Questions

Question 1

What must the Crown prove in relation to importing?

Answer 1

1. The defendant knew about the importation.
2. The defendant knew the substance was a controlled drug.
3. The defendant intended to cause the importation.

Question 2

When is the offence complete for producing or manufacturing?

Answer 2

The offence is complete when the prohibited substance is created whether or not it’s in a useable form.

Question 3

Define cannabis preparations?

Answer 3

Defined in S29b MODA 1975;
Cannabis preparation is produced by subjecting cannabis to some kind of process that renders it unrecognizable as a plant e.g cannabis oil or cannabis cake.
It is for the prosecution to prove that the preparation to which the change relates contains THC.

Question 4

What must the prosecution prove for an offer?

Answer 4

• The communication of an offer to supply or administer a controlled drug (actus reus)
• An intention that the other person believes the offer to be genuine (mens rea)
• The defendant intended the other person to believe the offer, it is not necessary to prove that he could actually supply the drug.

Question 5

S6(5) MODA 1975

Answer 5

In the absence of evidence a drug supplied to a person over 18 years has been sold to that person.
This will require the defendant to prove on the balance of probabilities that there was no sale.

Question 6

What must the Crown prove for possession?

Answer 6

1. The defendant had knowledge the drug exists.
2. That the substance is a controlled drug.
3. Physical control over it.
4. An intention to possess it.

Question 7

How do you prove intent to supply?

Answer 7

1. Admissions
2. Circumstantial evidence (tick lists, money, scales, packaging)
3. Statutory presumptions

Question 8

Statutory presumption for supply?

Answer 8

If he or she has possession of the controlled drug and it’s a presumptive amount then it is presumed the drug is for supply.

Question 9

What is the statutory presumption if the drug is not specified in Schedule 5?

Answer 9

56grams

Question 10

What is the statutory presumption for methamphetamine?

Answer 10

5grams

Question 11

What is the statutory presumption for MDMA?

Answer 11

5grams or 100 tablets

Question 12

What is the statutory presumption for cannabis?

Answer 12

28grams or 100 cigarettes

Question 13

What must the Crown prove in S12A(1)?

Answer 13

1. The defendant supplied, produced or manufactured equipment, material or precursors.
2. That the items are capable of being used in the production, manufacture of drugs or cultivation of plants.
3. The defendant knows the items are to be used for an offence by another person.

Question 14

What must be proved in regards to ‘knowledge’?

Answer 14

That the accused knew the items were to be used in the commission of an offence.

Question 15

What activities does the term ‘supplying a drug cover’?

Answer 15

Distributing, giving or selling drugs

Question 16

What are the two elements the prosecution has to prove in relation to the offence of offering to supply?

Answer 16

1. The use of words to convey and offer.
2. The intention to make the other person believe the offer that has been made is real.
   The offender need not have the drugs nor intend to sell them to be guilty of the offence.

Question 17

What difference does age make to the offences involving Class C controlled drugs?

Answer 17

1. When the receiver is under 18, it is illegal to supply or administer or offer to supply or administer a Class C drug to them.
2. When the revived is over 18 years the only offences are sell or offering to sell a Class C drug.

Question 18

Mike has been charged with possession of 5grams of methamphetamine. List the four things to prove in relation to Mike’s possession of the drug?

Answer 18

1. Knowledge the drug exists.
2. Knowledge that it is a controlled drug.
3. Actually physical control or some degree of control over it.
4. An intention to possess it.

Question 19

What must the Crown prove in S12A(2) MODA 1975?

Answer 19

1. The defendant has equipment, material or precursors in his possession.
2. That those items are capable of being used in the production of manufacture of controlled drugs or the cultivation of illicit plants.
3. The defendant has the intention that those items are to be used for such an offence, either by himself or another person.

Question 20

In relation to an offence against S9 MODA 1975, what must you prove?

Answer 20

You must prove the identity of the suspect and that h cultivated a prohibited plant.

Question 21

What is the difference between the offence of obstruction SOA Act 1981 and MODA 1975?

Answer 21

The offence of obstruction under MODA is specific to obstructing anyone executing powers under that Act.

Question 22

Under S9(4) there is a defence to a charge of a prohibited plant. What is it?

Answer 22

The person charged proved that the prohibited plant is a species of Papaver somniferum (poppy seeds) and that it was not intended to be a source of a controlled drug nor that it was being developed as a straying from which a controlled drug could be produced.

