Drugs Flashcards
(98 cards)
1
Q
Act, Section, Elements of Import/ Export Controlled Drug
A
Section 6(1)(a), Misuse of Drugs Act 1975 - Life Imprisonment
- No person shall
- Import into OR export from New Zealand
- Any controlled drug
2
Q
Act, Section, Elements of Produce/ Manufacture Controlled Drug
A
Section 6(1)(b), Misuse of Drugs Act 1975
- No person shall
- Produce or manufacture
- Any controlled drug
3
Q
Act, Section, Elements of Supply/Administer/Offer to Supply or Administer Class A or B Controlled Drug
A
Section 6(1)(c), Misuse of Drugs Act 1975
- No person shall
- Supply or administer, or offer to supply or administer, or otherwise deal in
- Any Class A controlled drug or Class B controlled drug
- To any other person
4
Q
Act, Section, Elements of Supply/Administer/Offer Class C Controlled Drug to persons Under 18 years of age
A
Section 6(1)(d), Misuse of Drugs Act 1975
- No person shall
- Supply or administer, or offer to supply or offer to administer,or otherwise deal in
- Any Class C controlled drug
- To a person under 18 years of age
5
Q
Act, Section, Elements of Sells or offers to sell Class C Controlled Drug to persons of or over 18 years of age
A
Section 6(1)(e), Misuse of Drugs Act 1975
- No person shall
- Sell, or offer to sell
- Any Class C controlled drug
- To a person of or over 18 years of age
6
Q
Act, Section, Elements of Possessing a Controlled Drug for Supply/ Administer/ Sell/ Offer
A
Section 6(1)(f), Misuse of Drugs Act 1975
- No person shall
- Have in his possession
- Any controlled drug
- For any of the purposes set out in paragraphs (c), (d), or (e) of section 6(1) MODA75.
7
Q
Define Producing
A
Produce means to bring something into existence from its raw materials or elements. eg. cannabis to cannabis oil / home bake heroin.
8
Q
Define Supply
A
Section 2 MODA1975 - To provide something that is needed or desired, includes give, sell and distribute.
9
Q
Define Controlled Drug
A
As specified in Section 2 MODA 1975
SPAM + CDA
S - Substance
P - Preparation
A - Article specified
M - Mixture
CDA - Controlled Drug Analogue
10
Q
Define Manufacturing
A
The process of synthesis; combining raw materials to create a new substance. eg. cooking meth
11
Q
Police V Emerali
A
Possession does not extend to some minute and useless residue of the substance - useable quantity
12
Q
R V Strawbridge
A
To be guilty of an offence, the accused must have guilty knowledge.
If the accused honestly believed on reasonable grounds that her act was innocent then they are entitled to be acquitted unless the jury are satisfied beyond reasonable doubt that the this was not so.
(There is a reverse onus put on the defendant to prove they had no knowledge of the substance).
13
Q
R v During
A
Offer means ready on request to supply a drug.
14
Q
R V Rua
A
The offence of producing or manufacturing covers the creation of a controlled drug by a process that changes the original substance into a particular controlled drug.
The offence is complete once the prohibited substance is created, whether or not it is in a useable form.
15
Q
What is guilty knowledge in relation to drugs?
A
KKI
Knew about the offence
Knew about the substanced
Intended to commit the offence
16
Q
Define Sell
A
Exchange for valuable consideration
17
Q
Define Give
A
to hand over, to enable use
18
Q
Define Distribute
A
Supply to multiple people
19
Q
R v Brown
A
Offence of supply exists when offer is made with intention that it
should be understood as genuine.
20
Q
R v Forrest and Forrest
A
The best evidence possible in the circumstances should be adduced by the
prosecution in proof of [the victim’s] age
21
Q
R v Cox - Possession
A
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.
22
Q
What is the definition of a Class C drug?
A
Any drug specified in Schedule 3 of this Act and includes any controlled drug analogue
23
Q
When is the offence of manufacturing complete?
A
The offence is complete once the prohibited substance is created, whether or not it is in a useable form.
24
Q
Who can call a landslide in clan lab?
