Bullring Memory

Question 1

What can a Crime Scene Warrant be applied for?

Answer 1

(a) a serious indictable offence, or
(b) an offence that is being, or was, or may have been, committed in connection with a traffic accident that has resulted in the death of or serious injury to a person.

Question 2

Circumstances of Aggravation for Sexual Touching/Sexual Act

Answer 2

CCAP

(a) the accused person is in the company of another person or persons, or
(b) the complainant is (whether generally or at the time of the commission of the offence) under the authority of the accused person, or
(c) the complainant has a serious physical disability, or
(d) the complainant has a cognitive impairment.

Question 3

Aggravating Circumstacne of Robbery

Answer 3

CAD

(a) the alleged offender uses corporal violence on any person,
(b) the alleged offender intentionally or recklessly inflicts actual bodily harm on any person,
(c) the alleged offender deprives any person of his or her liberty.

Question 4

List five conditions items in the Acknowledgement of Conditions Form to be signed by sources

Answer 4

My relationship with the NSW Police Force is the gathering of information will not protect me from the prosection if the commit an unlawful act.

The responsibility of the NSW Police Force extended only to the acts by me which are expressly authorised by the poilice.

I am aware that the NSW Police Force will make every effort to protect my identity as a Source during the course of Court Proceedings, however I understand the court may exercise dirscretion and disclose my identity.

That as a Source i am not an agent or employee of the NSW Police Force.

The restrictions placed upon my contact with the authorised handler or officers have been explained to me.

Question 5

What is a “reportable death’ and where is it definded?

Answer 5

Section 6 Coroners Act

(1) For the purposes of this Act, a person’s death is a
“reportable death” if the death occurs in any of the following circumstances–

(a) the person died a violent or unnatural death,
(b) the person died a sudden death the cause of which is unknown,
(c) the person died under suspicious or unusual circumstances,
(e) the person died in circumstances where the person’s death was not the reasonably expected outcome of a health-related procedure carried out in relation to the person,
(f) the person died while in or temporarily absent from a declared mental health facility within the meaning of the Mental Health Act 2007 and while the person was a patient at the facility for the purpose of receiving care, treatment or assistance under the Mental Health Act 2007 or the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 .

Question 6

What is LEPRA section 99(1)(b)
FINECHAPS

Answer 6

F- to stop the person fleeing from a police officer or from the location of the offence
I - to enable inquiries to be made to establish the person’s identity if it cannot be readily established or if the police officer suspects on reasonable grounds that identity information provided is false
N - because of the nature and seriousness of the offence
E - to preserve evidence of the offence or prevent the fabrication of evidence
C - to ensure that the person appears before a court in relation to the offence,
H - to prevent the harassment of, or interference with, any person who may give evidence in relation to the offence
A - to stop the person committing or repeating the offence or committing another offence
P - to obtain property in the possession of the person that is connected with the offence
S - to protect the safety or welfare of any person (including the person arrested)

Question 6

What case law defines “Reckless” in respect to Reckless GBH?

What 2 part test should be applied?

Answer 6

Blackwell v. R (2011)

In order to be reckless it must be shown that the accused:

1) Actually turned their mind to possibility that the relevant action may cause GBH and,
2) Did the act anyway

Question 7

Crime Scene Powers under S95 (W/WARRANT)

Answer 7

M-P
RADS

m) seize and detain all or part of a thing that might provide evidence of the commission of an offence,
(n) dig up anything at the crime scene,
(o) remove wall or ceiling linings or floors of a building, or panels of a vehicle,
(p) any other function reasonably necessary or incidental to a function conferred by this subsection.

Question 8

What are the operation names for a Land search and a Marine seach

Answer 8

LandSAR (Rescue and Bomb Squad)
MarineSAR (Marine Area Command)

Question 9

Aggrivating Circumstance Break and Enter

Answer 9

(a) the alleged offender is armed with an offensive weapon, or instrument,
(b) the alleged offender is in the company of another person or persons,
(c) the alleged offender uses corporal violence on any person,
(d) the alleged offender intentionally or recklessly inflicts actual bodily harm on any person,
(e) the alleged offender deprives any person of his or her liberty,
(f) the alleged offender knows that there is a person, or that there are persons, in the place where the offence is alleged to be committed.

Question 10

What are the elements of the “Doctrine of Recent Possession

Answer 10

1. The property is stolen.
2. The accused had possession of the property.
3. The possession was recent to the actual theft.
4. There is no credible expanation consistent with te accused’ innocence.

Question 11

What are the defences to common assault

Answer 11

Lawfull correction / chastisement - smacking a child on the bootom so as to not leave a mark, that causes short term discomfort, not using an object and not to the head or neck.

