Prosecution

Question 1

Offences against S6 MODA 75 are what category and election type?

Answer 1

Category Three (Punishable by imprisonment 2 or more years) Note can elect jury

Question 2

Offences against S7 MODA 75 are what category and election type?

Answer 2

Category Two (Punishable of imprisonment less than 2 years) Not cannot elect jury.

Question 3

Describe S139 Criminal Procedures Act

Answer 3

Outlines the procedure if charges are to be held together. If one charge is to be tried by Jury then all charges must be tried by jury. Ie, Charge of Cultivates Cannabis (3) and Possess utensils (2) must all be tried by jury even though utensils is a category 2

Question 4

What drug offences are automatically prosecuted by Crown?

Answer 4

• S6(1)(b) MODA 75 or S2A MODA 75
• S10 MODA 75 aiding offences corresponding law of another country to 6,9,12A or 12AB MODA 75 78
• S12C MODA 78 Commission of offences outside NZ

Question 5

Other drug offences (Class A) will only be Crown prosecution if certain criteria is met. List these

Answer 5

• Presumption threshold is more than 5 times the amount (Large scale dealing)
• There evidence of large-scale dealing beyond the actual quantity seized
• Substantial evidence derived from SDW involving audio

Question 6

List substantial evidence to “Large-scale” dealing

Answer 6

• Admissions
• Amount of equipment and how sophisticated it is
• Volumes of precursors
• Evidence of chemicals purchased
• Intercepted conversations

Question 7

Other drug offences (Class B) will only be Crown prosecution if certain criteria is met. List these

Answer 7

• More than 10 times the presumptive threshold
• There evidence of large-scale dealing beyond the actual quantity seized
• Substantial evidence derived from SDW involving audio

Question 8

Other drug offences (Class C) will only be Crown prosecution if certain criteria is met. List these

Answer 8

• Evidence of Large-scale commercial dealing
• Substantial evidence derived from SDW involving audio

Question 9

For Prosecution purposes what are three categories of cannabis cultivation?

Answer 9

• Category 1 Growing a small number of cannabis plant for personal use and without any sale to another party or intended sale
• Category 2 Small scale cultivation of cannabis for commercial purpose. With object of gaining profit
• Category 3 Large Scale commercial growing usually with a degree of sophistication and organisation.

Question 10

Describe S28(a) MODA 75

Answer 10

Allows you to file charging at anytime for offences of dealing (S6) Cultivating (S9) and aiding offences against corresponding law in another country (S10)

Question 11

Describe S28(b) MODA 75

Answer 11

Describes limitation period of any other offences against the act or any regulations made under it, is FOUR YEARS after the date on which the offence was committed.