Drugs Flashcards
What is the definition of a controlled drug?
Section 2 MODA ‘75 - Controlled drug means any substance, preparation, mixture, or article specified or described in schedule 1, schedule 2, or schedule 3 to this Act; and includes any controlled drug analogue.
What is the definition of a Class C drug?
Section 2 MODA ‘75 - Class C controlled drug means the controlled drugs specified or described in schedule 3 to this Act; and includes any controlled drug analogue
When is the offence of manufacturing completed?
The offence is complete once the prohibited substance is created, whether or not it is in a usable form.
What is a serious offence in relation to trespass surveillance?
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.
Drug dealing offences include
Section 28(a) allows you to file charging documents at any time for offences of:
- Dealing Section 6
- Cultivating Section 9
- Aiding offences against corresponding law in another country Section 10
An analyst certificate is admissible if?
- The Defendant is served at least 7 clear days of a hearing, and provided with a copy of the Analyst’s certificate
- The Defendant does not, at least three days before the hearing, give written notice that the analyst be called.
- The Court does not request the oral evidence of the Analyst
Who can call a landslide in a clan lab?
Any member of the initial entry team
Four things to consider with an OP for a controlled delivery
- Find a suitable location: staff, family, friend’s, etc.
- Camera OP requirements versus intercept requirements (Forward Base)
- Whether surveillance device warrant required under the Search and Surveillance Act
- The staff having to occupy the OP
What are the ingredients of Obstruction under the Misuse of Drugs Act 1975
Section 16 MODA 1975
- A person
- Willfully
- Obstructs, Hinders, Resists, Deceives
- Another Person acting in the execution of any powers conferred on them by the MODA 1975
What is R v Strawbridge with respect to Guilty Knowledge
R v Strawbridge
If the Defendant believed on reasonable grounds that the act was innocent then she is entitled to be acquitted, unless the jury is satisfied beyond reasonable doubt that this was not so
What is the 90 second rule?
This rule assumes that if offender(s) are present and moving in the lab then the atmosphere will sustain life. It assumes that the IET (Wearing the minimum level of PPE for the IET) may safely enter and extract suspects for a period of 90 seconds
What is the presumption for supply for; LSD, Cannabis, Methamphetamine and Cocaine
Schedule 5 MODA 1975
LSD 2.5mg or 25 Tabs
Cannabis 28 Grams or 100 or more cigarettes
Methamphetamine 5 Grams
Cocaine 0.5 Grams
What are four ways a controlled buy could come about?
1) International airport with traveler using body packing, internal concealment or concealed in luggage.
2) Discovered in mail at international mail centre
3) Discovered in sea freight consignment which can be commercial or private
4) Discovered in Imported air freight consignment which can be commercial or private
5) Transshipped air or sea freight - that is transiting through NZ with a final destination in another country
6) Hidden on board or attached to a commercial vessel either unloading or picking up cargo in NZ
What are three things that must be proved in providing equipment?
Section 12A(1) MODA ‘75
- That the Defendant has supplied, produced or manufactured equipment , material or precursors
- That those items are capable of being used in the production or manufacture of controlled drugs, or the cultivation of prohibited plants
- That the Defendant knows those items are to be used for such an offence by another person
What are the offences under Regulation 11 relating to offering, accepting, disposing of syringes (Health Regulations 1988)
Offences relating to use or disposal:
- Offers a used needle or syringe to any other person for their use
- Accepts for use a used needle or syringe
- Disposes of a needle or syringe in a public place
What are the conditions of requiring an internal search under Section 13A MODA ‘75?
- Standard of proof: Reasonable cause to believe
- Class of drug: A and B
- Search for: Only class A and B drugs secreted for unlawful purpose
- Who requests: Any member of Police or Customs Officer
- Who do they request: District Court Judge for a detention warrant
- Type of medical practitioner: Approved by Commissioner of Police or Chief Executive of Customs
- Detention time limit: 7 days - renewable in periods of 7 days to a maximum of 21 days
Who can grant bail under Section 16 of the Bail Act 2000?
Only a District Court or High Court Judge can grant bail for a Section 6 offence
The presumption that a drug is for sale/supply may be rebutted if the person is able to prove:
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.
Who leads the controlled drug delivery operation?
Customs
How many days can a surveillance warrant be in force?
60 days
What is the difference between the obstruction offences in the Summary Offences Act 1981 and MODA ‘75?
Summary Offences:
Obstructs Officer in the execution of his duty - 3months / $2000
MODA ‘ 75
Obstructs officer in the execution of MODA powers - Class A 10yrs, B 7 Yrs, C 3yrs
What is the presumption for supply of LSD
2.5 milligrams or 25 tabs/flakes
What is an acceptable delivery practice of an exhibit to ESR - Section 31(2)
1) In person (by Police) direct to analyst or person authorised by analyst with a certificate issued
2) In a sealed package sent by registered post or courier with signature provided
Jenny met a new boyfriend overseas who later gave her a new suitcase with drugs inside but she did not bother to check it before she went through customs - is she guilty of importation?
Wilful Blindness
R v Martin
It will suffice if the crown can prove beyond reasonable doubt that the accused (importer) had her suspicions aroused as to what she was carrying, but deliberately refrained from making further inquiries or confirming her suspicion because she wanted to remain in ignorance. If that is proved, the law presumes knowledge on the part of the accused. The fault lies in the deliberate failure to inquire when the accused knows there is reason for inquiry.
What are the ingredients of permits premises?
Section 12 MODA ‘75
- A person
- Knowingly Permits
- Any Premise OR Vehicle OR Vessel Or Aircraft OR Hovercraft OR other mode of conveyance
- To be used
- For the purposes of an offence against MODA ‘75
Does a CHIS have to be named in a warrant?
Section 64 of the Evidence Act 2006 grants privilege to informers that protects their identity and extends to information that is likely to disclose that identity.
It is good practice not to state the name of any convert human intelligence source (CHIS)
You are not required by law to name your CHIS. Good practice is for you to use their registered code number. If the application is subsequently disclosed, the informer’s anonymity will be protected
What is R v McGinty?
Disclosure of the identity of alleged informants was not required under the Act, and the trial Judge was correct in deleting the application certain parts which would have been likely to lead to the identification of informants. However, the trial Judge was entailed to insist on disclosure if he saw fit
Is it possible to be charged with attempted possession?
Yes
Police v Jay
Chilwell J held that the commission of the offence of receiving cannabis was not legal impossible, although in the circumstances it was factually impossible. As the respondent had criminal intent and did an act for the purpose of accomplishing his object he was guilty of an attempt to commit an offence.
