Questions 03 Flashcards
Conspiracy if done in another country
section 6(2A) MODA75 Where there is a conspiracy to import controlled drugs into NZ and the agreement or unlawful acts are carried out in foreign territory, there may be a problem regarding jurisdiction.
It will be necessary to prove that the defendant had done something to complete the conspiracy in NZ for the offence to come within the jurisdiction of the NZ courts.
In R v Johnston the Court of Appeal held that the used of the NZ Customs and postal service by the conspirators in posting cannabis resin from England to NZ was sufficient to bring the matter within the jurisdiction of the NZ courts.
R v Greenfield reinforced that the offence of conspiracy turns on the agreement and does not necessitate any further involvement in the commission of the crime. The conspiracy is complete once the agreement has been made.
In R v Lambert the Court held that there can be a conspiracy between two people, that one
will supply the other.
Defence to s9 MODA75
Cultivation of prohibited plants
S9(4) MODA75. It shall be a defence to a charge under subsection (1) of this section if the person charged proves that the prohibited plant to which the charge relates was of the species Papaver somniferum, and that it was not intended to be a source of any controlled drug or that it was not being developed as a strain from which a controlled drug could be produced.
Ingredients of allowing premises
Section 12 MODA75.
- Every person commits an offence against this Act who
- 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.
Ingredients of obstructs
Section 16 MODA75.
Every person commits an offence agianst 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.
Difference in obstruction in Summary Offences Act and MODA75
The offence of obstruction in the MODA relates specifically to obstructing anyone who is
executing powers pursuant to the MODA75.
Section 11 Health Regulation 98 - relating to offering, accepting, disposing of needles and syringes
Section 11 Health (Needles and Syringes) Regulations 98.
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.
Ingredients for 12A MODA75.
Equipment, material, and substances used in production or cultivation of controlled drugs
(1) Every person who supplies, produces, or manufactures-
(a) Any equipment or material that is capable of being used in, or for, the commission of an offence against section 6(1)(b) or sectino 9; or
(b) Any precursor substance knowing that the equipment, material or substance is to be used in, or for the commission of an offence against those provisions.
(2) Every person who has in his or her possession-
(a) Any equipment or material that is capable of being used in, or for, the commission of an offence against section 6(1)(b) or s9; or
(b) Any precursor substance with the intention that the equipment, material, or substance is to be used in, or for, the commission of an offence against that provision.
Term equipment and 4 examples
The term equipment is not defined by statute, but will include the implements, apparatus and other hardware used in the manufacturing, producing or cultivating process.
Examples may include: glassware condensers heating mantles etc used in the manufacture of meth pots lights timers water pumps etc used in cultivating cannabis.
What is a controlled delivery?
A controlled delivery occurs when a consignment of illicit drugs 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.
This could also incorporate couriers caught body packing or traveling with drugs concealed within their luggage.
Option 1 for controlled deliveries
A clean controlled delivery, where no drugs are left within the consignment. This eliminates any risk of the drugs being lost, but also 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.
Option 2 for controlled deliveries
Leave an amount of the drug within the consignment to enable the option of charging an offender with a possession for supply charges 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 drugs still in it requires greater security, and recovery on termination is paramount.