A
Any member of initial entry team
25
List four things to consider for a controlled delivery operation (pg. 63)
* Find a suitable location. Ideally identify any staff or friendlies who live in the vicinity of the target address or who have friends/family in the area. If there are none then identify a potential address based on location/proximity to target.
* Camera OP requirements versus intercept requirements (Forward Base)
* Whether Surveillance device warrant required under S&S Act 12.
* The staff having to occupy the OP.
26
What is the 90 Second Rule in relation to Clan Labs?
This rule assumes that if offenders are present and moving inside the Laboratory then the atmosphere will sustain life. It assumes that the IET (Initial Entry Team) wearing the minimum level of PPE, may safely enter and extract suspects for a period of up to ninety seconds.
27
What are the presumption for supply amounts for LSD, Cannabis, Meth, Cocaine etc?
* LSD 2.5 mg, 25 tabs
* Meth 5 grams
* Cannabis 28 grams or 100 cigarettes
* Cocaine .5 grams
* Heroine .5 grams
28
The presumption that a drug is for sale/supply may be rebutted if the person is able to prove what? (pg. 36)
The presumption that the drug is for sale or supply may be rebutted if the person is able to prove, on the balance of probabilities, that they did not intend to commit a DEALING offence notwithstanding the amount. For example, the defence may argue that the suspect was heavily addicted and required large amounts for personal use.
29
What are four ways a controlled drug delivery could come about?
* International mail centre - Inside a mail consignment.
* 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 arrived via sea.
30
What is a controlled delivery?
A controlled delivery occurs when a consignment of illicit drugs is detected, often concealed in some other goods, in circumstances making it possible for the delivery of those goods to be made under the control and surveillance of NZ Customs and Police officers, with the view to identifying and securing evidence against those involved for the importation or exportation.
31
What points should you consider when profiling the addressee of a controlled delivery
1. Previous Owners
2. Real person or False name
3. Connections to delivery address
4. Relevant convictions / notings / associations
5. Travel / connections to country of origin
5. Bank accounts - large deposits, overseas transfers
32
List 10 things to do when preparing for a controlled delivery?
* Assume ownership and leadership of the investigation and appoint roles
* Liaise with customs OC Exhibits and where appropriate take control
* Consider whether to conduct an electronic interception as part of the controlled delivery
* Request Customs to manipulate the ‘track and trace’ system if the parcel in in the t & t system
* Contact Surveillance squad, Photography, CMC and TCU early as possible
* Intel phase – Profile the package, delivery address, addressee.
* Find a suitable OP address
* Repacking controlled delivery packages
* Search warrants
* Method of delivery and contingency plans for different delivery scenarios.
33
What are the two options available for controlled deliveries?
1. A clean controlled delivery where no drugs are left within the consignment. This eliminates any risk of the drugs being lost and allows for more freedom in organizing the surveillance of the consignment and reduces the risk of alarming the targets who may have arranged counter surveillance. Only Importation and conspiracy charges are likely to be laid.
2. Leave an amount of the drug within the consignment to enable the option of charging an offender with a possession for supply charge.
34
When is importation complete?
It’s irrelevant if it is available to the consignee. The criminal liability arises when the drugs cross New Zealand’s border.
35
What are the Ingredients of allowing/permits premises?
Section 12 moda75
* Every one commits an offence who
* knowingly permits any premises, vessel, aircraft, hovercraft, motor vehicle or any other mode of conveyance
* to be used for the purpose of the commission of an offence against this Act.
36
List 3 things that must be proven for supplying equipment – section 12A(1) MODA 75
There must be proof that the Defendant:
1. Had the equipment, material or precursors in his possession
2. That those items are capable of being used to produce or manufacture any controlled drug or cultivate any prohibited plant.
3. That the Defendant had the intention that those items are to be used for such an offence either by himself or another person.
