Prosecutions Flashcards
What category offences are Section 6 and 7 offences?
Section 6 are category 3 (and can elect trial by jury), and Section 7 are category 2 (and cannot elect trial by jury)
Procedure for charges heard together
If one charge is to be tried by Jury, then all charges must be tried by a Jury
Offences automatically prosecuted by the Crown
- s6(1)(b) or (2A), production or manufacture, or conspiracy to produce or manufacture meth.
- s10 aiding offences against corresponding law of another country corresponding to section 6, 9, 12A or 12AB
- s12C commission of offences outside NZ
Certain criteria to be met for other drug offences that the Crown will prosecute (Class A)
- over 5 times the presumptive amount for supply.
- there is evidence of large-scale dealing beyond the actual quantity seized
- substantial evidence derived from a surveillance device involving audio interception
How can large scale dealing be substantiated?
- admissions by defendant
- the amount and sophistication of equipment found in the defendants possession
- Volumes of precursors
- evidence of chemical purchases
- intercepted communications
Certain criteria to be met for other drug offences that the Crown will prosecute (Class B and C)
B:
- same as A, but more than 10 times presumptive amount
C:
- evidence of large scale commercial dealing
- substantial evidence derived from a surveillance device involving audio interception
How can large scale commercial dealing be substantiated?
- volume of drugs
- admissions
- intercepted comms
- significant cash holdings
- records of proposed sales
3 categories for cannabis cultivation - used for sentencing
Category 1 - growing small amount of plants for personal use without sale to another party
Category 2 - small-scale cultivation of cannabis plants for commercial purpose
Category 3 - large scale commercial growing, usually sophisticated
Category 3 will be Crown prosecution
