NB bits

Question 1

List 4 things to consider with an OP for controlled delivery

Answer 1

Identify any staff or ‘friendlies’ who live in the vicinity of the target address
If there are none, then identify a potential address based on location/proximity to target
Camera OP requirements vs intercept requirements
Whether surveillance device warrant is required
The staff having to occupy the OP

Question 2

Ingredients of obstructs - s16

Answer 2

Every person commits an offence against this act who 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

Question 3

R v STRAWBRIDGE

Answer 3

It is not necessary for the Crown to establish knowledge on the part 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, then she is entitled to be acquitted unless the jury is satisfied beyond reasonable doubt this was not so

Question 4

90 second rule

Answer 4

This rule assumed that is the offender(s) are present and moving inside the laboratory then the atmosphere will sustain life. It assumed that the IET (wearing the minimum level of PPE for the IET) may safely enter and extract suspects for a period of up to ninety seconds

Question 5

Quantities of presumption for supply

Answer 5

LSD 2.5 milligrams or 25 flakes/tablets
Cannabis plant 28g or 100 or more cigarettes
Cannabis resin/oil 5 grams
Meth 5 grams
Cocaine 0.5 grams

Question 6

4 ways that controlled delivery could come about

Answer 6

International mail centre - inside a mail article
International airport - arriving courier, body packaging, internal concealment, concealed within luggage
Imported air freight - freight consignment wither commercial or private
Transshipped air or sea freight - Transiting NZ to final destination to another country
Arriving commercial vessel - Hidden on board or attached to a vessel, either unloading or picking up cargo from NZ before continuing onto another country

Question 7

Ingredients of allowing premise - S12

Answer 7

Every person commits an offence against this Act who knowingly permits any premises (or any vessel, aircraft, hovercraft, motor vehicle, or other mode of contrivance) to be used for the purpose of the commission of an offence against this Act

Question 8

3 things that must be proven for supplying equipment - S12A(1)

Answer 8

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

Question 9

Regulation 11 relating to offering, accepting, disposing of syringes

Answer 9

Offer to any other person, for use by that other person, a used needle or used syringe; or
Accept for use a used needle or used syringe; or
Dispose of a needle or syringe in a public place

Question 10

4 times when a surveillance device warrant is required - S46 S&S 2012

Answer 10

Use of an interception device to intercept a private communication

Use of a tracking device, except where a tracking device is installed solely for the purpose of ascertaining whether a thing has been opened

Observation of private activity in private premises, and any recording of that observation, by means of a visual surveillance device

Use of a surveillance device that involves trespass to land or trespass to goods

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) 3hrs in any 24hr period or 8hrs total

Question 11

Internal search s13a

Answer 11

13a - RGTB the person is concealing Class A or Class B controlled drugs but who is not under arrest. Police or Customs
23 - Person under arrest for s6, 7, 11 (A, B, C) and Constable must have RGTB the person has evidence secreted

Question 12

S16 Bail Act

Answer 12

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 a District Court Judge but not otherwise

Question 13

The presumption that a drug is for sale/supply may be rebutted if the person is able to prove

Answer 13

A person cannot be said to be in possession of some article which he or she does not realise is in their possession

Question 14

4 things you must do for initial action at clan labs where YP located

Answer 14

Removal of the child or young person from the immediate scene
Assigning of an officer to look after and monitor the child or young person
Assessment of the child or young person by ambulance staff for injury, illness or respiratory distress
Most appropriate decontamination for the child or young person
Photographing of the child or young person at the scene

Question 15

Things to cover with YP at clan lab

Answer 15

Basic health questions such as: headaches, nausea, breathing difficulty, dizziness, fatigue, etc.
The occupant’s details
Details of other siblings, children or young person’s at the address
The sleeping arrangements
Knowledge of drugs, manufacturing, dealing activities
The name of their doctor

Question 16

Meaning of controlled drug

Answer 16

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

Question 17

R v RUA

Answer 17

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

Question 18

Does a CHIS have to be named in the warrant - legislation s64 of the EA 2006 or case law

Answer 18

S64 of the EA 2006 grants privilege to informers that protects their identity and extends to information that is likely to disclose that identity

Question 19

R v McGINTY

Answer 19

Trial judge was correct in deleting from the application certain parts which would have been likely to lead to the identification of informants. However, the trial judge was entitled to insist on disclosure if he saw fit