37
Regulation 11 relating to offering, accepting, disposing of syringes pg 52 (three offences)
Every person commits an offence who:
1. Offers to any other person for use by that other person a used needle or used syringe or
2. Accepts for use a used needle or used syringe or
3. Disposes of a needle or syringe in a public place
38
List 4 occasions when a surveillance device warrant is required – section 46 SASA 2012 pg 81
1. Use of an interception device to intercept a private communication.
2. Use of a tracking device, except where a tracking device is installed solely for the purpose of ascertaining whether a thing has been opened, tampered with, or in some other way dealt with and the installation of the device does not involve trespass to land or trespass to goods.
3. Observation of private activity in private premises and any recording of that observation by means of a visual surveillance device.
4. Use of a surveillance device that involves trespass to land or trespass to goods.
5. Observation of private activity in the curtilage of private premises, and any recording of that observation, if any part of the observation or recording is by means of a visual surveillance device and the duration of the observation for the purposes of a single investigation or a connected series or investigations exceeds 3 hours in any 24 hour period or 8 hours in total.
39
What is the Criteria for a surveillance device warrant - Section 51 S&S Act 2012 pg 85
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.
40
What is Section 16 bail act (Pg. 114)
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.
41
What 12 things you must do for initial action at clan labs where CYPs located
* 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.
42
Things to cover in initial interview with CYP at clan lab
* 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 OT's role
43
Who leads the controlled drug delivery operation?
Customs
44
How many days can a surveillance warrant be in force?
60 Days.
45
What are the two methods of delivery of drugs to ESR? pg 116
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.
46
John gave his mate an analogue of meth - is he guilty of supplying class A or class C or something else.
Supplying Class C Controlled Drug, Sec 6(1)(e)
47
Jenna met a new boyfriend overseas who later gave her a new suitcase with drugs inside, but she did not bother to check it before went through customs - is she guilty of importation (related to wilful blindness).
Yes. R v Martin: Proof that the Defendant deliberately turned a blind eye to the facts will suffice
48
RvMcGinty - Does a CHIS have to be named in a warrant - legislation section 64 evidence act or case law (R v McGintry) pg 85
It is good practice not to state the name of any CHIS.
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 that would have been likely to lead to the identification of the CHIS, however, the trial Judge was entitled to insist on disclosure if they saw fit.
49
In relation to importing, when is someone liable and when does liability cease? pg 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.
50
List 4 things that must be done in first 24 hours (o/c phones) pg 96
* Establish a Telephone Service Provider (TSP) Liaison
* Arrange for Trapping of phone data
* Draft a production order application early
* Prove phone ownership / use (attribution)
51
What intent must be proved for importation (men's rea) pg 12
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.
52
List 4 points for unplanned entry to a clan lab pg 40
* Immediately remove persons of interest from the premises
* Isolate the site and maintain a safety perimeter
* Preserve the crime scene
* Notify their duty inspector or Duty NCO, contact the NCLRT and where appropriate the local fire service and ambulance
* Seek advice from NCLRT member or the Fire Service about decontamination procedures.
* Occupants of the address and staff who have entered the address are to remain separated until decontamination issues have been addressed.
* Seek medical advice if you experience any adverse effects.
53
What are some signs of a clan lab (exterior and interior) - 10marks pg 103
Exterior:
* 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 behavior.
* 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.
Interior
* 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.
54
What evidence to look for in a search warrant involving controlled deliveries
* Search for evidence relating to the importation
* Track and trace receipts
* Correspondence
* Computers, faxes, and cell phones
* Emails
* Contact lists / numbers
* Money and Financial records
* Scales and packaging etc in relation to supply charges
* PO box documentation
* Travel Documentation
* Passports
55
Who can bail a person charged with manufacturing meth?
A High Court Judge only
56
What are the general time limits for laying charges regarding drug offences?
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).
Section 28(b) states the limitation period for any other offence against the Act
or any regulations made under it, is four years after the date on which the
offence was committed.
57
What is the difference between produce and manufacture
Producing - changing the nature of the original substance.
manufacturing - creating a different substance from the original materials.
58
Who proves if drug is usable?
Under section 29A it is not necessary for the prosecution to prove that fact unless defendant puts the matter in issue
59
Definition of Class B controlled drug
Means any controlled drugs specified or described in Schedule 2 to this act.
