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DTP New > Drugs > Flashcards

Drugs Flashcards

1
Q

Liability

Imports into or exports from NZ a controlled drug

A

Imports into or exports from NZ a controlled drug
s6(1)(a) MODA75

Imports into New Zealand
OR
Exports from New Zealand
Any controlled drug

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2
Q

Define imports

A

s5 Customs and Excise Act 2018

Arrival of goods in NZ an any manner (lawfully or unlawfully) from a point outside of NZ

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3
Q

Saxton v Police (imports)

A

To introduce from abroad or to cause to be brought in from a foreign country

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4
Q

When does the criminal liability start for imports/export and refer to appropriate case law

A

Criminal liability starts as soon as it crosses the NZ border and continues while in transit until the consignee

R v Hancox
Bringing goods into the country or causing them to be brought into the country does not cease as the aircraft or vessel enters NZ territorial limits. The element of importing exists at the time the goods enter NZ until they reach their immediate destination eg. when they have ceased to be under the control of the appropriate authorities and have become available to the consignee or addressee

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5
Q

What is the mens rea of importing

A
  • Guilty knowledge
  • Defendant knew about the importation AND
  • Defendant knew the imported substance was a controlled drug
  • Defendant intended to cause the importation
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6
Q

Define wilful blindness

A

In terms of proving guilty knowledge, proof that the defendant deliberately turned a blind eye to the facts will suffice

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7
Q

Define NZ in terms of s5 Customs and Excise Act 2018

A

Land and waters enclosed by the outer limits of the territorial sea of NZ - outer limit is 12 nautical miles from the NZ land mass

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8
Q

Define controlled drug

A

Any substance, preparation, mixture, or article specified or described in Schedules 1, 2, 3 and includes any controlled drug analouge

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9
Q

What is a class A drug and give some examples

A

Controlled drugs specified or described in Schedule 1. They pose a very high risk of harm to individuals and society

Cocaine
Heroin
LSD
Methamphetamine
Psilocybine
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10
Q

What is a class B drug and give some examples

A

Controlled drugs specified or described in Schedule 2. They pose a high risk of harm

Amphetamine
Cannabis preparations (cannabis oil, hashish)
GHB
MDMA
Morphine
Opium
Pseudoephedrine
Ephedrine
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11
Q

What is a class C drug and give some examples

A

Controlled drugs specified or described in Schedule 3. They pose a moderate risk of harm

Cannabis plant
Cannabis seeds
BZP
Controlled drug analogues

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12
Q

What is a controlled drug analogue

A

Any substance such as those described in Part 7 of Schedule 3 and has a structure substantially similar to that of any controlled drug but does NOT include:

  • Substance specified in schedule 1 or 2 OR parts 1-6 of schedule 3
  • Pharmacy only medicine/prescription medicine/restricted medicine
  • Approved product within meaning of Psychoactive Substances Act 2013
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13
Q

R v Strawbridge (knowledge)

A

It is not necessary for the crown to establish knowledge on the part of the accused. In the absence of evidence to the contrary knowledge on her part will be presumed, but if there is some evidence that the accused honestly believed on reasonable grounds that her act was innocent, then she is entitled to be acquitted unless the jury is satisfied beyond reasonable doubt that this was not so

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14
Q

Police v Emirali (usable quantity)

A

Possessing a narcotic does not extend to some minute and useless residue of the substance

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15
Q

Liability

Produces or manufactures a controlled drug

A

Produces or manufactures a controlled drug
s6(1)(b) MODA75

Produces
OR
Manufactures
Any controlled drug

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16
Q

R v Rua (producing/manufacturing)

A

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

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17
Q

Define producing

A

Bring something into existence from its raw materials or elements. Includes compound which is creating a whole by mixing or combining two or more elements or parts

Examples:

  • Separating out component parts like cannabis resin/oil from cannabis plants
  • Pulverising magic mushrooms and placing in capsules ISN’T because didn’t produce psilocybine - didn’t bring something new into existence
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18
Q

Define manufacturing

A

Process of synthesis. Combining components or processing raw materials to create new substance.

Examples:

  • Methamphetamine from pseudoephedrine
  • Heroin from morphine
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19
Q

When is the offence of producing/manufacturing complete?