Question 23

Rose owns a rural property. John, her son resides with her. John used the spare bedroom to grow cannabis, which he then supplies to the locals. Rose is aware of Johns illegal activities but does not have any involvement in his activities. What can Rose be charged with?

Answer 23

Rose can be charged under S12(1) as she knowingly permitted her premise to be used for cultivation and supply of cannabis.

Question 24

Describe the two different controlled deliveries?

Answer 24

A clean delivery where no drugs are left within the consignment.

A dirty delivery where an amount of the drug is left within the consignment to prove possession.

Question 25

Name the two main types of tracking devices?

Answer 25

Beacon and GPS

Question 26

You are part of a controlled delivery investigation that has installed a tracking device with a SDW. What is the time period in which it with needs to be removed or SDW obtained?

Answer 26

48hours

Question 27

You have arrested a local methamphetamine manufacturer who is in possession of 30kilos of pseudoephedrine. What schedule of MODA 1975 would you find pseudoephedrine?

Answer 27

Schedule 2, pseudoephedrine is a Class B controlled drug

Question 28

You are part of a controlled delivery investigations the targets have left with the consignment in the boot of a vehicle. Is it not practicable to obtain a SW for the vehicle. You have been directed to stop and search the vehicle. Explain what powers you can use to stop and search the vehicle?

Answer 28

Stop the vehicle under S121 S & S Act 2012 to exercise a power of search. Search for EM relating to the controlled delivery under S81 S & S Act 2012.

Question 29

What has been held by the Courts in relation to the protection of informers and occupiers of premises used for surveillance?

Answer 29

R v RANKINE- It’s in the public interest that nothing should be done to discourage members of the public providing information to the Police. The identification of informants and occupiers who allow their premise to be used for surveillance should be withheld.

Question 30

Name four key activities a telephone investigator should undertake in the first 24hrs of a major operation?

Answer 30

1. Pre loading phone data 2. TSP liaison 3. Draft a PO application early 4. Prove phone ownership

Question 31

Name 3 stages of clan labs?

Answer 31

1. Extraction 2. Conversion 3. Synthesis

Question 32

What is the definition of emergency in S135 Hazardous Substance and New Organisms Act 1996?

Answer 32

Actual or imminent danger to human health or safety or a danger to the environment or chattels so significant that immediate action is required to remove the danger.

Question 33

Name six symptoms that may result from clan lab exposure?

Answer 33

1. Nausea 2. Burning eyes 3. Burning skin 4. Coughing 5. Headaches 6. Shortness of breath

Question 34

Which drug offences are catergory 3 offences?

Answer 34

S6(1) a - f

Question 35

When can a defendants charged with a drug offence elect trial by jury?

Answer 35

Catergory 3 offence (punishable by 2yrs or more) trial by jury can be elected.

Question 36

What are the general time limits for filing charges related to drug offences?

Answer 36

Within 4 years of the offence being committed. Anytime for dealing, cultivating or aiding offences against corresponding law in another country.

Question 37

List the criteria that must be satisfied for an analysts certificate to be admissible at Court?

Answer 37

1. The chain of evidence is unbroken. 2. The material to be analyzed is not tampered with or contaminated. 3. The defence is aware of the analysis, the analyst certificate and is given notice of the analysis within specific timeframes to allow them to have reasonable time to prepare a defence.

Question 38

Name two common examples of instruments of crime in drug dealing cases?

Answer 38

1. A house used to manufacture methamphetamine. 2. A motor vehicle used to deliver drugs.

Question 39

S16 Bail Act 2000

Answer 39

A defendant who is charged with drug dealing offences can only be bailed by a judge.

Question 40

S17A Bail Act 2000

Answer 40

1. A defendant charged with Class A drug offences. 2. Aged 17 or 18years or over. 3. Cannot be granted bail unless the judge is satisfied. 4. The defendant must satisfy the judge on the balance of probabilities that they will not commit any drug defences of bail. 5. Covers S6 or 12C(1)(a)

Question 41

Procedures for bail applications

Answer 41

1. Bail application must be made before a judge. 2. O/C case should have forwarded instructions to the prosecutor, regardless if bail is opposed and bail conditions should always be outlined. 3. If bail is opposed, full and detailed reasons should be given. 4. The judge will then remand the defendant for case review hearing date or whatever is considered appropriate.