Drugs - CIB011 Flashcards
(92 cards)
1
Q
List 5 class A drugs listed as listed in schedule 1
A
Cocaine Heroin LSD Meth Magic mushrooms
2
Q
List 4 class B as described in schedule 2
A
GHB(fantasy)
MDMA (ecstasy)
Morphine
Opium
3
Q
List 3 class C as described in schedule 3
A
Cannabis plant
Cannabis seed
Controlled drug analogues
4
Q
What are 4 ways offering to supply can include explain R v Brown
A
R v Brown
Offers to supply a drug that he has on hand
Offers to supply a drug that will produced at some date
Offers to supply a drug that he mistakenly believed he can supply
Offers to supply a drug knowing he not will not supply that drug
5
Q
What are the specified amounts listed in schedule 5
A
28grams - cannabis plant
5 grams - cannabis resin, meth, MDMA
0.5 grams - herion, cocoaine
2.8 milligrams - LSD
6
Q
What 3 points need to be covered for imports
A
Imports-S2 customs and excise act 96
Saxton v police
R v hancox
7
Q
What 4 points need to cover for exports
A
Time of exportation-S53 customs and excise act 96
Must prove guitly knowledge
R v strawbrigde
Useable amount
8
Q
What is any controlled drug
A
Controls drug-S2 MODA75
Means any substance specified or desired in schedule 1,2 or 3 of this act it includes any drug analogue
9
Q
What are the keys points need to covered for produce or manufacture?
A
1- manufacture or produce 2- R v Rua 2- Complete 2- Must prove guitly knowledge 2- R v strawbrigde 2- Police v emerali 3 - controlled drug s2 MODA 75
10
Q
What 4 things need to covered for OFFERS
A
Offers
R v during
R v brown
Supply-S2 MODA 75
11
Q
What is definition of class A controlled drug
A
- means any controlled drug specified or described in schedule 1 of this act
12
Q
What is definition of class B controlled drug
A
- means any controlled drug specified or described in schedule 2 of this act
13
Q
What is definition of class C controlled drug
A
- means any controlled drug specified or described in schedule 3 of this act and includes any controlled drug analogue
14
Q
What type of offence has to be committed in order use a surveillance device for interception or trespass under SS act 2012?
A
- an offence punishable by a term of imprisonment of 7 years or more or certain sections of the arms act 83
15
Q
What is the time limit for laying charges for MODA 75 offences?
A
- Section 28a allows you to file charges at anytime for S6,9 or 11 offences
- Section 28b is 4 years after the offence date for any other MODA offence
16
Q
Who can bail a person charged with dealing class A and has previous convictions for dealing class A
A
- bail may be granted by order of high court judge or district court judge
17
Q
Who can call landslide when a clan lab has been discovered?
A
- any member of the initial entry team
18
Q
What is the difference between produce or manufacture?
A
- producing is changing the nature of the original substance
- manufacture is creating a different substance from original materials
19
Q
Explain R v Hancox?
A
R v Hancox
- When the goods enter NZ and reach their I’mmediate destination. The item is no longer under the control of the appropriate authorise and become avaliable to the consignee or addresse
20
Q
What is presumptive amount for LSD
A
2.5 milligrams or 25 tabs
21
Q
Who must prove the drug seized was a useable amount?
A
- While it is necessary the amount is of a usable amount under S29A it not necessary for the prosecution to prove that unless the defendant put that in issue
22
Q
A person has been arrested for a drug related offences and you suspect that he is concealing drugs internally can you search him under S13A MODA 75?
A
- No s13A the person must not be under arrest you need to consider using s23 of SS ACT 2012
23
Q
What was held in R v Rua
A
- The word produce or manufacture broadly covers the creation of controlled drug by some form of process which changes the original substances.
24
Q
What are the 4 elements for use of premise or vehicle under S12 MODA 75
A
1- Every person commits an offence against this act
2- who knowingly permits
3- any Premise, vessels, aircraft, hovercraft, motor vehicle or any other mode of convenience
4- to be used for the purpose of the commission of an offence against this act
25
What the 3 elements for obstruction s16 MODA75
1- every person commits an offence against this act
2- who wilfully obstructs, hinders, resists or deceives any other person
3- in the execution of any powers conferred on that other person pursuant to this act
26
What must the crown prove for a charge of importing?
Guilty knowledge
- defendant knew about the import
- knew the substance was a controlled drug
- intended to causes the import
27
Are CHIS required to be identified in a search warrant?