A

Once the prohibited substance is created, whether or not in a usable form

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20
Q

Define what cannabis preparation are

A

s29B MODA75
Cannabis preparation is when cannabis plant is subjected to some kind of processing rendering it unrecognisable as plant (eg. cannabis oil or cannabis cake). For prosecution to prove preparation contains tetrahydrocannabinols.

This upgrades from class C to B

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21
Q 
Liability
Supplies class A or class B controlled drug
A 
Supplies class A or class B controlled drug
s6(1)(c) MODA75
Supplies
OR
Administers
OR
Offers to supply or administer
OR 
Otherwise deals in
Any class A or class B controlled drug
To any other person
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22
Q

Give the definitions of supplies, distribute, give and sell

A

Supply - includes distribute, give and sell

Distribute - supply to multiple people. Includes distribution of jointly owned property between co-owners

Give - hand over OR in some other way transfer to another person. Giving complete when accept possession OR placed under control of willing recipient. Includes EG when passively permits another to help themselves to drugs

Sell - drug is exchanged for valuable consideration (doesn’t have to be money)

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23
Q

R v Maginnis (supply)

A

Supply involves more than transfer of physical control. Includes enabling recipient to use it for the purpose he desired

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24
Q

Define administers

A

Introducing drug directly into another person’s system

Eg. injecting a person with heroin or heating cannabis resin on knife while another person inhales

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25
Q

What does the prosecution need to prove for offering to supply or administer

A

The prosecution must prove two elements:

  • The communicating of an offer to supply or administer a controlled drug (actus reus)
  • An intention that the other person believes the offer to be genuine (mens rea)
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26
Q

R v During (offering to supply or administer)

A

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

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27
Q

R v Brown (offering to supply or administer)

A

The defendant is guilty in the following instances:

  • Offers to supply a drug that he has on hand
  • Offers to supply a drug that will be produced at some future date
  • Offers to supply a drug the he mistakenly believes he can supply
  • Offers to supply a drug deceitfully, knowing he will not supply that drug
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28
Q

How can an offer be conveyed?

A

Can be conveyed in words, writing or gestures

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29
Q

Define “otherwise deals in”

A

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

Eg. barter or exchange

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30
Q 
Liability
Supplies a class C controlled drug to persons under 18 years
A 
Supplies a class C controlled drug to persons under 18 years
s6(1)(d) MODA75
Supplies
OR
Administers
OR 
Offers to supply or administer
Any class C controlled drug
To any persons under 18 years
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31
Q

R v Forrest and Forrest (age)

A

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

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32
Q

What is the best way to prove the age of a person?

A

Producing the person’s birth certificate in conjunction with independent evidence that identifies the victim as the person named in the certificate

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33
Q 
Liability
Sells a class C controlled drug to person of or over 18 years
A 
Sells a class C controlled drug to person of or over 18 years
s6(1)(e) MODA75
Sells
OR
Offers to sell
Any class C controlled drug
To a person of or over 18 years
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34
Q

What is stated in s6(5) MODA75 when it comes to selling class C to person over 18 years

A

In absence of evidence to contrary presumption class C controlled drug supplied to person over 18 is SOLD. Means defendant has to prove on balance of probability that there was no sale

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35
Q

Liability

Possession of controlled drugs for supply

A

Possession of controlled drugs for supply
s6(1)(f) MODA75

Has in his or her possession
Any controlled drug
For the purposes of supply

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36
Q

R v Cox (possession)

A

R v Cox
Possession involves two elements. The first, the physical element, is actual or potential physical custody or control. The second, the mental element, is a combination of knowledge and intention: knowledge in the sense of an awareness by the accused that the substance is in his possession; and an intention to exercise possession

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37
Q

What four things are needed to prove for possession?

A
  • Knowledge that the drug exists
  • Knowledge that its a controlled drug
  • Actual physical control or some degree of control
  • Intent to possess
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38
Q

Define control

A

Means to exercise authoritative or dominating influence or command over it

A person can control something not in their possession and conversely can have something in their possession that they have no control of (someone slips drugs in their pocket)

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39
Q

Define intent

A

Two parts: an intention to commit an act (must be deliberate and not accidental or involuntary) and an intention to get a specific result (think aim, object, purpose)

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40
Q

How do you prove intent?

