Short Answer Questions Flashcards
(22 cards)
What must be proved in any drug offence in relation to “guilty knowledge”
- the defendant knew about the drug offending
- the defendant knew the substance was a controlled drug
- the defendant intended to cause the drug offending
What must the Crown prove the defendant had in possession of drugs cases
- knowledge that the drug exists
- knowledge that it is a controlled drug
- some degree of control over it
- an intention to possess it
Drug importers will commonly use which 4 methods to bring drugs into NZ
1.have drugs concealed in or on their person or luggage
2.have another person (mule) bring drugs in for them
3.send or have drugs sent by international mail or courier
3.conceal drugs inside legitimate goods
(shipping container
What does Produce mean
- to bring something into being; or
- to bring something into existence from its raw materials or elements
What is Manufacturing
- the process of synthesis;
- combining components or processing raw materials to create a new substance
When is the offence of producing or manufacturing a controlled drug complete
Once the prohibited drug is created
whether or not it is in useable form
Explain the difference between administering and supplying
Administering involves introducing a drug directly into another person’s system
Explain selling
A sale occurs when a quantity or a share in a drug is exchanged for some valuable consideration.
Commonly money, anything of value will suffice.
Explain giving
Involves handing over or in some other way transferring an item to another person.
It is complete when the recipient accepts possession,
or where the drug is placed under the control of a willing recipient.
Explain distributing
Relates to the supply of drugs to multiple people.
It is complete when the defendant has done all that is necessary to accomplish delivery of the drug to others.
Explain supply
To furnish or provide something that is needed or desired.
It includes conferring on the recipient the ability to use the drugs for his or her own purposes.
Explain otherwise deals
It is aimed at dealing in a drug by some other means other than by distributing, giving or selling it, administering it or offering to supply or administer it
Offering to supply or administer.
The prosecution must prove two elements -
- 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 (mens rea)
Wilful Blindness
In terms of proving guilty knowledge what should you prove
That the defendant deliberately turned a blind eye to the facts will suffice
Proving useable quantity
Sec.29A MODA 75
While it is necessary that the amount of the controlled drug is of a useable quantity, under Sec.29A it is not necessary for the prosecution to prove the fact unless the defendant puts the matter in issue.
For charges under Sec.12A(1) the Crown must prove 3 elements
- the defendant supplied, produced or manufactured equipment, material or precursors
- those items are capable of being used in the production or manufacture of controlled drugs, or cultivation of prohibited plants
- the defendant knew those items were to be used for such an offence by another person
For charges under Sec.12A(2) the Crown must prove 3 elements
- the defendant has equipment, material or precursors in his possession
- those items are capable of being used in the production or manufacture of controlled drugs, or cultivation of prohibited plants
- the defendant has the intention that those items are to be used for such an offence, either by himself or another person
Proving intent in drugs cases.
Intent to supply may be inferred from:
- admissions
- circumstantial evidence ($, scales, tick-list etc)
- statutory presumption under Sec.6(6)
What 4 key activities should the telephone investigator undertake in the first 24 hours of a major operation
- Trapping or pre loading phone data.
- TSP liaison.
- Draft s/warrant app. early
- Execute s/warrants daily
Deliver of drug exhibit Sec.31(2)
What are the 2 methods of delivering a drug exhibit to ESR so that certificate evidence can be used
- 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 courier - with signature required, sealed package to employee authorised by analyst in charge of laboratory.
Method of Service
The copy of the certificate & written notice that the analyst will not be called:
- can be delivered to member of the defendant’s family or solicitor
- must be 7 days before hearing
- must be proved to have been served (constable’s endorsement or oral evidence)
Protection of CHIS identity and information
Sec.64 Evidence Act 2006
Section 64 - grants privilege to informers that protects their identity & extends to information that is likely to disclose that identity.