- S64 of the Evidence act 06 grants privilege to informers that protects thier ID and information that could disclose thier ID
- you are not required by law to name the CHIS good practise is to use thier code name
28
Explain R v McGinty
R v McGinty
- disclosure of the ID of the informants was not required and the trial judge was right in deleting from the application parts that could lead to the ID of informants. However the judge was entitled to insist on disclosure if he saw fit.
29
Can you be charged with attempted possession?
Yes It is offence to attempt to gain possession of a drug. A charge which covers someone obtaining something in the mistaken belief that is was a drug
30
Explain Police v Jay
Police v Jay
- The commission of the offence of receiving cannabis was not legally impossible but in the circumstances it was factually impossible. As the defendant had criminal intent and did an act for the purpose of accomplishing his intent so he was guilty of an attempt to commit an Offence.
31
There are 2 options of controlled deliveries. Explain option 1? No drugs left
A clean controlled delivery where no drugs are left within the consignment. This eliminates any risk of the drugs being lost. It also gives freedom in organising surveillance and reduces the risk of alarming targets. However at the termination only importation and or conspiracy charges are likely.
32
There are 2 options of controlled deliveries. Explain option 2? Leave some drugs
Leave an amount of the drug in the consignment to give the option of charging the offender with a possession for supply charge. It gives the availability to use emergency powers should the drug be moved to a person or place that is not covered under the warrants. The remainder of the drugs are substituted.
33
What are some of the ways controlled deliveries can occur?
International Mail centre = Inside a mail article
International airport = arriving courier using body packing, internal concealment or concealed in luggage
Imported air freight = in a freight consignment either commercial or private
Imported sea freight = Same as air freight but by sea
Arriving commercial vessel = Hidden on board or attached to a vessel that is unloading or picking up cargo
34
What is a controlled delivery?
- A controlled delivery occurs when drugs are detected, often concealed in other goods. Making it possible for the delivery of those goods to be made under the control and surveillance by NZ Custom and the Police, with a view to obtain evidence against those involved in the import/export.
35
Jill and John are in a rock solid relationship held together by their constant drug taking. One night John comes home and offers Jill some meth that he has with him. Jill willing accepts the meth and they spend the next hour smoking meth together.
Complete a CL
Supply Class A Controlled drug
Section 6(1)(c) MODA 75
life
1 - Supplies
2 - Class A controlled drug
3 - To any person
36
What are the drug offences plus the sections
Import/export - S6(1)(a) MODA75
Produce/manufacture - s6(1)(b) MODA75
Supply/administer/offer to supply class A or B - s6(1)(c) MODA 75
Supply/administer/offer to supply class C to under 18 - s6(1)(d) MODA75
Sell or offers to sell class c to over 18 - s6(1)(e) MODA75
Possession of controlled drug for supply/administer/sell/offer - s6(1)(f) MODA75
37
What is the 90 second rule?
- if offenders are present and moving inside the lab then the atmosphere will sustain life. The IET wearing the minimum level of PPE may enter and remove offenders for up to 90 seconds.
38
What are methods of delivering drugs to ESR?
- in person
| - by registered post
39
What are 5 clan labs signs that can be seen from outside?
- exhaust fan running at odds times
- frequent visitors at odd times
- Windows blackened out or curtains drawn
- people coming outside only to smoke
- chemical smells coming from the building. Rubbish or detached buildings.
40
What are 3 offences under the Health Regulations act?
- offers to any person for use a used needle or syringe
- accepts for use a used needle or syringe
- disposes of a needle or syringe in a public place.
41
How is presumption explained in S6 MODA75
Presumption - S6 MODA75
- 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 an amount, level or quantity is at or over which the controlled drug is presumed to be for supply.
42
What is the difference between s13A MODA75 and s23 SS12?
S13A - RCTB a person is concealing class a or b and is not under arrest. Power can be used by police and customs
S23- RCTB person under arrest for offences under S6,7,11 (class A,b or c) is concealing evidence
43
What is the criteria for S51 - surveillance device warrant
- RGTS an offence has been committed, is being committed or will be committed. in Respect of this act or any enactment specified in column 2 of the schedule authorises the officer to apply for a warrant to enter for the purpose of obtaining evidence about the suspected offences
And
- RGTB the use a surveillance device will obtain evidential material in respect of the offence
44
What are 4 things to be done in the first 24 hours as OC phones?