Self defence or self defence of another - protecting a person from harm that is imminent i.e. subduing an assault offender with no more force than necessary.

Defenece of property - stop a person damaging proprty by restraining the person.

Lawfull arrest - Restrainin/detaining a person for an offence.

Medical examination - Medical Practitioner conducting internal examination on sexual assault victim.

Taking of blood samples (medical procedure) - insertion of needles into body to obtain blood

Physical force when consented to - contact sport

Question 12

SAIK Time Frames and Considerations

Answer 12

Generally 72 Hours

• Showers
• Eat + Drink or Smoking
• Change of Clothing

Question 13

What is a searchable offence?

Answer 13

(a) means any of the following—
(i) an indictable offence,
(ii) a firearms or prohibited weapons offence,
(iii) a narcotics offence,
(iv) a child abuse material offence,
(v) an offence involving a thing being stolen or otherwise unlawfully obtained,
(vi) a computer offence, and
(b) if the warrant is a covert search warrant—means a serious offence, and
(c) if the warrant is a criminal organisation search warrant—means an organised crime offence.

Question 14

Cirumstance of Aggravation for Sexual intercouse / Sexual Act - Child between 10 and 16

Answer 14

(a) at the time of, or immediately before or after, the commission of the offence, the accused person intentionally or recklessly inflicts actual bodily harm on the complainant or any other person who is present or nearby, or

(b) at the time of, or immediately before or after, the commission of the offence, the accused person threatens to inflict actual bodily harm on the complainant or any other person who is present or nearby by means of an offensive weapon or instrument, or

(c) the accused person is in the company of another person or persons, or

(d) the complainant is (whether generally or at the time of the commission of the offence) under the authority of the accused person, or

(e) the complainant has a serious physical disability, or

(f) the complainant has a cognitive impairment, or

(g) the accused person took advantage of the complainant being under the influence of alcohol or a drug in order to commit the offence

(h) the accused person deprives the complainant of his or her liberty for a period before or after the commission of the offence, or

(i) the accused person breaks and enters into any dwelling-house or other building with the intention of committing the offence or any other serious indictable offence.

Question 15

After every contact by a Source, what do you need to do?

Answer 15

Contact Advise Report (CAR)

Question 16

What are the aggravating circumstances for Sexual Assault

Answer 16

(a) at the time of, or immediately before or after, the commission of the offence, the accused person intentionally or recklessly inflicts actual bodily harm on the complainant or any other person who is present or nearby, or

b) at the time of, or immediately before or after, the commission of the offence, the accused person threatens to inflict actual bodily harm on the complainant or any other person who is present or nearby by means of an offensive weapon or instrument, or

(b1) at the time of, or immediately before or after, the commission of the offence, the accused person threatens to inflict grievous bodily harm or wounding on the complainant or any other person who is present or nearby, or

(c) the accused person is in the company of another person or persons, or

(d) the complainant is under the age of 16 years, or

(e) the complainant is (whether generally or at the time of the commission of the offence) under the authority of the accused person, or

(f) the complainant has a serious physical disability, or

(g) the complainant has a cognitive impairment, or

(h) the accused person breaks and enters into any dwelling-house or other building with the intention of committing the offence or any other serious indictable offence, or

(i) the accused person deprives the complainant of his or her liberty for a period before or after the commission of the offence.

Question 17

What are the condition of seizure powers under Ghani v. Jones

Answer 17

1. a serious offence has been committed - so serious that it is the first importance that the offenders should be caught and brought to justice
2. is material evidence to prove the commisson of the crime.
3. refusal must be quite unreasonable
4. must not keep the article, nor prevent its removal, for any longer than is reasonably necessary
5. The lawfulness of the conduct of the police must be judged at the time, and not by what happens afterwards

Question 18

What are some Case Law regarding Poessession?

Answer 18

R v. Filippetti (1978)
R v. He Kaw Teh

Question 19

What are the conditions of searching someone under LEPRA 21

Answer 19

(a) the person has in his or her possession or under his or her control anything stolen or otherwise unlawfully obtained,

(b) the person has in his or her possession or under his or her control anything used or intended to be used in or in connection with the commission of a relevant offence,

(c) the person has in his or her possession or under his or her control in a public place a dangerous article that is being or was used in or in connection with the commission of a relevant offence,

(d) the person has in his or her possession or under his or her control, in contravention of the Drug Misuse and Trafficking Act 1985, a prohibited plant or a prohibited drug.

Question 20

What are the Timeouts in accordance with s.117

Answer 20

(K.F.C F.A.B.R.I.C W.I.M.P)

K - Any time waiting for person prescribed by regulations whose particular knowledge or skills are necessary
F - Carry out Forensic Procedure
C - