What category are offences against S6 of MODA?
Category 3
What category are offences against S7, possession, MODA 1975?
Category two
What drug offences are automatically prosecuted by the crown?
- S6(1)(b) produce or manufacture or 2(a) conspiracy to produce or manufacture meth.
- s10 aiding offences against corresponding law of another country (s6, 9, 12a or 12AB)
- s12c commission of an offence outside of NZ
What criteria need to be met for a crown prosecution for s6(1) or 2A class A controlled drugs?
- quantity is 5 times the presumption threshold
- evidence of large scale dealing beyond the quantity seized
- substantial evidence derived from a SD involving audio interception
Large scale dealing under the crown prosecution regulations 2013 is qualified as what?
5 times the presumptive threshold
Large scale dealing, beyond the drugs seized, may be substantiated by?
- admissions
- amount and sophistication of equipment in defendants possession
- volumes of precursors
- evidence of chemical purchase
- intercepted communication
- significant cash holdings
- supply lists and records kept by the defendant
- evidence of co-offenders, informants
- evidence suggesting a continuing course of conduct
What is the criteria for crown prosecution of class B controlled drugs S6(1) or 2A?
- 10 times the quantity of presumptive threshold
- evidence of large scale dealing beyond the quantity seized
- substantial evidence derived from a SD audio interception
What are the categories of cannabis cultivation?
1 - small number of plants for personal use
2 - small number of commercial plants with the object of deriving profit
3 - large scale commercial growing
Large scale commercial cultivation may be substantiated by?
- volume of cannabis found
- evidence of an extensive ongoing operation with crop rotation
- evidence of extensive crop yields
Section 28 of MODA 1975 sets down statutory limitations to filing charges, what are they?
- No time limit for drug dealing (s6) and cultivation (s9) and aiding offences against corresponding law in another country (s10)
- 4 years for any other offence
What are the bail restrictions under section 16 &17A of the bail act 2000 in relation to drug dealing offences?
- only be issued by district court judge or higher
- in the case of class A drug dealing offences (including an attempt) there is reverse onus for bail.
What procedures must be followed to allow analysis evidence certificate hand up, rather than having to give oral testimony in court?
- the chain of custody is unbroken
- the material to be analysed is not tampered with or contaminated
- the defence is aware of the analysis and the results and is given reasonable time to prepare a defence
How would you prove chain of custody procedures for drug samples have been followed?
- The packaging, (the standard drug envelopes) are sealed and labeled correctly, signing the seal.
- quote the registered arrival number and other details of the registered mail if sent via courier.
- produce the receipt of its delivery at ESR.
- statement from the officer who delivered it to ESR.
The two methods of delivering drugs for analysis to ESR as stated in section 31 MODA 1975 are?
- in person to the analyst or person authorised by them to receive it.
- by registered post or courier post with signature required.
If delivering drugs to ESR you must get what?
- name of the person who signed the certificate upon receipt of the exhibit
- receipt signature on the POL 143 form
- evidence of the Police member who delivered the drug to ESR.
What are the time frames for giving the defendant a copy of the analyst certification and notice they will not be called?
- disclosure made 7 days before the hearing, including the intent not for the evidence to be hand up.
- defence has to give notice in writing 3 days before the hearing that they do not accept the certificate and wish the analyst to be called as a witness.
The drug analyst certificate will be admissible in court only if?
- the defence is given the certificate 7 days before the hearing and informed they will not be called as a witness
- the defence does not give written notice they wish the analyst to be called 3 days before the hearing
- the court does not request the oral evidence of the analyst
