Module 11: Drugs Flashcards
What is the meaning of Controlled Drug?
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. (S. 2 MODA 75)
What is R V Rua?
The words “produce” or “manufacture” in s6(1)(b) broadly cover the creation of controlled drugs by some form of process which changes the original substances into a particular controlled drug.
What are the ingredients of “Permits Premises” S.12 MODA 1975?
- A person
- Knowingly permits any premises or 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.
Does a CHIS have to be named in a warrant? (Use case law)
No they don’t. Section 64 of the Evidence Act 2006 grants privilege to informers that protects their identity and extends to information likely to disclose that identity.
R v McGinty
Disclosure of the identity of alleged informants was not required under the Act. The trial Judge was correct in deleting parts of the application. However he was entitled to insist on disclosure if he saw fit.
Is it possible to be charged with “Attempted Possession”? (Use case law)
Yes - attempted possession of a drug covers obtaining something innocuous mistakenly believing it’s a drug.
Police v Jay
Man bought hedge clipping believing it was cannabis. The offence of possession was legally possible although 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.
What is a controlled delivery?
A consignment of illicit drugs which is detected, often concealed in some other goods, in circumstances making it possible for the delivery of those goods to be made under the control and surveillance of NZ Customs and Police officers, with a view to identifying and securing evidence against those involved for the importation/exportation.
In relation to importing, when is someone liable and when does the liability cease?
Criminal liability arises as soon as the drugs cross New Zealand’s border and concludes when they have reached their final destination and are available to the consignee. (RvHancox)
4 things to be done in the first 24 hours (O/C phones)
- Trapping or pre loading phone data should be done continually as new phone numbers are identified
- Establish an effective working relationship with the telecommunications service provider
- Draft a production order application early on and update it regularly – the application outlines the backbone of the enquiry
- Liaise with an analyst who will assist in formatting raw data into spreadsheets
What must be proved for importation (Mens Rea)?
The Crown must prove that the defendant’s conduct contributed to the importation of the drug. It must also prove guilty knowledge e.g. that the defendant:
• knew about the importation, and
• knew the imported substance was a controlled drug, and
• intended to cause the importation
How do you prove age for a victim (Use case law)?
Generally done by production of a birth certificate along with independent evidence to identify them as the person on the certificate. Ideally from a parent. R v Forrest and Forrest: the best evidence possible evidence is to be adduced by the prosecution in proof of the victims age.
Criteria for issuing a surveillance device warrant (Section 51 S&S Act)? Question is worded: “Complete the sentence. When applying for a surveillance device warrant you must convince the judge that you…” (or similar)
(i) Reasonable grounds to suspect an offence has been, is being, 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
(ii) to believe that use of the surveillance device will obtain evidential material in respect of the offence; and;
(iii) The restrictions in section 45 do not prevent the issuing of a surveillance device warrant
4 points for unplanned entry to a clan lab (Initial action)?
- Immediately remove persons of interest from the premises
- Isolate the site and maintain a safety perimeter
- Preserve the crime scene
- Notify the duty inspector or duty NCO, NCLRT and fire and ambulance services
Explain section 16 of bail act in relation to someone being charged as well as someone having previous section 6 convictions?
- Judge only may grant bail for drug dealing offence
“A defendant who is charged with or convicted of a drug dealing offence may be granted bail by order of a High Court Judge or District Court Judge but not otherwise.”
- Of or over the age of 17 years charged with a serious Class A drug offence cannot be granted bail unless they satisfy the Judge bail should be granted.
- In particular they must satisfy the Judge they will not, while on bail, commit any drug dealing offence.
What points to consider when profiling the address of a controlled delivery?
- Real person or fake name.
- connections to delivery address
- relevant convictions / notings / associations
- travel / connections to country of origin
- Bank accounts – large deposits, overseas transfers.