Drugs that pose a high risk of harm and include:
* Cannabis oil
* GHB
* MDMA (Ecstasy)
* Morphine
* Opium
* Pseudo
60
Saxton v Police
To import includes "to introduce from abroad or to cause to be brought in from a foreign country".
61
What was held in R v Brown - Ways that an offence of offers to supply can arise
What was held in R v Brown - use case law to detail the ways that an offence of offers to supply can arise
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.
62
What must you NOT do when locating a clan lab
* 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.
63
List the 2 steps for using certificate of analysis instead of calling ESR analyst to give evidence?
− you notify the defendant of your intention at least seven days before
the hearing, and give them a copy of the analyst’s certificate
− the defendant does not request, at least three days before the hearing
and in writing, that the analyst be called
− the Court does not request the oral evidence of the analyst.
64
What is an evidential transcript?
It is a written copy of the electronic conversation. The evidential transcript must be a verbatim copy of the recorded version of the conversation.
65
Define Importation
Importation means the arrival of the goods in New Zealand in any manner, whether lawfully or unlawfully, from a point outside New Zealand.
66
R v Hancox
The offence of importation does not cease as the drugs enter New Zealand's territory. The element of importing exists from the time the goods enter New Zealand until they have become available to the consignee or addressee.
67
R v Maginnis
Supply involves more than the transfer of physical control and includes enabling the recipient.
68
Define Administer
Introducing a drug directly into another persons system.
69
What is section 9(1) MODA and what is the defense to this 9(4)?
Except pursuant to a license under this act or otherwise permitted by regulations made under this act, no persons shall cultivate any prohibited plant.
9(4) It is a defence if the person proves the plant was not intended to be a source of any controlled drug or, was developed from a strain that a controlled drug could not be produced.
70
S19 S&S - Search of persons in relation to Misuse of Drugs Act 1975 offence search warrants
A constable may search any person found in or on a place or vehicle, in relation to which a search warrant is issued under section 6, if the offence that was specified in the application for the search warrant is an offence against the Misuse of Drugs Act 1975.
71
S20 S&S - Warrantless search of places and vehicles in relation to some Misuse of Drugs Act 1975 offences
A constable may enter and search a place or vehicle without a warrant if he or she has reasonable grounds—
(a) to believe that it is not practicable to obtain a warrant and that in or on the place or vehicle there is—
(i) a controlled drug specified or described in Schedule 1 of the Misuse of Drugs Act 1975; or
(ii) a controlled drug specified or described in Part 1 of Schedule 2 of the Misuse of Drugs Act 1975; or
(iii) a controlled drug specified or described in Part 1 of Schedule 3 of the Misuse of Drugs Act 1975; or
(iv) a precursor substance specified or described in Part 3 of Schedule 4 of the Misuse of Drugs Act 1975; and
(b) to suspect that in or on the place or vehicle an offence against the Misuse of Drugs Act 1975 has been committed, or is being committed, or is about to be committed, in respect of that controlled drug or precursor substance; and
(c) to believe that, if the entry and search is not carried out immediately, evidential material relating to the suspected offence will be destroyed, concealed, altered, or damaged.
72
21 S&S - Warrantless searches of people found in or on places or vehicles
A constable conducting a search of a place or vehicle under section 20 may, without a warrant, search any person found in or on the place or vehicle.
73
S22 S&S - Warrantless power to search for controlled drugs and precursor substances if offence suspected against Misuse of Drugs Act 1975
(1) A constable may, in the circumstances set out in subsection (2), search a person without a warrant.
(2) The circumstances are that the constable has reasonable grounds—
(a) to believe that the person is in possession of—
(i) a controlled drug specified or described in Schedule 1 of the Misuse of Drugs Act 1975; or
(ii) a controlled drug specified or described in Part 1 of Schedule 2 of the Misuse of Drugs Act 1975; or
(iii) a controlled drug specified or described in Part 1 of Schedule 3 of the Misuse of Drugs Act 1975; or
(iv) a precursor substance specified or described in Part 3 of Schedule 4 of the Misuse of Drugs Act 1975; and
(b) to suspect that an offence against the Misuse of Drugs Act 1975 has been committed, is being committed, or is about to be committed, in respect of that controlled drug or precursor substance.
