Good To Know

Question 1

Proving knowledge of Importing

Answer 1

The Crown must prove the accused guilty knowledge with proof of-

Knew about the importation, and

Knew the imported substance was a controlled drug, and

Intended to cause the importation

Question 2

Wilful blindness

Answer 2

It will suffice if the Crown can prove that beyond reasonable doubt, the accused had suspicions aroused as to what they were carrying but deliberately refrained from making inquiries to confirm their suspicion because they wanted to remain ignorant.

Question 3

When is the offence of manufacturing complete?

Answer 3

The offence is complete once the prohibited substance has been created, whether or not it is in a usable form.

Question 4

Explain Cannabis preparation?

Answer 4

Is produced by subjecting cannabis plant to some kind of processing that renders it unrecognisable as plant material. For example - producing cannabis oil or baking a hash cake.

Question 5

Proving defendants intent - R v Collister

Answer 5

Defendant admissions

Circumstantial evidence (packaging, scales, cash, tick list etc)

The statutory presumption under section 6(6)

Question 6

Some examples of Presumptive amounts for controlled drugs

Answer 6

Schedule 5, MODA 1975
Heroin - 0.5 grams
Cocaine - 0.5 grams
LSD - 2.5 milligrams or 25 flakes, tablets etc
Methamphetamine - 5 grams
MDMA (Ecstacy) a 5 grams or 100 flakes, tablets etc
Cannabis resin and extract (oil) - 5 grams
Cannabis plant - 28 grams or 100 or more cigarettes

Question 7

What is the presumptive amount if the controlled drug is not set out in Schedule 5 of MODA 1975?

Answer 7

56 grams

Question 8

Any other person - conspiracy

Answer 8

There must be at least two persons involved in the conspiracy.

Question 9

Equipment

Answer 9

Includes the implements, apparatus and other hardware used in the manufacturing, producing or cultivating process.

Question 10

Examples of equipment

Answer 10

Glassware, condensers, heating mantles etc used in the manufacture of methamphetamine; or pots, lights, timers, water pumps etc used in the cultivating cannabis.

Question 11

What is material under MODA 1975?

Answer 11

Likely to include anything in the process of producing, manufacturing or cultivating that cannot be properly described as equipment.

Question 12

Proving guilty knowledge of supply

Answer 12

The defendant knew about the supply / administer / offer AND

Knew the supply / administer / offer substance was a controlled drug AND

intended to cause the supply / administer / offer

Question 13

Examples of precursors listed in Schedule 4?

Answer 13

Acetic anhydride (precursor to heroin)

Lysergic acid (precursor to LSD)

Ephedrine/pseudoephedrine (precursor to methamphetamine)

Question 14

Section 9 of MODA 1975

Answer 14

Except pursuant to a licence under this Act, or as otherwise permitted by regulations made under this Act, no person shall cultivate any prohibited plant

Question 15

Section 12 of MODA 1975?

Answer 15

Any person

Knowingly permits any premises or any vessel, aircraft, hovercraft, motor vehicle, or other mode of conveyance, to be used for the purpose of the commission of an offence against this Act.

Question 16

Section 16 of MODA 1975

Answer 16

Any person
Wilfully obstructs, hinders, resists or deceives any person in the execution of any powers conferred on that other person by or pursuant to this Act.

Question 17

Proving guilty knowledge of manufacturing or producing

Answer 17

This will involve proof that the defendant

Knew about the produce/manufacturing

Knew the produce/manufacturing substance was a controlled drug

Intended to cause the produce/manufacturing

Question 18

Proving guilty knowledge of sale/offer

Answer 18

This will involve proof that the defendant

Knew about the sale/offer

Knew the substance for sale/offer was a controlled drug

Intended to cause the sale/offer

Question 19

What are the two types of controlled deliveries?

Answer 19

First, is a clean delivery - no drugs are left in the consignment. At the termination of the operation only a importation and/or conspiracy charge are likely to be filed.

Second, leave an amount of the drug within the consignment to enable the option of charging the offender with a “possession for supply” charge.

Question 20

Two main forms of tracking devices

Answer 20

Beacon and GPS

Question 21

Private communication

Answer 21

Means a communication (whether oral or in written form, or in the form of telecommunication, or otherwise) that may reasonably be taken to indicate that any party to the communication desires it to be confined to the parties to the communication

Does not include a communication of a 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

Question 22

Interception device

Answer 22

Any electronic, mechanical, electromagnetic, optical, or electro-optical instrument, apparatus, equipment or their device that is used or is capable of being used to intercept or record a private communication

Does not include a hearing aid or similar device used to correct subnormal hearing of the user to no better than normal hearing.