- trap or preloading phone data
- establish a working relationship with TSP
- draft production order application
- prove ownership of phones
45
Explain s16 of the bail act in relation to someone being charged as well as someone having previous s6 convictions?
- a defendant who is charged with or convicted of a drug dealing offence may be granted bail by order of high court judge then district court judge
46
List the safety consideration for a clan lab?
- Leave the area immediately
- Never touch, taste, small any chemicals or equipment
- Do not attempt to stop the chemical reaction
- Don't use tools, radios, phones or torches
- Do not smoke in or near the clan lab
47
For the evidence in the certificate to be admissible certain procedures need to be strictly followed. What are 3 of these?
- The chain of custody is unbroken
- The evidence to be analysed is not tampered with or contaminated
- The defence is aware of the analysis and the results and is given time to prepare a defence
48
What are 3 steps for using certificate of analysis instead of calling ESR to give evidence?
- The defendant is served at least 7 full days before the hearing and given a copy
- The defendant does not at less 3 days before the hearing give written notice that the analyst be called
- The courts does not request the oral evidence of the analyst
49
What are 10 things to do when profiling an address for a controlled delivery?
- Police intel application
- Rubbish delivery info
- Telco request
- CHIS request
- Photos and video on the premises
- Real person or fake name
- Relevant convictions they have
- Council records
50
What evidence should be looked for at a search warrant involving a controlled delivery?
- Track and trace receipts
- Packaging from previous imports
- Computers and phones
- Emails and Contact lists
- Money and financial records
- Travel documents
51
What are 3 things that must be proven for supply equipment section 12A(1) MODA75?
- The defendant has supplied, produced or manufactured equipment
- Those items are capable of being used in the production or manufacture of drugs or cultivation of prohibited plants
- The defendant knew the items were going to be used for such offence by another person
52
How many days can a surveillance devices warrant be in force?
- 60 days
53
John went out and picked magic mushrooms and placed them in a bag. He contacted his friends and took orders which he recorded on paper. Police executed a search warrant at Johns place. He was found carrying his back pack containing 1kg of mushrooms. John refused to make any comment to Police about the drugs.
Completed CL
```
Possession of supply Class A Controlled drug
Section 6(1)(f) MODA - Life
```
1 - Has in his possession
2- any controlled drug
3 - for purposes outlined in para (c)
54
What are some signs of a clan lab to look for while inside?
- Lab glassware, equipment and documents
- Containers with clear liquid with a chalky coloured solid at the bottom
- Containers with two layer liquids
- Baking dishes with white crystal substances
- Hot plates near chemicals
55
Pseudoephedrine is what class of drug and which schedule is this found?
- Class B
| - Part 3 of Schedule 4
56
Magic mushrooms are what class of drug?
- Class A
57
What difference does age make to the offence involving class C?
- if a person is under 18yrs it is an offence to supply, administer or offer to supply class C to them
- if they are of or older than 18 yrs it is an offence to sell or offer to sell class C to them
58
List 4 things you have to prove to convict someone of possessing a controlled drug?
- A person had physical control of the drug
- Knew that the drug existed, where it was and what its qualities were
- Received the drug from a person who intended to hand over possession
- Held the drug with intent to possess it exclusively of others
59
In relation to section 9 Cultivation of prohibit plants of MODA75 what must you prove?
- The ID of the offender and that they cultivated a prohibited plant
60
What is the difference between the offence of obstruction contained under the Summary offence Act 81 and MODA 75?
The offence of obstruction in MODA75 relates only to obstructing anyone who is executing powers under MODA75
61
In relation to a charge of possession of a prescription medicine, who does the burden of proof lie with?
- The defendant must prove that they were lawfully entitled to be in possession of the prescription medicine
62
Who is exempt from a charge relating to the sale or supply of needles or syringes?
- Pharmacies
- Medical practitioners
- authorised people of the health Department
63
Name the 2 main types of tracking devices?
- Beacon and GPS
64
If a tracking device is installed without a warrant, what is the time period in which it either needs to be removed or a tracking device warrant should be obtained?
72 hours
65
What was held by the Courts in relation to the protection of informers and owners/occupiers of premises used for surveillance? R v Rankine
R v Rankine
- It is in the public interest not to discourage people from coming forward to provide info to the police. The reasons which give rise to the rule that the ID of the informer is not identified and is applied equally to the ID of the owner or occupier of the premise used for surveillance and to the ID of the premises themselves.
66
Name 3 types of clan lab?