(3) This section does not—
(a)
limit section 20 or 21; or
(b) authorise a constable to enter or search a place or vehicle except in accordance with those sections.
74
S23 S&S - Internal search of person under arrest for offence against section 6, 7, or 11 of Misuse of Drugs Act 1975
23 Internal search of person under arrest for offence against section 6, 7, or 11 of Misuse of Drugs Act 1975
(1) In the circumstances set out in subsection (2), a constable may require a person to permit a medical practitioner, nominated for the purpose by the constable, to conduct an internal examination of any part of the person’s body by means of—
(a) an X-ray machine or other similar device; or
(b) a manual or visual examination (whether or not facilitated by any instrument or device) through any body orifice.
(2) The circumstances are that—
(a) the person is under arrest for an offence against section 6, 7, or 11 of the Misuse of Drugs Act 1975; and
(b) the constable has reasonable grounds to believe that the person has secreted within his or her body any property—
(i) that may be evidence of the offence with which the person is charged; or
(ii) the possession of which by the person constitutes any other offence against section 6, 7, or 11 of the Misuse of Drugs Act 1975.
75
81 S&S - Searches of persons, places, and vehicles relating to deliveries under section 12 of Misuse of Drugs Amendment Act 1978
(1) In the circumstances set out in subsection (2), a constable or a Customs officer may, during the course of a delivery in relation to which a Customs officer has exercised his or her powers under section 12 of the Misuse of Drugs Amendment Act 1978, do any or all of the following without a warrant:
(a) search a person involved in a delivery under section 12 of the Misuse of Drugs Amendment Act 1978:
(b) enter and search any place, craft, or vehicle:
(c) seize anything that he or she has reasonable grounds to believe is a thing described in any of paragraphs (a) to (d) of subsection (2).
(2) The circumstances are that the constable or the Customs officer has reasonable grounds to believe that the person is in possession of, or the place, craft, or vehicle contains, any 1 or more of the following:
(a) a controlled drug:
(b) a precursor substance:
(c) a package in relation to which the Customs officer has replaced all or a portion of any controlled drug or precursor substance:
(d) evidential material in relation to the commission of an offence under section 6(1)(a) or 12AB of the Misuse of Drugs Act 1975.
76
S121 S&S - Stopping vehicles with or without warrant for purposes of search
- Stop a vehicle to search under a power without warrant.
- Stop a vehicle to search under a warrant.
- RAIN
77
S9 S&S - Stopping vehicle to find persons unlawfully at large or who have committed certain offences
A constable may stop a vehicle without a warrant to arrest a person if the constable has reasonable grounds—
(a) to suspect that a person—
(i) is unlawfully at large; or
(ii) has committed an offence punishable by imprisonment; and
(b) to believe that the person is in or on the vehicle.
78
Define Evidential
Material
evidence of the offence, or any other item, tangible or intangible, of relevance to the investigation of the offence.
79
Define Private
communication
Private communication-
(a) means
- communication (whether in oral, written or by telecommunication, or otherwise)
- made under circumstances that
may reasonably be taken to indicate that any party to the communication
desires it to be confined to the parties to the communication; but
(b) does not include a communication of that kind occurring in
circumstances in which any party to the communication ought
reasonably to expect that the communication may be intercepted by
some other person without having the express or implied consent of any
party to do so
80
Define Interception
device
(a) means any electronic, mechanical, electromagnetic, optical, or electro-optical instrument, apparatus, equipment or other device that is used or
is capable of being used to intercept or record a private communication
(including a telecommunication); but
(b) does not include a hearing aid or similar device used to correct
subnormal hearing of the user to no better than normal hearing.
81
Define Visual surveillance device
(a) means any electronic, mechanical, electromagnetic, optical, or electro-optical instrument, apparatus, equipment, or other device that is used or
is capable of being used to observe, or to observe and record, a private
activity; but
(b) does not include spectacles, contact lenses, or a similar device used to
correct subnormal vision of the user to no better than normal vision
82
Define Visual trespass surveillance
Trespass surveillance
involving the use of a visual surveillance device
83
List three types of Surveillance Device
(a) an interception device:
(b) a tracking device:
(c) a visual surveillance device.
84
Define Tracking Device
(a) means a device that may be used to help ascertain, by electronic or other
means, either or both of the following:
(i) the location of a thing or a person:
(ii) whether a thing has been opened, tampered with, or in some other
way dealt with; but
(b) does not include a vehicle or other means of transport, such as a boat or
helicopter.
85
Define Surveillance
* observing, and any recording of that observation, of people, vehicles,
places and things;
* ascertaining (tracking) the location of a thing or person, and/or
ascertaining whether a thing has been tampered with; or
* intercepting a private communication through the use of a “surveillance
device”.
86
Define Surveillance Device
A surveillance device is a visual surveillance device, a tracking device or an
interception device. Such a device assists and enhances your normal
capabilities to carry out the surveillance:
* A visual surveillance device assists you to observe and/or record;
* An interception device assists you to hear and/or record;
* A tracking device assists you to locate a person or thing or ascertain
whether anything has been handled.
87
When is Trespass surveillance legal?
Surveillance will be unlawful if it involves a trespass, (that is unauthorised
entry onto private land or unauthorised handling of goods), unless authorised
by a surveillance device warrant.
Where trespass surveillance is involved the legislation restricts the use of
a visual surveillance device to obtaining evidential material for serious
offences only.
88
Define Serious Offence
A serious offence in relation to trespass surveillance is an offence punishable
by 7 years imprisonment or more (or against certain sections of the Arms
Act).
It also restricts the use of an interception device, whether or not a trespass
surveillance occurs, to obtaining evidential material for serious offences only
(or against certain sections of the Arms Act).
89
Activities that do not require a warrant
- Being lawfully in a private premises and recording what is seen or heard.
- Covert audio recording of communication made with the consent of at least one of the parties.
90
List five situations emergency surveillance can be used.
Surveillance without warrant in situations of emergency or urgency is
permitted only where the offence is:
* punishable by 14 years imprisonment or more
* an Arms Act 1983 offence
* certain drug offences - Schedule 1 pt1, 2 pt2 and 3 + believe SD would obtain EM.
* likely to cause injury or serious property loss/damage and surveillance is
necessary to prevent offending from being committed or continuing
* presenting risk to life and safety and surveillance is necessary as an
emergency response.
91
R vMcGinty
A Judge is not required to refuse a warrant because Police have not exhausted every conceivable alternative technique of investigation.
92
What are the conductions required for the issue of a SDW?
(a) There are reasonable grounds—
(i) to suspect that a specified offence has been committed, or is being committed, or
will be committed AND;
(ii) to believe that EM will be emailed in relation to that offence.
93
List symptoms of Exposure to Clan Labs
* headaches
* watery or burning eyes
* nausea
* burning skin
* coughing or choking
* pain in diaphragm
* feeling of coldness or weakness
* shortness of breath and/or dizziness
* decrease in cognitive function, vertigo and convulsions.
94
What are the three phases of a clan lab?
* Extraction
* Conversion, and
* Synthesis.
95
What is the definition of ‘emergency’ in s135 of the Hazardous Substances and
New Organisms Act 1996?
emergency means—
(a) actual or imminent danger to human health or safety; or
(b) a danger to the environment or chattels so significant that immediate action is required to remove the danger—
arising from a hazardous substance or new organism
96
Name two common examples of instruments of crime in drug dealing cases.
a house used to
manufacture methamphetamine, or a motor vehicle used to deliver drugs
97
Which drug offences are deemed to be category three offences?
− importing or exporting
− producing or manufacturing
− supplying or administering, or offering to supply or administer
− selling or offering to sell (Class C only)
− possessing for any of the above purposes any controlled drug.
98
When can a defendant charged with a drug offence elect trial by jury?
If the offence is a category three offence (punishable by imprisonment of two years or
more) the defendant will have the right to elect trial by jury