A

The offenders actions and words before, during and after event
The surrounding circumstances
The nature of the act itself
Admissions
Circumstantial evidence (packaging, scales, cash, tick lists etc)
The statutory presumption

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41
Q

What are the presumptions for supply?

A 
Heroin = 0.5g 
Cocaine = 0.5g
LSD = 2.5mg or 25 flakes/tablets 
Meth = 5g 
MDMA (Ecstasy) = 5g or 100 flakes/tablets 
Cannabis resin or extract (oil) = 5g 
Cannabis plant = 28g or 100+ cigarettes 
If not specified = 56g
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42
Q

Liability

Conspiring to deal with controlled drug

A

Conspiring to deal with controlled drug
s6(2A) MODA75

Conspires
With any other person
To deal any controlled drug

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43
Q

Define conspiracy

A

Agreed intention between conspirators and common design to commit offence against S6(1) MDA 1975. Conspiracy complete once agreement is made

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44
Q

What are the penalties for the offences under s6(1) and s6(2A) MODA75

A 
s6(1)
Life = when class A drug relates 
Not exceeding 14 years = when class B drug relates 
Not exceeding 8 years = in every other case  
s6(2A)
14 years = where class A drug relates 
10 years = where class B drug relates  
Not exceeding 7 years = in every other case
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45
Q

Define s12A(1) MODA75 - supplies equipment/precursors etc.

A

Liable for 7 years if supplied, produced, manufactured:
(a) any equipment/material capable of being used for the commission of offence against s6(1)(b) or s9
OR
(b) any precursor substance
AND
Knowing the equipment/material/substance is to be used for commission of offence against those provisions

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46
Q

Define equipment, material and precursor substances as part of s12A(1) MODA75

A

Equipment - implements, apparatus, other hardware used (eg. glassware, condensers, heating mantles, pots).

Material - anything used that can’t be described as equipment (eg. chemicals and instructions).

Precursor substance - substance specified part 1/2 schedule 4. Means “fore runner”, comes before something else. Substance that’s starting point in chemical process that’ll result in creation new drug (eg. ephedrine)

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47
Q

Define s12A(2) MODA75 - possession of equipment/precursors with intent to use

A

Liable 5 years if in possession;
(a) equipment/material capable of being used for commission of offence against S6(1)(b) or S9 OR
(b) Any precursor substance AND
with intent equipment/material/substance used for commission offence against those provisions by himself or another person

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48
Q

Define s9 MODA75 - cultivating prohibited plants

A

Liable 7 years except pursuant to license or regulations under this Act can’t cultivate prohibited plant.

Defense if prohibited plant was Papaver Somniferum and not intended to be source of controlled drug OR not developed as strain controlled drug could be produced

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49
Q

Define s12 MODA75 - allowing premises/vehicles etc. to be used

A

Offence knowingly permit premises, vessel, aircraft, hovercraft, MV, other mode of conveyance to be used for purpose commission offence against this Act.

Liable 10 years if class A 
7 years if class B
3 years any other case.
50
Q

Define s16 MODA75 - obstruction of officers

A

Offence if willfully obstruct, hinders, resists, deceives any other person in execution powers conferred by this Act.

Obstruct means impede/make more difficult. Words alone can amount obstruction if believed

51
Q

What is a controlled delivery?

A

Consignment illicit drugs detected, in circumstances making it possible for goods to be delivered under control and surveillance of NZ Customs and Police with a view to ID and secure evidence.

Permitted under s12 MOD Amendment Act 1978.

52
Q

Who has the power to do controlled deliveries?

A

Only customs officers under S12 MOD Amendment Act 1978 and police will assist. If successful Police will arrest/conduct prosecution

53
Q

Give four examples of methods of importation

A
  • International mail centre
  • International airport
  • Imported air or sea freight
  • Arriving commercial vessel
54
Q

What are the two options of controlled deliveries?

A

Option 1
Clean controlled delivery where no drugs left in consignment. Gives greater freedom organising SV and reduces risk of alarming targets. Only importation or conspiracy charges likely to be used.