Question 20

Is it possible to be charge with attempted possession (Police v Jay)

Answer 20

It is an offence to attempt to gain possession of a drug. A charge which covers someone obtaining something innocuous in the mistaken belief that it is a drug
R v JAY - hedge clippings

Question 21

Controlled delivery

Answer 21

When a consignment of illicit drugs is detected, 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 in the importation/exportation. This could also incorporate couriers caught body packing or travelling with drugs concealed within their luggage

Question 22

In relation to importation when is someone liable and when does liability cease

Answer 22

Criminal liability arises as soon as the drugs cross NZ border. However, the offence does not end at the border; the process of importation continues while the goods are in transit, and only concludes when they have reached their final destination and are available to the consignee.

Anyone who knowingly assists in facilitating the process up until that point may be liable as a party to the importation.

Question 23

4 things that must be done in the first 24hrs (O/C phones)

Answer 23

Trapping or pre-loading phone data
TSP liaison
Draft a PO application early
Proving phone ownership

Question 24

To prove importation (men’s rea)

Answer 24

Knew about the importation; and
Knew the imported substance was a controlled drug; and
Intended to cause the importation

Question 25

Proving age for a victim (R v FORREST and FORREST)

Answer 25

In practice this generally involves producing the victim's birth certificate in conjunction with independent evidence that identifies the victim as the person name in the certificate

Question 26

Criteria for a surveillance device warrant - s51 S&S Act 2012

Answer 26

RGTS 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 RGTB that the proposed use of the surveillance device will obtain information that is evidential material in respect of the offence.

Question 27

4 point for unplanned entry to a clan lab

Answer 27

Immediately remove persons of interest from the premises Isolate the site and maintain safety perimeter Preserve the scene Notify duty inspector or Duty NCO, contact NCLRT and where appropriate fire/ambo Occupants and staff who have entered the address are to remain separated until decontamination issues have been addressed Seek medical advice if you experience any adverse effects

Question 28

Point to consider when profiling the addressee of a controlled delivery

Answer 28

``` Previous occupiers Real person or false name Connections to address Relevant convictions/notings/associations Travel/connections to country of irigin Bank accounts - large deposits, overseas transfers Full ID if possible Photographs Police intelligence Financial profile Family members General lifestyle Risk assessment ```

Question 29

General time limits for laying charges regarding drug offences - S28

Answer 29

Anytime - dealing s6, Cultivating s9, s10 | Any other offence 4yrs after offence date

Question 30

Signs of a clan lab (outside and inside)

Answer 30

Chemical odours, coming from the building, rubbish or detached buildings 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, secretive, exhibit paranoid or odd behaviour Expensive security and surveillance gear Laboratory glassware, equipment and documents Containers with clear liquids in them with a chalky coloured solid on the bottom or similar Containers with two layered liquids in them, one dark 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

Question 31

Evidence to look for in a search warrant involving controlled deliveries

Answer 31

``` Correspondence Packaging from previous importations PO box documentation Travel documentation Computer, faxes, cellphones Track and trace receipts ```

Question 32

Two methods of delivery of drugs to ESR - in person, registered post

Answer 32

In person to the analyst 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 33

R v DURING

Answer 33

An offer is an intimation by the person charged to another that he is ready on request to supply to that other drugs of a kind prohibited by the statute

Question 34

R v BROWN - use case law to detail the ways that an offence of offers to supply can arise

Answer 34

The defendant is guilty in the following instances: Offers to supply a drug that he has on hand Offers to supply a drug that will be procured at some future date Offers to supply a drug that he mistakenly believes he can supply Offers to supply a drug deceitfully, knowing he will not supply that drug In R v BROWN the defendant was charged with offering to supply tabs of LSD to an undercover police officer. Upon analysis the tabs he had represented as LSD were found to contain another substance which was not in fact a controlled drug

Question 35

Options 1 and 2 for controlled deliveries

Answer 35

A clean controlled delivery where no drugs are left within the consignment. this eliminates any risk of the drugs being lost but gives greater freedom in organising the surveillance of the consignment and reduces the risk of alarming the targets who may have arranged counter-surveillance. However, at the termination of the operation only importation and/or conspiracy charges are likely to be filed on those apprehended. Leave an amount of the drug within the consignment to enable the option of charging an offender with a possession for supply charge and also provides the availability of emergency powers should the drugs move to persons or places that are not covered by search warrants. The remainder of the drugs are substituted. Consequently any consignment with the drugs still in it requires greater security, and recovery on termination is paramount.

