General - Misc offences

Question 1

What is required for knowledge in relation to suppling equipment etc…

Answer 1

Mere suspicion is not enough and the defendant must know the items were to be used in the commission of a specified offence

Question 2

How many people must be involved in the conspiracy?

Answer 2

At least two

Question 3

Examples of precursors

Answer 3

acetic anhydride
lysergic acid
pseudoephedrine

Question 4

Examples of equipment used to manufacture or produce

Answer 4

glassware
condensers
heating mantles
pots
lights
timers
water pumps

Question 5

Under s16 MDOA 1975, who must be obstructed?

Answer 5

Any person, it is not specific to Constabulary staff alone

Question 6

What must be proved for a charge of supplies equipment/precursors - 12A(1)

Answer 6

• the defendant supplied, produced, manufactured equipment, material or precursors
• these items could be used to produce, manufacture or cultivate prohibited plants
• defendant knows items are to be used for such as offence by another person

Question 7

Restrictions on possession of prescription medicines

Answer 7

S43 Medicines Act 1981

No person shall, without reasonable excuse, import, procure, receive, store, use or otherwise have in their possession, any prescription medicine

Question 8

What are the two offences in relation to needles?

Answer 8

Health (needle and syringe) regulations 1998

Reg 11:
Offering or accepting for use any used needle or syringe, or disposing of any needle or syringe in a public place

Reg 12:
Selling or supplying or attempting to sell or supply any needle or syringe when they aren’t a pharmacist, pharmacy employee, medical practitioner or authorised representative.

Question 9

What is a conspiracy

Answer 9

A criminal conspiracy consists of an agreed Intention which is common to the mind of the conspirators and a common designed to commit the offence, rather than any actual action

Question 10

Define knowledge

Answer 10

Knowing means knowing or correctly believing, a person may believe something wrongly but cannot know something that is false

Question 11

What must be proved for a charge of supplies equipment/precursors - 12A(2)

Answer 11

• defendant had equipment, material or precursors in his possession
• these items were capable of being used in production or manufacture of controlled drugs or cultivating prohibited plants
• defendant had the intention that those items are to be used for such an offence either by himself or any other person

Question 12

What is important to note when finding a needle?

Answer 12

Possession of the needle itself is not an offence, it is only an offence when the syringe contains a usable amount of a controlled drug as an offence is being committed in respect of possession of the drugs

Question 13

What issue arises where there is a conspiracy to import drugs into New Zealand where the unlawful acts are carried out in a foreign territory

Answer 13

There is a issue regarding jurisdiction and it will be necessary to prove that the defendant had done something to complete a conspiracy in New Zealand

Question 14

What conduct is sufficient under S16 MODA 1975 for obstruction?

Answer 14

Mere words alone may be sufficient in circumstances where the words spoken are believable and have some impact on the person executing their duty.