Option 2
Leave amount of the drug in the consignment. More security and closer surveillance needed even at risk of alarming offenders – policy is to effect overt seizure rather than risk loss of drugs. Option of charging with possess for supply AND allows use of emergency powers.

55
Q

What is the initial action after being notified by Customs of a controlled delivery?

A
  • Appoint roles
  • Liaise with customs OC exhibits and where appropriate take control because Police lead agency so ultimate responsibility. Provide guidance and direction.
  • Consider whether to conduct electronic interception as part of controlled delivery.
  • Request customs manipulate track and trace.
  • Contact Photography, SV, CMC and TSU ASAP.
  • Start planning the operation.
56
Q

What needs to be completed in the intel phase of a controlled delivery?

A

Profile package by considering;

  • Sender location
  • Phone number attached to package/other documentation
  • IMEI/SIM
  • Telecommunications service providers
  • DNA/fingerprinting/handwriting

Profile delivery address by considering (know);

  • Occupants and previous occupants
  • Owner/rate payer details from council
  • HNZ
  • Electricity/gas providers
  • CHIS
  • Police staff who previously visited address

Profile the addressee (know);

  • Real or false name
  • Connections to delivery address
  • Convictions/notings/associations
  • Bank accounts
  • Travel history
  • Business associations

Observation post (know)
-ID staff or friendlies who live in vicinity of target address
Once find suitable address profile it and consider;
-proximity to target address
-Unobstructed line of sight of target address
-Access to address without arousing suspicion
-Phone lines available in street
-Lighting
Once find suitable address profile occupants and consider;
-Convictions/associations
-Employment
-Credit checks
-Cover story

57
Q

Who retains responsibility for package up until its reintroduced into mail/delivery system?

A

Customs

58
Q

What are the steps to follow to repack a controlled delivery package?

A
  • Liaise with customs technical unit.
  • Consider options eg. tracking device, audio device, dye trap.
  • Consider seeking advice from document examiner about recreating the package.
  • Leave appropriate quantities of drugs in the package.
  • Photograph
59
Q

What is the relevant evidence to search for in relation to importation?

A
  • Track and trace receipts.
  • Correspondence.
  • Computers/faxes/cell phone.
  • Emails.
  • Money and financial records
60
Q

What are the three things emphasised in a delivery?

A

Control
Risk management
Communication (key element)

61
Q

What are three methods of delivery?

A
  • Reintroduce into postal system for delivery by postie
  • Delivery by courier
  • Police/Customs pose as postie/courier
62
Q

What to do if its a delivery to a PO box?

A

Consider an opening device and camera on the box

63
Q

What to do if the addressee isn’t at the delivery address?

A

Consider:

  • leave package in the letter box or at the door
  • attempt delivery later
  • leaving a “Card to Call” and wait for contact
64
Q

What do you do if the addressee accepts the package?

A

Consider:

  • monitoring audio/tamper devices and crunch when package opened
  • deciding on length of time to hold cordons
  • staff/resources
  • other operational requirements
65
Q

What is s9 SASA2012? (vehicle stop)

A

Constable may stop vehicle without warrant to arrest person if;

RGTS person is unlawfully at large OR committed offence punishable by imprisonment AND

RGTB person is in/on the vehicle

If target controlled delivery in vehicle no longer has consignment and want to arrest use S9.

66
Q

What is s19 SASA2012? (SW)

A

Constable can search any person found in place/vehicle if SW issued under S6 and the offence specified in SW was against MODA75

67
Q

What is s20 SASA2012? (enter and search for drugs)

A

Constable enter and search place/vehicle without warrant if RGTB not practicable obtain warrant and in/on place/vehicle is;

Controlled drug specified in schedule 1 MDA

Controlled drug specified in part 1 schedule 2 MDA

Controlled drug specified in part 1 schedule 3 MDA

Precursor substance specified in part 3 schedule 4 MDA

AND RGTS offence against MDA been/being/about committed in place/vehicle in relation to the controlled drug/precursor substance

AND RGTB if entry and search not carried out immediately CADD will occur

68
Q

What is s21 SASA2012? (search person)

A

Constable searching place/vehicle under S20 can without warrant search any person found in/on the place/vehicle.

