Short Answer Qs Flashcards
(37 cards)
Define “controlled drug”
A controlled drug means any substance, Preparation, mixture or article specified or described in schedule 1, scheduled 2 or schedule 3 to this act and includes any controlled drug Analogue.
R vs Rua case law
The words produce or manufacture in section 6(1)(b) broadly cover the creation of controlled drugs by some form of process which changes the original substances into a particular controlled drug
Does a CHIS have to be named in a warrant
R v McGINTY
Disclosure of the identity of alleged informants was not required under the act, and the trial judge was correct in deleting from the application certain parts which would have been likely to lead to the identification of the informant. However the judge was entitled to insist on disclosure if he saw fit.
Is it possible to be charged with attempted possession? Use case law
Police v Jay
Held that the commission of the offence of receiving cannabis was not legally impossible although in the circumstances it was factually impossible. As the respondent had criminal intent and did an act for the purpose of accomplishing his object he was guilty of an intent to commit an offence.
What is a controlled delivery?
A controlled delivery occurs when a consignment of illicit drugs is detected often concealed in some other goods and 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 or exportation.
In relation to importing when is someone liable and when does liability cease?
Criminal liability arises as soon as the drugs cross New Zealand’s border and an importer made therefore be convicted under section 6(1)(a) even if the drugs and intercepted by customs and never reach the address.
however defence does not end at the border the process of importation continues with the goods in transit and only concludes when they have reached their final destination and are available to the consignee.
What must be proved for importation?
The crown must prove not only that the defendants conduct in someway contributed to the actual importation of the drug and must also prove the defendant guilty knowledge this will involve:
- proof that the defendant knew about the importation and
- knew the imported substance was a controlled drug and
- intended to cause the importation.
Proving age? Case law
R v Forrest and Forrest
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age.
E.g a birth certificate and a statement from somebody who was there at birth to verify it.
Criteria for issuing a surveillance device warrant?
There are reasonable grounds to suspect that an offence has been committed or has been committed will be committed and respect and watch this at all or any enactment specified and come to the schedule authorises in Forseman officer to apply for a warrant to enter premises for the purpose of obtaining evidence of a suspect the fence and to believe that the pros propose use of the surveillance device will obtain information as evidential material in respect of the fence and the restrictions in section 45 do not prevent.
List the four points for unplanned entry to a clan lab
Immediately remove persons of interest from the premises.
Isolate the site and maintain a safer perimeter
Preserve the crime scene.
Notify the duty inspector or duty NCO contact National clan lab team and when appropriate the fire service and ambulance
Seek advice from a national clan lab team member about any contamination issues
Seek medical advice if you experience any adverse affects
Section 16 of the bail act
A defendant who is charged with or convicted of a drug dealing offence may only be granted bail: (a) in any case by order of a High Court judge (b) if the defendant does not have any previous convictions for a drug dealing offence by order of a district court judge.
Points to consider when profiling the address of a controlled delivery
Previous occupiers Real person or false name Connections to delivery address Relevant convictions/noting/associations Travel/connections to country of origin Bank accounts large deposits overseas transfers
Signs of a clan lab
Outside:
Chemical owners coming from the building rubbish or detached buildings. The owners can be sweet better ammonia or someone smells
Exhaust fans running at all times
Frequent visitors at all hours
Windows black and out of curtains always drawn
People coming outside of major smoke
Occupants unfriendly, appear secretive about their activities, exhibit paranoid or old behaviour
Expensive security and surveillance gear
Access denied to Landlord‘s neighbours or other visitors
Rubbish containing a large amount of cold medication, boxers containers with labels removed.
Inside:
Laboratory glassware, equipment and documents
Containers with clear liquids in them with a chocolate coloured solid on the bottom
Containers with two late liquids in them one dark coloured liar and one clear all pale yellow later
Used coffee filters containing either a white pasty or reddish brown substance
Baking dishes or someone containing a white crystalline substance
The presence of hotplates need chemicals
Evidence to look for in a search warrant involving controlled deliveries
Track and trace receipts, correspondence, computers faxes and sell phones, emails, contactless numbers, packaging from previous amputations, money and financial records, scales and packaging etc in relation to supply charges, PO Box documentation, travel documentation, passports
What is the difference between produce and manufacture
Producing can be described as changing the nature of the original substance and manufacturing is creating a different substance from the original materials
When is the offence of manufacturing complete?
The fence is complete once the prohibited substance is created, whether or not it is in a usable form.
Two methods of delivery of drugs to ESR?
- In person to the analyst who is to issue the certificate or to Personal authorised by the analyst to receive it.
- By registered post or by Corya post with signature required in a sealed package turn employee who has been authorised by the analyst in charge at the Laboratory.
R v Strawbridge
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 believes on reasonable grounds that her act was innocent, then she is entitled to be acquitted unless the jury is satisfied beyond reasonable doubt that this was not so.
R v During
An offer is an intimation by the person charged to another that he is ready on request to supply to the other drugs Of a kind prohibited by statute.
What was held in R v Brown
The defendant is guilty in the following circumstances;
Office to supply a drug that he has on hand.
Office to supply a drug that will be procured at some future date.
Office to supply a drug that he mistakenly believes he can supply.
Office to supply a drug deceitfully knowing he will not supply that drug.
Three things to prove in relation to guilty knowledge
The defendant knew about the importation and
Knew the important substance was a controlled drug and
Intended to cause the importation.
What are the three offences under regulation 11 of the health regulations act 1998
Offers to any other person for use by that other person are used needle or used syringe or
Accepts or uses are used needle or use a syringe or
Disposes of a needle or syringe in a public place
What are the ingredients for the offence of supply of Class c to a person under 18 years old?
Suppliers and ministers or office to supply or administer
Any controlled drug
To a person under the age of 18 years old
What are the ingredients for allowing premises?
Every person commits an offence against this act and only 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