Question 23

Visual surveillance device

Answer 23

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

Does not include spectacles, contact lenses, or a similar device used to correct the subnormal vision of the user to no better than normal vision.

Question 24

Surveillance device

Answer 24

A device that is any 1 or more of the following kinds of devices:

(a) an interception device

(b) a tracking device

(c) a visual surveillance device

Question 25

Tracking device

Answer 25

A device that may be used to help ascertain, by electronic or other means, either or both of the following: A location of a thing or a person Whether a thing has been opened, tampered with, or in some other way dealt with Does not include a vehicle or other means of transport, such as a boat or helicopter

Question 26

Useable amount

Answer 26

In any drug offence, the quantity of drug involved must be measurable and useable

Question 27

Provisions relating to drug offences in situations of emergency - s48(2)(e) of S&S2012

Answer 27

Search and Surveillance Act 2012, Section 48(2)(e) (i) to suspect that an offence has been committed, or is being being committed, or is about to be committed in relation to a controlled drug, or precursor (ii) to believe that use of a surveillance device would obtain evidential material in relation to the offence

Question 28

What are some safety considerations when entering a clan lab

Answer 28

Leave the area immediately 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. Do not shut off the water supply to the house or chemical reaction Do not smoke in or near the Clan lab Do not re-enter the premises Do not use tools, radios, cell phones, torches or devices that produce sparks or friction

Question 29

What are some symptoms from being exposed to chemicals at a clan lab?

Answer 29

Headaches Watery or burning eyes Nausea Burning skin Coughing or choking Pain in diaphragm Feeling coldness or weakness Shortness of breath and/ or dizziness

Question 30

What are the time limits for filing charges

Answer 30

Section 28(a) - Dealing, cultivating and aiding offences corresponding law in another country - any time Section 28(b) - Limitation for any other offence against the act or any regulations made under it, is four years after the date of the offence being committed

Question 31

Who can grant bail for anyone charged with drug dealing offences?

Answer 31

High Court Judge or District Court Judge

Question 32

Things to cover in initial interview with child/young person found at a clan lab

Answer 32

Basic health questions: headaches, nausea, breathing difficulty. Dizziness, fatigue The occupants details Other children or young persons at the address Sleeping arrangements Playing and eating areas School or preschool details Name of their doctor Knowledge of drugs, manufacturing, dealing activities

Question 33

12 things you must do for initial action at clan lab where children and/or young persons are located

Answer 33

Remove them from the scene immediately Assigning an officer to look after and monitor child or YP. This officer will make themself known to social worker when they arrive at the scene. Provisions of age appropriate explanations to child or YP about what is going to happen to them, ie need to wear special clothing Ambulance assessment of child or YP for injuries, illness or respiratory distress. Request for OT attendance at the scene Providing suitable PPE to OT staff, together with a “Decontamination kit” for each child or YP. Placing child or YP into Tyvek suit or wrap them in a blanket prior to being handed over to OT staff. Photographs of child or YP and the scene Record physical condition of child or YP including any injuries Recording the mental state of the child or YP

Question 34

Key activities taken by the telephone investigator during the first 24hours

Answer 34

Trapping or preloading phone data TSP Liaison Draft a production order application early Liaising with Analysts Proving phone ownership

Question 35

Methods of delivering drug exhibits

Answer 35

In person to the analysts who is to issue the certificate, or to a person authorised by the analyst to receive it By registered post or by courier post with signature required in a sealed package to an employee who has been authorised by the analyst in charge at the laboratory

Question 36

Definition of emergency

Answer 36

Actual or imminent danger to human health or safety 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

Question 37

Who leads controlled drug ops?

Answer 37

Nz Customs

Question 38

How many days can a surveillance warrant be in force for?

Answer 38

60 days

Question 39

Difference between obstruction in summary offences Act and MODA?

Answer 39

Obstructs ANYONE in the execution of power under MODA.

