Flashcards in Drugs Deck (75)
Definition of a class b controlled drug
Controlled drug specified or described in schedule 2 of the misuse of drugs act 1975.
Class B drugs pose a high risk of harm
Definition of drug dealing offence
Section 6 of the misuse of drugs act 1975 deals with dealing offences which include, Importing/Exporting controlled drugs, manufacturing or producing controlled drugs, selling or supplying controlled drugs or possessing with the intent to supply controlled drugs.
What is the number of LSD tabs required for the presumption of intending to supply?
Who can bail a person charged with manufacturing methamphetamine?
High Court/District Court judge only
What is the time limit for layng charges for sec 6 dealing offences?
No limit, charges can be filed at any time.
When is importation complete?
Criminal liability rises as soon as the drugs cross into New Zealands border irrela vent if it is available to the consignee/addressee
Definition of supply?
What is the difference between produce and manufacture?
Producing can be described as changing the nature of the original substance and manufacturing as creating a different substance from the original materials,
Who proves if a drug is usable?
Sec29A - not necessary for prosecution to prove the drug is usable unless defendant puts matter in issue.
If a person is arrested for a drug dealing offence and you suspect he is concealing drugs internally an you search that person under S13A MODA?
No if a person is arrested consider using S23 of S&S2012
explain 2 methods of delivery for drugs to ESR
1. In person to the analyst who is to issue the certificate or to a person authorized to receive it.
2.By registered post or by courier post with signature required in a sealed package to n employee who has been authorized by the analyst in charge at the laboratory
Ingredients for Sec 16 - Obstruction
wilfully obstructs, hinders, resists, or deceives any other person in the execution of any powers conferred on that other person by or pursuant to this Act.
R v STRAWBRIDGE
It is not necessary for the Crown to establish knowledge 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, the she is entitled to be acquitted unless the jury is satisfied beyond reasonable doubt that this was not so.
R v DURING
[An offer is] an imitation by the person charged to another that he is ready on request to supply to that other drugs of a kind prohibited by statute,
R v BROWN
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 mistaken believes he can supply.
4. Offers t supply a drug deceitfully, knowing he will not supply that drug.
What are the 3 things to prove for guilty knowledge for importing drugs?
Defendant knew about the importation AND
Defendant knew the imported substance to be a controlled drug AND
Defendant intended to cause the importation
3 offences under Health Regulations Act - Reg 11
Accepting for use any used needle or syringe OR
Disposing of any needle or syringe in a public place
What do you have to prove for the offence of 6(1)(d) - Supply class C under 18 years of old?
Proof of age of the person supplied or offered the drug. R V FORREST and FORREST - "The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age"
6 Clan lab signs from the outside
1. Chemical odours coming from building
2. Exhaust fan running at odd times.
3. Frequent visitors at odd times.
4. Windows blackened out of curtains drawn
5. Expensive security ro surveillance gear
6. Access denied to landlords, neighbours, other visitors
7. Rubbish contains large amounts of cold medication containers
8. Rubbish containing bottles, containers with labels removed
9. People only coming out to smoke
What are the ingrdients for allowing premises to be used?
who knowingly permits any premises OR
any vessel OR
any aircraft OR
Motor vehicle OR
any other mode of conveyance
To be used for the purpose of the commission of an offence against this act.
Discuss two options of controlled deliveries
1. Clean controlled delivery - No drugs left within consignment. Reduces risk of drugs being lost however at termination only 'importation' and/or 'conspiracy' charges likely to be laid.
2. Leaving an amount of the drug in the consigment. Enables option of 'possess to supply' charge. Requires greatr security and recovery upon termination is paramount.
Three things to prove in relation to 12A(2)
1. The defendant has supplied, produced or manufactured equipment, material or precursors
2. That those items are capable of being used in the production or manufacture of controlled drugs, or the cultivation of prohibited plants
3. That the defendant knows that those items are to be used for suceh an offence by another person.
What are the differences between 13A MODA 75 and Sec 23 S&S Act 2012 in relation to standard of roof and custody status
Standard of proof - s13A - RCTB and not arrested, S23 - Must be arrested for offence agaisnt section 6,7 ot 11 of MODA and RGTB that person has secreted within body any property that may be evidence
What is the criteria for gaining a surveillance device warrant? (Sec 51)
RGTS - An offence has been committed, is being committed or will be committed in respect of this Act or any enactment specified in coloumn 2 of the schedule
RGTB - that the proposed use of the surveilance device will obtain information that is evidential material in respect of the offence
Offering to supply or adminster, the prosecution must prove two elements
The communication of an offer to supply or adminster a controlled drug (Actus reus)
An intention that the other person beleives the offer to be genuine (Mens rea)
List 5 Clan lab saftey considerations
1. Leave area immediate, safety is paramount
2.Never touch, taste or smell any chemicals or equipment
3. Do not attempt to top chemical reaction, or turn any electrical devices such as lights or fans on or off.
4. Do not smoke in or near clan lab
5. Do not re enter the premises
3 steps for using certificate of analysis instead of calling ESR analyst to give evidence
1. The defendant is served at least 7 days before the hearing with a copy of certificate
2. the defendant does not at least 3 days before the hearing give written notice the analyst to be called.
3. The court does not request oral evidence of analyst
What is the definition of a controlled drug?
Any substance, mixture, preparation or article defined or described in schedule 1,2 or 3 of the act and includes any drug analogue.
What is the definition of a Class A controlled drug
Means any controlled drug specified or described in schedule 1 of this act