- full identification of target if possible
- photographs (casual / formal / surveillance)
- Police intelligence held (NIA, previous investigations, MO section, IMP, arresting officers)
- suspect’s knowledge surrounding covert enforcement techniques
- suspect’s knowledge / skill surrounding technology (phones, faxes,
Signs of a clan lab (Include interior and exterior)? – 10 points
- Chemical odours, coming from the building, rubbish or detached buildings. The odours can be sweet, bitter, ammonia or solvent smells.
- Exhaust fans running at odd times.
- Frequent visitors at odd hours.
- Windows blackened out or curtains always drawn.
- People coming outside only to smoke.
- Occupants unfriendly, appear secretive about their activities, exhibit paranoid or odd behaviour.
- Expensive security and surveillance gear.
- Access denied to landlords, neighbours, other visitors.
- Rubbish containing a large amount of cold medication containers or packaging.
- Also bottles, plastic containers and boxes with labels removed.
Inside
• Laboratory glassware, equipment and documents.
• Containers with clear liquids in them with a chalky colored solid on the bottom or similar.
• Containers with two layered liquids in them, one dark colored layer and one clear or pale yellow layer.
• Used coffee filters containing either a white pasty or reddish brown substance.
• Baking dishes or similar containing white crystalline substance.
• The presence of hot plates near chemicals.
What evidence to look for in a search warrant involving controlled deliveries – 5 points
- Evidence relating to the importation
- Track and trace receipts
- Correspondence
- Computers, faxes and cell phones
- Emails
- Contact lists/numbers
- Packaging from previous importation
- Money and financial records
- Scales and packaging etc in relation to supply charges
- Po Box documentation
- Travel documentation
- Passports
Class C Controlled Drug Definition?
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. (S.2 MODA 75)
When is offence of manufacturing complete?
The offence is complete once the prohibited substance is created, whether or not it is in a usable form.
Who can call a land slide in clan lab?
any member of initial entry team
4 things to consider with an OP for controlled delivery?
- proximity to target address – close enough to be effective, far enough away to be unobtrusive
- unobstructed line of sight to target address
- access to and from address without arousing suspicion
- ability to beam signals and/or tap into Telecom cables
- phone lines available in street
Ingredients of Obstructs S.16 MODA 75?
- A person
- 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?
If there is evidence that the accused honestly believed on reasonable grounds that her actions were innocent, she is entitled to be acquitted unless the jury is satisfied beyond reasonable doubt this was not so.
90 Second Rule?
Assumes that if the offenders are present and moving inside the laboratory then the atmosphere will sustain life meaning the initial entry team can safely enter and extract suspects for a period of up to ninety seconds
Presumption for supply LSD, Cannabis, Meth, Cocaine?
- Cocaine 0.5 grams
- Lysergide (LSD) 2.5 milligrams or 25 flakes, tablets etc
- Methamphetamine 5 grams
- Cannabis plant 28 grams or 100 or more cigarettes
4 ways a controlled delivery could come about from?
International mail centre – Inside a mail article
International airport – Courier using either body packing, internal concealment or concealment inside luggage
Imported air or sea freight – Within a freight consignment which can be either commercial or private
Transhipped air or sea freight – Transiting through NZ with it final destination in another country
3 things that must be proven for supplying equipment - section12A(1) moda75?
- 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
Discuss Reg11 relating to Offering, accepting, disposing of syringes?
(1) Every person commits an offence who—
(a) Offers to any other person, for use by that other person, a used needle or used syringe; or
(b) Accepts for use a used needle or used syringe; or
(c) Disposes of a needle or syringe in a public place.
4 times when a surveillance warrant required, s46 S&S 2012?
(a) Use of an interception device to intercept a private communication:
(b) Use of a tracking device, except to ascertain if something has been opened, tampered with, or dealt with, and the installation does not involve trespass to land or goods
(c) Observation of private activity in private premises, and any recording of that observation with a visual surveillance device
(d) Use of a surveillance device that involves trespass to land or goods
(e) Observation or recording of private activity in the curtilage of private premises with a visual surveillance device, and the duration, for a single investigation or a connected series of investigations, exceeds—
(i) 3 hours in any 24-hour period; or
(ii) 8 hours in total.
