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SGT Sharpe suggests (LAW) > 1 COPY > Flashcards

1 COPY Flashcards

1
Q

Child or young person at risk of significant harm. What act and section gives you the deffinition

What is said definition

A

children and young persons protection sct 23

  • Physical or psychological needs not being met or at risk of not being met
  • Parent or care giver not arranging medical care
  • Parent or care giver not arranging school
  • has been or at risk of being sexually or physically abused
  • psychological affects of seeing domestic violence
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2
Q

Mandatory reporting of a child at risk of harm

A

children and young persons protection sct 27

(1) Outlines who what a duty to report (includes law enforcement)
(2) Outlines when it must be reported ( where we SORG the child is at risk of harm throughout our work duties)

(3)

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3
Q

What are the differing types of child abuse and/or neglect?

A

physical
sexual
psychological/ Emotional
neglect

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4
Q

Removal of children and young persons without warrant. Section and criteria.

A

Children and Young Persons Protection act sct 43

  • Immediate risk of serious harm
  • An AVO will not help

In a public place

  • Need for care and protection
  • No supervision of a responsible adult
  • Living in or frequenting a public place

Places with prostitution or child exploitation

  • Is in need for care and protection
  • Present at a place where there has been prostitution / child prostitution or where people are used for producing child abuse material
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5
Q

Relevant concepts of Assault

A
  • Recklessness
  • Criminal Liability
  • Temporal Coincidence
  • Mens rea and actus reus
  • Legal defences to assault
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6
Q

Define Assault

A

Any act committed either intentionally or recklessly that threatens another person with immediate and unlawful violence.

It is not necessary for actual physical harm to be inflicted.

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7
Q

examples of assault

A
  • Advance towards someone with a clenched fist (threats)
  • Using a dog as a weapon
  • Non-consenting kiss
  • Spitting on a person
  • Striking a horse causing the rider to fall
  • Pointing an unloaded/loaded firearm or toy pistol
    (if the victim believes it to be a pistol/taser)
  • An unlawful arrest
  • Excessive force
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8
Q

Assault occasioning actual bodily harm

A

Crimes act 1900 s 59

  • The Accused
  • Assaulted
  • A person
  • Occasioning actualbodily harm
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9
Q

What constitutes proper entry PAPO

A

PAPO

Notice of your PRESENCE (knocking)

Notice of your AUTHORITY (this is the police)

Notice of the PURPOSE / cause (reason for demanding entry

OPORTUNITY to comply

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10
Q

Requirements for forced entry to be legal. (PAPO)

A
  1. Notice of your presence - knocking
  2. Notice of your authority - its the police
  3. Notice of cuase or purpose -
  4. Oportunity to comply
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11
Q

S27 Crimes (domestic and personal violence act 2007)

A

Obligation of police to make and application of a provisional order

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12
Q

S49 Crimes (domestic and personal violence act 2007) What the section heading is and what the two sub points are.

A

Circumstance in which police must make an application for an order.

A DV offence is occuring / likely

Offence against a child (child and yound person protection act )

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13
Q

What does DVEC stanf for?

How is the electronically recorded victim statement used?

A

Domestic violence evidence in cheif

It is used as the DVEC

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14
Q

Examples of Personal Violence Offences

A

Assault

Property Damage

B&E

Intimidation

Stalkiing

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15
Q

Formula for a DVO

A

DVO = PVO + DR

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16
Q

DVSAT Stands for what

A

Domestic Violence Safety assessment tool

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17
Q

What is acting in concert

A

An agreement of 2 or more people to commit an offence together (common purpose)

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18
Q

Assault occasioning actual bodily harm. Section and elements.

A

Crimes act s 59

  1. The accused
  2. Assaulted (recklessly or intentionally + without lawful excuse)
  3. A person
  4. Occasioning actual bodily harm
19
Q

Common assault

A

Crimes act s61

  1. The accused
  2. Assaulted (recklessly or intentionally + without lawful excuse + without consent)
  3. A person
20
Q

Reckless grievous bodily harm or wounding. Section and elements.

A

Crimes act 1900 s 35

  1. The accused.
  2. Wounds any person, and
  3. Is reckless as to causing to that or any other person.
21
Q

Affray (think afraid).

Section and elements.

