide age appropriate explanations to CYP about what's going to happen to them
- Assessment of CYP by ambo staff
- Request CYF attendance at scene
- Distribute suitable personal protective equipment to CYF staff and CYP decontamination kit for each CYP
- Place CYP in Tyvek suit or wrap in blanket before handover to CYF staff
- Most appropriate decontamination for CYP
- Photograph CYP at scene
- Record physical condition of CYP including injuries
- Record mental state of CYP
- Consider securing clothing from CYP as exhibit
- Preliminary interview with CYP
- Inform CYF social worker of power/authority used to remove and detain CYP before placing them in CYF care or custody
- Give social worker copy of s39 warrant or s42 placement form
- Brief social worker of any relevant info from preliminary interview
- Brief social worker of any health and safety concerns resulting from medical assessment
Conducting a preliminary interview with a CYP at a clan lab scene. What should the interview include?
- basic health questions
- occupant's details
- details of other siblings or CYPs at the address
- sleeping arrangements
- playing and eating areas
- school or pre-school details
- name of CYP's doctor
- knowledge of drugs, manufacturing, dealing activities
What does the OC investigation of a clan lab need to do to follow up?
- Together with CYF, locate any CYP absent from address at time of Police intervention
- Ensure any CYP exposed to clan lab site is checked by a doctor ASAP and within 24hrs
- Ensure CYP medical examination is completed and evidential hair/urine samples taken
- Ensure hair samples and/or toxicology kits are collected from the doctor and forwarded to ESR
- Ensure toxicology results are forwarded to CYF social worker and examining doctor as soon as they are available
- Liaise with CPT as to whether specialist child interview required
Saxton v Police (Case law)
To import includes to introduce from abroad or to cause to be brought in from a foreign country.
R v Hancox (Must Know)
The element of importing exists from the time the goods enter New Zealand until they reach their immediate destination [ie] when they have ceased to be under the control of the appropriate authorities and have become available to the consignee or addressee.
Define the terms producing and manufacturing using case law (Must Know)
R v Rua
The words "produce" or "manufacture" in s6(1)(b) broadly cover the creation of controlled drugs by some form of process which changes the original substances into a particular controlled drug.
What is the difference between producing and manufacturing? (Must Know).
To produce means to bring something into being, or to bring something into existence from its raw materials or elements.
Manufacturing is the process of synthesis; combining components or processing raw materials to create a new substance.
Discuss the element of supply (Must Know).
s2, Misuse of Drugs Act 1975
Includes to distribute, give or sell
R v Maginnis
"[Supply involves] more than the mere transfer of physical control...[it includes] enabling the recipient to apply the thing...to purposes for which he desires..."
The term distribution relates to the supply of drugs to multiple people.
Discuss proving age (Must Know).
R v Forrest and Forrest
"The best evidence possible in the circumstances should be adduced by the prosecution in proof of [the victim's] age."
In practice this generally involves producing the victim's birth certificate in conjunction with independent evidence that identifies the victim as the person named in the certificate.
Define the element of intent regarding drug dealing.
In a criminal law context there are two specific types of intention in an offence. Firstly there must be an intention to commit the act and secondly an intention to get a specific result.
An agreement between two or more persons to commit an offence.
Define importation from the Customs and Excise Act.
S5, Customs and Excise Acts 2018
(a) in relation to any goods, means the arrival of the goods in New Zealand in any manner, whether lawfully or unlawfully, from a point outside New Zealand.
Discuss exportation from Customs and Excise Act.
Time of exportation
S53, Customs and Excise Act 1996
For the purpose of this Act, the time of exportation is the time when the exporting craft leaves the last Customs place at which that craft calls immediately before proceeding to a point outside New Zealand.
Define controlled drug (Must know).
s2, MODA 1975
Means any substance, preparation, mixture or article specified or described in Schedule 1, Schedule 2, or Schedule 3 of this Act and includes any controlled drug analogue.
When is producing or manufacturing complete? (Must know).
The offence is complete once the prohibited substance is created, whether or not it is in a useable form.
Define class A/Class B controlled drug (Must know).
s2, MODA 1975
Means any controlled drugs specified or described in Schedule 1/2 to this Act.
Gender neutral. Proven by judicial notice or circumstantially.
Define class C controlled drug (Must know).
s2, MODA 1975
Means any controlled drugs specified or described in Schedule 3 to this Act, and includes any controlled drug analogue.
Define sell from lesson notes.
A sale occurs when a quantity or share in a drug is exchanged for some valuable consideration. Will commonly be money, but anything of value will suffice.
What 2 things need to be proved for offers to sell?
The prosecution must prove two elements
- the communicating of an offer to sell a controlled drug AND
- an intention that the other person believes the offer to be genuine
What is the MODA definition of sell specific to s6(1)(e)?
s6(5), MODA 1975
For the purposes of paragraph (e) of subsection (1) of this section, if it is proved that a person has supplied a controlled drug to another person he shall, until the contrary is proved, be deemed to have sold that controlled drug to another person.
What is the MODA definition of possession?
s2(2), MODA 1975
For the purposes of this Act, the things which a person has in his possession include any thing subject to his control which is in the custody of another.
Discuss the concept of presumption regarding dealing with controlled drugs.
s6, MODA 1975
For the purposes of subsection (1)(f), a person is presumed until the contrary is proved to be in possession of a controlled drug for any of the purposes in subsection (1)(c), (d) or (e) if he or she is in possession of the controlled drug in an amount, level or quantity at or over which the controlled drug is presumed to be for supply (see s2(1A)).
Outline the penalties for the different classes of drugs.
Class A = life
Class B = 14 yrs
Class C = 8 yrs
List 5 Class A drugs.