Question 36

To rebut s6(6) presumption for supply you must prove

Answer 36

In cases where the Tracy39 formula is applied, the defendant needs to rebut the presumptions of s6(6) by proving, on the balance of probabilities, that they did not intend to supply, administer or sell the drug, or attempt to supply, administer or sell the drug

Question 37

Offering to supply or administer - the prosecution must prove two elements

Answer 37

The communicating of an offer to supply or administer a controlled drug (actus reus) An intention that the other person believes the offer to be genuine (the mens rea)

Question 38

Clan lab safety requirements

Answer 38

Leave the area immediately, your safety is paramount 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 the chemical reaction Do not smoke in or near a Clandestine laboratory

Question 39

Three steps for using certificate of analysis instead of calling ESR analyst to give evidence

Answer 39

The defendant is served at least 7 days before the hearing and provided with a copy if the analysts certificate The defendant does not, at least 3 days before the hearing, give written notice that the analyst be called The court does not request the oral evidence of the analyst

Question 40

Emergency (Hazardous Substances and New Organisms Act 1996 - S135)

Answer 40

(a) Actual or imminent danger to human health or safety; or (b) 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 41

Proof of possession

Answer 41

In drugs cases it will be necessary for the Crown to prove that the defendant had: Knowledge that the drug exists Knowledge that it it a controlled drug Actual physical control or some degree of control over it An intention to possess it

Question 42

Private communication

Answer 42

(a) means a communication (whether in oral or written form, or in the form of a telecommunication, or otherwise) made under circumstances that may reasonably be taken to indicate that any party to the communication desires it to be confined to the parties to the communication; but (b) 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 43

Evidential material

Answer 43

In relation to an offence or a suspected offence, means evidence of the offence, or any other item, tangible or intangible, of relevance to the investigation of the offence

Question 44

Visual surveillance device

Answer 44

(a) 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; but (b) does not include spectacles, contact lenses, or a similar device used to correct subnormal vision of the user to no better than normal vision

Question 45

Interception device

Answer 45

(a) 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 intercept or record a private communication (including a telecommunication); but (b) does not include a hearing aid or similar device used to correct subnormal hearing of the user to no better than normal hearing

Question 46

Tracking device

Answer 46

(a) means a device that may be used to help ascertain, by electronic or other means, either or both of the following: (i) the location of a thing or a person (ii) whether a thing has been opened, tampered with, or in some other way dealt with; but (b) does not include a vehicle or other means of transport, such as a boat or helicopter

Question 47

Surveillance device assists by

Answer 47

A visual surveillance device assists you to observe and/or record An interception device assists you to hear and/or record A tracking device assists you to locate a person or thing or ascertain whether anything has been handled

Question 48

Section 48(2)(e) the enforcement officer has reasonable grounds

Answer 48

(i) to suspect that an offence has been committed, or is being committed, or is about to be committed in relation to a controlled drug specified or described in Schedule 1, Part 1 of Schedule 2, or Part 1 of Schedule 3 of MODA 1975, or to a precursor substance specified or described in Part 3 of Schedule 4 of that Act; and (ii) to believe that the use of the surveillance device would obtain evidential material in relation to the offence

Question 49

Bail application process

Answer 49

1. Application for bail must be made before a judge of the district court or high court by the defendant's counsel 2. O/C case should have forwarded instructions regarding bail to the prosecutor 3. If bail is opposed, full and detailed reasons for opposing bail should be given 4. The judge will then remand the defendant for a case review hearing date or whatever is considered appropriate

Question 50

Importation

Answer 50

In relation to any goods, means the arrival of the goods in NZ in any manner, whether lawfully or unlawfully, from a point outside NZ

Question 51

R v SAXTON

Answer 51

To import includes to introduce from abroad or to cause to be brought in from a foreign country

Question 52

Produces

Answer 52

Changing the nature of the original substance and manufacturing as creating a different or new substance from the original materials

Question 53

Manufacturing

Answer 53

Manufacturing is the process of synthesis; combining components or processing raw materials to create a new substance

Question 54

Ingredients for obstructs - s16 MODA 1975

Answer 54

Any person who 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