A

Crimes act s 93c ( 93 c in my pants I will pee )

  1. A person uses or threatens to use violence towards another person
  2. Person of reasonable firmness present would fear for their safety
22
Q

Riot

A

Crimes act s 93B

  1. 12 or more people
  2. Used or threatened to use violence (common purpose)
  3. Reasonable firmness person would cack there dacks
23
Q

Dr E ALPINE`

A
  • Duty Officer and supervisor to be notified
  • Respectful and supportive of the victim
  • Ensure the victim’s immediate safety
  • Assess and attend to urgent medical needs including Sexual Assault Investigation Kit (SAIK) and/or Early Evidence Kit (EEK)
  • Liaise with criminal investigation staff
  • Privacy of the victim
  • Identify and secure any primary/secondary crime scene and/or other forensic evidence
  • Notebook entry
  • Encourage the victim not to change
24
Q

Break enter and commit SIO / Break out

Sections and elements

A

Crimes act s112 (a)

The accused

Breaks

Enter

Dwelling house or other building

Commits serious indictable offence

s112 (a)

The accused

Enters

Dwelling house or other building

Breaks out

25
Q

Steal from dwelling

A

Crimes act s 148

The accused

Steals

property

in a dwelling house and carries it out of such a dwelling house

26
Q

Larceny Section and elements

A

Crimes act s117 (punishment for larceny)

The accused

without consent

without legal claim of right

took and carried away

property belonging to another

with intent to permanently deprive

fraudulently

27
Q

Larceny as a bailee

A

Crimes act s125

The accused

Possesses property as a bailee

Takes or converts property for their use or the use of another

Act fraudulently

28
Q

Take conveyance without consent

A

Crimes act s 154a

The accused

without consent

Takes and drives conveyance

Or knowing it is stolen allows them self to be driven in conveyance

29
Q

Steal Motor vehicle

A

Crimes act s 154F

The accused

steals (elements of larceny)

Motor vehicle, vessel or trailer

30
Q

Goods in custody

A

Crimes act S 527c

Reasonable suspicion attached to the goods

The accused

Has any thing in their custody

Has a thing in the custody of another person

Has a thing on premises

Gives anything to another (which may be reasonably suspected of being stolen)

31
Q

Receiving stolen goods

A

Crimes act s188

The accused

Receives, disposes of or attempts to dispose of stolen property

The stealing amounts to a SOI

The accused knew it was stolen

32
Q

Posses prohibited drug

A

Drugs misuse and trafficking act 10

  • accused
  • had in their possession
  • a prohibited drug
33
Q

Admixtures

A

Drugs misuse and trafficking act s4

If a prohibited drug is combined with any admixture, the total amount seized will be calculated in full.

34
Q

Supply prohibited drug

A

Drugs Misuse and Trafficking act S 25

35
Q

Meaning of domestic relationship

A

Crimes domestic and personal violence act s5

Married to or has been, or

De facto or has been, or

Has / had an intimate relationship with the other person, whether or not sexual

living / lived in the same house

living / lived as a long-term resident in the same residential facility as the other person and at the same time as the other person (not being a facility that is a correctional centre dd

36
Q

Dwelling house vs Premises

A

Dwelling 1. Any building or other structure intended for occupation as a dwelling and capable of being so occupied, although it has never been so occupied,

  1. Boat or vehicle

Premises includes any building, structure, vehicle, vessel or aircraft and any place, whether built on or not.

37
Q

Four types of ADVO

A

Provisional

Interim

Non-urgent

Final

38
Q

Provisional AVO

Where is the obligation to apply?

When is it in force?

A

Crimes (Domestic and Personal Violence) Act 2007 (NSW), Section 27

immediately

39
Q

Criteria for the men’s counselling service

A

Not for male defendants under the age of 18

Not for male defendants where the victim is under 16

police to send the service the charge sheets and defendants reaction

40
Q

Personal Violence offences IBADGASO

A

Intimate images

Breach AVO

All manner of assaults

Damage to property

Guns

Attempts at all these things

Stalking and intimidation

Other offence

41
Q

3 circumstance in which we must take out an AVO

A
    1. Stalking
  2. Child abuse
  3. DV
42
Q

Why do we use the DVSAT?

A

To assess the future threat of harm

43
Q

Crimes act s118

A

Intention to return property is no defense

44
Q

7 Fraud (obtain benefit by deception)

A

S192E

  • The accused
  • Uses deception
  • Dishonestly obtains property belonging to another or obtains financial advantage or causes financial disadvantage

SGT Sharpe suggests (LAW) (2 decks)

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