Question 40

When is importation complete

Answer 40

As soon as the drugs cross New Zealand border, irrelevant if it is available to the consignee/addressee

Question 41

Difference between produce and manufacture

Answer 41

Produce can be described as changing the nature of the original substance, and manufacturing as creating a different substance from the original materials

Question 42

Signs of a clan lab (exterior)

Answer 42

Frequent visitors Exhaust fans running at odd times Windows blackened out or curtains drawn Rubbish containing a large amount of cold medication containers or packaging Access denied to landlords, neighbours and other visitors People coming outside to smoke Expensive security and surveillance equipment Bottles, plastic containers and box labels removed

Question 43

Signs of clan lab (interior)

Answer 43

Containers with clear liquids in them with chalky coloured solid on the bottom or similar Containers with two layered liquids in them Used coffee filters containing either a white pasty or reddish brown substance Baking dishes or similar containing white crystal like substances Laboratory glassware, equipment and documents Hot plates near chemicals

Question 44

Activities for which surveillance device warrant required (s46 of S&S 2012)

Answer 44

Except as provided in sections 47 and 48, an enforcement officer who wishes to undertake any 1 or more of the following activities must obtain a surveillance device warrant: (a) use of an interception device to intercept a private communication: (b) 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: (c) observation of private activity in private premises, and any recording of that observation, by means of a visual surveillance device: (d) use of a surveillance device that involves trespass to land or trespass to goods: (e) 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 of investigations, exceeds— (i) 3 hours in any 24-hour period; or (ii) 8 hours in total.

Question 45

A certificate referred to in subsection (2) shall be admissible in evidence only if -

Answer 45

(a) at least 7 clear days before the hearing at which the certificate is tendered, a copy of that certificate is served, by or on behalf of the prosecutor, on the defendant and the defendant is at the same time informed in writing that the prosecutor does not propose to call the person who made the analysis as a witness at the hearing; and (b) the defendant does not, by notice in writing given to the prosecutor at least 3 clear days before the hearing, require the person who made the analysis to be called by the prosecutor as a witness at the hearing.

Question 46

3 things to prove the supplying of equipment s12A(1) MODA 1975

Answer 46

The defendant has supplied, produced, or manufactured equipment, material or precursors Those items are capable of being used in the production or manufacture of controlled drugs or the cultivation of prohibited plants The defendant knows those items are to be used for such an offence by another person

Question 47

Criteria’s for issuing a surveillance device warrant

Answer 47

There are reasonable grounds 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 authorises the enforcement officer to apply for a warrant to enter premises for the purpose of obtaining evidence about the suspected offence; and to believe that the proposed use of the surveillance device will obtain information that is evidential material in respect of the offence

Question 48

What are the three types of clan labs

Answer 48

Extraction, Conversion and synthesis

Question 49

What does section 3 of the bail act say about drug dealing?

Answer 49

(a) any offence against section 6 or 12C(1)(a) of the Misuse of Drugs Act 1975 in relation to a Class A controlled drug or a Class B controlled drug; or (b) an attempt to commit an offence referred to in paragraph (a)

Question 50

What is section 12C(1)(a) of MODA 1975?

Answer 50

Section 12C - Commission of offences outside New Zealand (1) Subject to subsection (2), every person commits an offence against this Act who, outside New Zealand, does or omits to do any act that would, if done or omitted in New Zealand, constitute an offence against— (a) section 6

Question 51

What are some common ways for controlled drugs to be imported?

Answer 51

Have the drugs concealed in or in their person, or in their luggage Have another person (a mule) bring the drugs in for them Send or have drugs sent by international mail or courier Conceal drugs inside legitimate goods, for example shipping containers

Question 52

What should you do if the package from a controlled delivery is in a vehicle and you want to stop it?

Answer 52

Stop the vehicle under s121 of the Search and Surveillance Act 2012. A search warrant should be sought but if it is impracticable, you can search the vehicle under s81 of the Search and Surveillance Act 2012. Remember to log your decision making in your notebook.

Question 53

What should you do if the suspect from a controlled delivery is in a vehicle , which no longer has the package and you want to stop it?

Answer 53

Stop the vehicle under s9 of the Search and Surveillance Act 2012 which allows your to stop the vehicle for the purpose of arresting an occupant.

Question 54

What is the difference between section 12A(1) and 12A(2)?

Answer 54

Charges under section 12A(1) are often filed against businesses, such as hydroponics suppliers, who knowingly supply equipment for cultivating cannabis, or against “pseudo-shoppers”, those who acquire quantities of pseudoephedrine and supply them to meth cooks. Charges under section 12A(2) relate to those in possession of such items with intent that they be used by themselves or others for a specified purpose, such as meth cooks and cannabis cultivators.