- Conversion
- Extraction
- Synthesis
67
Name 6 symptoms that may result from a exposure to a clan lab?
- Headaches
- Watery or burning eyes
- Burning skin
- Coughing or choking
- Shortness of breath
- Feeling cold and weak
68
Which drug offence are deemed to be category 3 offences?
- Import/export
- produce/manufacture
- Supply or administer or offer to supply classes A, B or C
- Selling or offer to sell Class C
69
Name 2 common examples of instrument of a crime in drug dealing cases?
- A house used to manufacture meth
| - A vehicle used to deliver drugs
70
When can a defendant charged with a drug dealing offence elect trial by jury?
- If the offence is a category 3 offence the defendant has the right to elect trial by jury.
71
If a person was mistaken to the nature of the drug can that person still be charged?
- If a person charged did not know it was a controlled drug that is no defence.
- It would not be a defence to a charge of supplying heroin if the defendant believed it was cocaine
72
Can two or more people be charged with joint possession of drug?
- If more than one person has access to drugs of saleable amount they maybe charged jointly with possession. However in such case you must prove that there was a common intent to sell the drugs
73
What are 3 additional ways of proving intent in drugs cases?
- Admissions
- Circumstantial evidence such packaging, tick lists, cash, scales
- Stationary presumption under S6
74
Possession offences include what?
- Possession
- Joint possession
- Attempted possession
75
What 5 things should you consider when setting an OP for a controlled delivery?
- Finding a suitable location close to the target address
- Consider what other properties are friendlies
- Camera OP requirements v intercept requirements
- If a surveillance device is needed under the SS act 2012.
- Staff needing to man the OP
76
When you identified an OP address what are 4 other considerations need to be made about this address itself?
- How close it is to the target address
- Is it unobstructed
- Phone lines available on the street
- Access to and from the address without causing suspicion.
77
In relation to importation when is someone liable and when does liability cease?
- Someone is liable as soon as drugs cross the NZ boarder
| - Liability ceases when the drugs have reached their immediate destination and are available to the addressee
78
Why are drugs categories as Class A?
- Class A are classified as such to the risk of harm it possess to the user and society
79
What are 2 elements the Crown must prove in a charge of offering to supply or administer?
- The communicating of an offer to supply or administer drugs
- An intention that the person believed the offer was genuine
80
When may the presumption that the drug is for sale or supply be rebutted?
- When the person is able to prove that they did not intend to commit a drug dealing offence ie if the person is a addicted and requires large amounts of the drug
81
List 4 examples of equipment?
- Glassware
- Pots
- Lights
- Heating mantels
- Timers
- Scales
82
In reference to Section 12A(2) relating to the possession of equipment, material or precursors the Crown must prove 3 elements. What are they?
- The defendant has possession of equipment, materials or precursors
- Those items are capable of used in the production or manufacture of drugs or cultivation of prohibits plants
- They had an intent that those item be used for such offence.
83
Is possession of needle an offence?
- No but will become one if it contains useable amount of a drug
84
List 4 points that need to be done when entering into a clan lab that was not planned?
- Remove person of interest
- Isolate the site and maintain a perimeter
- Preserve the scene
- Advice duty inspector or NCO, fire and ambos
85
List 5 things to cover in an initial interview with a CYP located at a clan lab?
- Basic health
- Occupant details
- Details of other siblings
- Sleeping arrangements
- Playing and eating areas
- Name of GP
86
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?
- You would need to prove the defendant deliberately turned a blind eye.
87
What does large scale dealing mean?
- Means the suspected dealing of drugs is 5 times the amount presumed for supply
88
Explain the 3 categories of cannabis cultivation?
1 - A small number of plants for personal use
2 - small cultivation for obtaining a profit
3 - Large commercial growing with a considerable amount of organisation
89
If a person is only bailable in the High Court where can they make their first appearance?
District Court
90
List 4 activities in which a surveillance device warrant would be needed?
1- Intercept private communications
2- Observe private activity in a private premise and any recordings of that observation.
3- Use a device that involves trespass to land or to goods
- Timings - 3hrs in any 24 hrs or 8 hrs in total
91
Explain S17 of the Bail Act 2000 - relates to Class A offences?
- Relates to person of or over 17years charged with serious class A
- Should not be granted bail unless they satisfy the Judge they should be
- Judge must be satisfied the defendant will not commit further drug dealing offences while on bail.
92
John gave his mate an analogue of meth - is he guilty of supplying class A or C or something else?
- Supply Class C