69
Q

What is s22 SASA2012? (search person for drugs)

A

Constable can search person wout warrant if RGTB in possession;

Controlled drug specified in schedule 1 MDA

Controlled drug specified in part 1 schedule 2 MDA

Controlled drug specified in part 1 schedule 3 MDA

Precursor substance specified in part 3 schedule 4 MDA

AND RGTS offence against MDA been/being/about committed in relation to the controlled drug/precursor substance.

Section doesn’t limit S20 or S21 and doesn’t authorise constable to enter/search place/vehicle except in accordance with those sections

70
Q

What is s121 SASA2012? (vehicle stop)

A

EO can stop vehicle to search without warrant if satisfied has grounds to OR with warrant if satisfied warrant issued and in force.

Must on request of person affected;

ID self my name or QID

State name of enactment search under and reason unless impracticable

If not in uniform produce ID

SW should be obtained BUT if impracticable use S81 SSA

71
Q

What is s23 SASA2012? (medical exam)

A

If circumstances below apply constable can require person to permit medical practitioner to conduct internal exam of body by x-ray OR manual/visual exam through any orifice.

Circumstances is that person is under arrest for offence against S6, 7, 11 MDA and RGTB has secreted within body any property;

That may be evidence of offence charged OR

That possession of it constitutes other offence against S6, 7, 11 MDA

Medical practitioner mustn’t conduct internal exam if considers will be prejudicial to health OR satisfied person not prepared to permit exam be conducted.

72
Q

What is s24 SASA2012? (bail opp re medical exam)

A

If circumstances below apply court may decline to consider bail app and until earlier occurs;

Expiry of 2 days after require under S23 OR

Person permits exam to be conducted.

Circumstances is;

Person fails to permit internal exam under S23 AND

Court satisfied request under S23 was properly made on reasonable grounds.

Section overrides contrary provisions about bail in Bail Act 2000, MDA, CPA 2011

73
Q

What is s48 SASA2012? (SDW)

A

If 1+ below apply use surveillance device for 48 hours wout surveillance device warrant if entitled to apply BUT obtaining is impracticable.

5+ situations when entitled to use;

Offence punishable by 14+ years.

Arms Act 1983 offence.

RGTS offence been/being/about be committed in relation to controlled drug specified in Schedule 1, part 1 schedule 2, part 1 schedule 3, precursor substance described in part 3 schedule 4 AND RGTB use of surveillance device would obtain evidential material.

RGTB person is in possession 1+ things described in S81(2)(a)-(d) AND RGTB use of surveillance device necessary to facilitate seizure.

74
Q

What is s81 SASA2012? (search during controlled delivery)

A

If circumstances below apply constable or customs officer may during course of delivery where customs officer exercised powers under S12 MD Amendment Act 1978;

Search person involved in the delivery.

Enter/search place/craft/vehicle.

Seize anything RGTB is a thing described below.

Circumstances are that constable or customs officer RGTB person in possession of OR place/ craft/vehicle contains 1+ of following;

Controlled drug or precursor substance

Package customs officer replaced all/some of

Evidential material in relation to offence under S6(1)(a) or 12AB MOD Amendment Act

75
Q

What is a tracking device?

A

Device used to help ascertain by electronic/other means;

Location of thing or person

Whether thing opened/tampered with/some other way dealt with.

Doesn’t include vehicle or other means of transport such as boat or helicopter

76
Q

Why is early notification to TSU through their supervisor important?

A

Allows discussion of operational requirements to ensure correct device used

Allows for secure installation

Ensure equipment and TSU staff available for installation

Ensure TSU staff are available to assist in tracking/monitoring

77
Q

Define evidential material

A

In relation to an offence or suspected offence means evidence of the offence OR any other item tangible/intangible of relevance to the investigation.

78
Q

Define surveillance

A

Observing and recording of people/places/vehicles/things.

Ascertaining location of thing/person AND ascertaining if thing tampered with.

Intercepting private communication through use of surveillance device

79
Q

Define surveillance device

A

Means device that’s one or more of the following that assists/enhances normal capabilities to carry out surveillance;

Interception device

Tracking device

Visual surveillance device

80
Q

Define what trespass surveillance is

A

Surveillance is unlawful if it involves trespass (which is unauthorised entry onto private land or unauthorised handling of goods)

81
Q

What is visual trespass surveillance?

A

Means trespass surveillance involving use of visual surveillance device

82
Q

What is private communication?

A

Communication (oral/written/telecommunication/otherwise) made under circumstances reasonably taken to indicate any party to communication desires it to be confined to the parties to the communication BUT

Doesn’t include communication in circumstances any party to communication ought reasonably expect communication may be intercepted without express/implied consent

83
Q

What is an interception device?

A

Electronic, mechanical, electromagnetic, optical, electro optical instrument/apparatus/equipment, or other device used or capable being used intercept or intercept/record private communication (incl. telecommunication) BUT

Doesn’t include a hearing aid or similar device used to correct subnormal hearing of the user to no better than normal hearing

84
Q

What is a visual surveillance device?

A

Electronic, mechanical, electromagnetic, optical, electro optical instrument/apparatus/equipment, or other device capable being used to observe or observe/record private activity BUT

Doesn’t include spectacles, contact lenses, similar device used to correct subnormal vision of user to no better than normal vision

85
Q

What is s45 SASA2012? (trespass surveillance)

A

Nothing in Act authorises EO trespass surveillance (other than by tracking device) OR use interception device except in order to obtain evidential material in relation offence;

Punishable by 7+ imprisonment

Offence against specified sections Arms Act 1983

Offence against specified sections Psychoactive Substances Act 2013

86
Q

What is s46 SASA2012? (when to get SDW)

A

Except as provided by S47-48 EO who undertakes 1+ following activities must obtain surveillance device warrant;

Use of interception device to intercept private communication

Use of tracking device except where installed solely for purpose of ascertaining whether thing opened/tampered w and install not involve trespass to land/goods.

Obs of private activity in private premises and recording by means of visual surveillance device.

Use of surveillance device involving trespass to land/goods.

Obs of private activity in curtilage of private premises and recording by means of visual surveillance device and duration for purposes single investigation or connected series of investigations exceeds;

3 hours in 24 hour period OR

8 hours in total

87
Q

What is s47 SASA2012? (when SDW not needed)

A

Don’t need a warrant when;

Lawfully in private premises AND record what observes or hears wout use of surveillance device.

Covert audio recording of voluntary oral communications between 2+ people made w consent of at least 1.

Activities carried out by use of surveillance device authorised under any enactment other than this act.

88
Q

What is s51 SASA2012? (conditions for SDW)

A

Conditions for issuing surveillance device warrant are that;

RGTS offence been/being/about committed that authorises them to apply for a warrant to enter premises to obtain evidence about offence AND

RGTB proposed use of surveillance device will obtain evidential material AND

Restrictions in S45 don’t prevent issuing surveillance device warrant.

89
Q

What is s55 SASA2012? (SDW application)

A

Surveillance device warrant application must;

Be in prescribed form

Be directed to every EO who has authority carry out the surveillance device warrant

Specify period up to 60 days in force for

Include;

Name of issuing judge and date

Name/address/descrip of person/place etc that’s object of proposed surveillance

Evidential material that may be obtained

90
Q

What is s64 Evidence Act 2006? (informer)

A

Informer has privilege in respect of info that would disclose/likely disclose their ID.

Person is informer if;

Supplied gratuitously or for reward info to enforcement agency about possible or actual commission of offence in circ reasonable expectation ID not disclosed AND

Not called as witness to give evidence relating to that evidence.

Includes undercover police officer.

Privilege disallowed if info given for dishonest purpose to enable/aid anyone to commit/plan offence OR judge thinks evidence nec. to allow to present effective defence

91
Q

What are the four miscellaneous acts (s49, 56, 57, 59 SASA2012)?

A

Application for surveillance device warrant must be made by EO and contain certain partic (S49 SSA).

Surveillance device warrant may be carried out by any person it’s directed AND any assistant called upon to help (S56 SSA).

If doing things authorised by surveillance device warrant or surveillance device AND obtains evidential material in relation to different offence evidence not inadmissible! (S57 SSA)

Whoever carried out activities authorised by surveillance device warrant must provide written report to issuing judge/another judge if that one unavailable (S59 SSA).

92
Q

State R v McGinty (alternate investigation techniques)

A

R v McGinty

Judge not required to refuse SW because police haven’t exhausted every conceivable alternative investigative technique

93
Q

What is the CMC and what is its function?

A

Crime monitoring centre
Service centre for electronic interception. Provides investigative teams w app called 4sightUCM which is software program containing lawfully intercepted private comms

94
Q

What is required for the disclosure of interceptions?

A

Defendant entitled of disclosure of all interceptions involving themselves regardless relevant, non-relevant, inadmissible.

Intercepted communications may be relevant but withheld on 1+ following grounds;

Likely prejudice maintenance of law including prevention/investigation/detection offences

Disclosure likely endanger safety any person

Disclosure likely prejudice security or defence of NZ

Relevant = tending to support/rebut or has material bearing on case against defendant

95
Q

What does the law allow for in relation to obtaining call associated data (CAD)?

A

Can obtain on a historical basis using S71 SSA 2012 PO application OR continuing basis using surveillance device warrant

96
Q

Define trapping or preloading phone data

A

Daily process for new numbers. Essential data is trapped at the telecommunications service provider (TSP) the instant new cell phone detected

97
Q

What are the three types of clan labs?

A

Extraction = drug removed from raw material by use of chemical solvents

Conversion = one form of drug changed into more desirable form

Synthesis = raw materials combined by chemical process to produce desired drug

98
Q

What are the clan lab indicators for both inside and outside?

A

Outside

  • Chemical odours
  • Exhaust fans running at odd times
  • Windows blackened out or curtains always drawn
  • Expensive security

Inside

  • Lab glassware or equipment
  • Containers w clear liquids w chalky coloured solid on bottom
  • Coffee filters
  • Distilled water
  • Rock salt
99
Q

Name some of the risks for clan labs

A

Chemical hazards
-Inhaled/absorbed/ingested. Danger of fire/explosion.

Physical hazards
-Armed/drug affected offenders, explosives, booby traps, risk of electric shock

100
Q

What are the safety considerations for clan labs

A
  • Leave area immediately – your safety is paramount
  • Never touch, taste, smell chemicals and equipment
  • Don’t attempt to stop the chemical reaction or turn lights etc off
  • Don’t shut of water supply
  • Don’t re-enter
101
Q

Steps for an UNPLANNED entry into a clan lab

A
  • To maximise safety don’t touch/handle/move/disconnect anything
  • Immediately remove persons of interest
  • Isolate site and maintain safety perimeter
  • Preserve scene
  • Notify duty inspector/NCO, contact NCLRT, fire/ambo
102
Q

Steps for a PLANNED entry into a clan lab

A

Safety considerations must outweigh evidentiary considerations. Manner entry depend on;

  • Whether active/inactive lab
  • Number of offenders present
  • Proximity to persons or property
  • Type/size of lab
103
Q

What is the 90 second rule for clan labs

A

If people moving inside clan lab the atmosphere will sustain life. If Initial Entry Team wearing minimum level of safety equipment can safely enter/extract suspects for 90 seconds

IET can call landslide

104
Q

What is the minimum level of safety equipment for initial entry teams

A
  • Fire retardant overalls
  • Chemical and flame resistant coveralls
  • Boots
  • Fire resistant gloves
  • Balaclava
105
Q

What are the symptoms of exposure to clan labs

A
  • Headaches
  • Watery or burning eyes
  • Nausea
  • Burning skin
106
Q

What is the initial action for when children are at clan labs?

A

OC investigation will co-ordinate;

  • Removal of child from immediate scene
  • Assessment by ambo for injury/illness
  • Request OT
  • Decontamination.
  • Prelim interview (basic health q’s, details, siblings, sleeping arrangements)

Follow up required by OC investigation;

  • Locating children absent from the address
  • Ensure checked by doctor within 24 hours
  • Refer case to PPS
  • Liaise with CPT whether child interview req
107
Q

Define s103 Hazardous Substances and New Organisms Act 1996

A

At reasonable time go into premises (excl. dwelling) OR with consent of occupier go into dwelling for purposes of inspection to monitor compliance w conditions on new organism OR determine nature of organism OR det if complying with compliance order

108
Q

Define s135 Hazardous Substances and New Organisms Act 1996 (know) (what is an emergency and what is an EO)

A

Emergency means actual/imminent danger to human health/safety OR danger to environment/chattels so significant immediate action required to remove danger from hazardous substance/new organism.

EO includes any constable, employee, volunteer, contractor of Fire and Emergency NZ exercising powers under the Fire and Emergency NZ Act 2017

109
Q

Define s136 Hazardous Substances and New Organisms Act 1996 (declaring an emergency)

A

If EO has RGTB there is an emergency and no emergency declared under S144 Biosecurity Act 1993 OR no other EO declared emergency under this Act etc

May declare a hazardous substance or new organisms emergency

110
Q

Define s137 Hazardous Substances and New Organisms Act 1996 (what EO can do when emergency declared)

A

When hazardous substance or new organisms emergency declared under S136 EO may;

  • Enter any premises or dwelling at any time
  • Direct any person to stop any activity which may contribute to emergency
  • Direct any person to leave any place in vicinity of emergency
111
Q

What category are drug offences?

A

Offences against S6 MDA are category 3 – because punishable by 2+ years imprisonment right to elect jury trial.

Offences against S7 MDA are category 2 – because punishable by less than 2 years imprisonment don’t have right to elect jury trial.

112
Q

What is the time limit for filing charges?

A

File charging doc at any time for S6 MDA offences, S9 MDA, S10 MDA (aiding offences against corresponding law in another country). 4 years for every other offence

113
Q

What is s16 Bail Act 2000 (know)

A

Defendant charged or convicted of drug dealing bailed by order of HC/DC judge only

114
Q

What is s3 Bail Act 2000 (know)

A

Drug dealing means an offence or attempt to commit offence against s6 or s12C(1)(a) MODA in relation to class A or B

115
Q

What is the bail application process? (know)

A
  • Application for bail must be made before DC/HC judge
  • OC case forward instructions regarding bail to PPS
  • If bail opposed, provide detailed reasons
  • Judge will remand for CRH or whatever deemed appropriate
116
Q

What are the two methods of delivering drugs to ESR?

A

S31(2) MDA 1975 – (delivering drugs to ESR)

2 methods of delivering drugs to ESR so certificate can be used;

In person to analyst who will issue certificate OR to person authorised by analyst to receive OR

By registered post OR courier w sig in sealed package to employee authorised by analyst

117
Q

What is required for the analysts certificate?

A

Certificate of analysis may be produced instead of calling oral evidence.

S31(3)(a) MDA 1975
Allows defendant to reject certificate as the form of evidence. Defendant must be given copy of certificate AND written notice won’t be called 7 clear days before hearing - If don’t want to accept give notice in writing 3 days before hearing. NOTE – if don’t want court may still request oral evidence of analyst.

How can copy of analysts certificate and written notice analyst not be called be done?

To member D’s family or solicitor AND must be proved served by oral evidence of constable.

118
Q

Define s25(1) Evidence Act 2006 in relation to an expert?

A

Allows opinion expert if fact finder likely substantial help understanding other evidence

119
Q

Define s34 MODA in relation to UC’s

A

UC PO means member of Police who ID concealed for investigation of offence against MDA. Not prosecuted for offence committed while UC except with leave of AG.

Where D raises doubt about credibility UC PO judge decides on facts. Diff between use UC to present opp to commit offences to those predisposed AND encouraging offences which wouldn’t otherwise happen

120
Q

Define s142B Sentencing Act 2002 in relation to instruments of crime

A

Mandatory obligation for court to be notified of property that’s an instrument of crime so forfeiture can be considered in sentencing. Must notify in writing. Obligation to notify court on prosecutor who classed as for time being in charge of file

121
Q

Who proves the drug is usuable?

A

While it is necessary that the amount of the controlled drug is of a useable quantity, under
s29A it is not necessary for the prosecution to prove that fact unless the defendant puts the
matter in issue

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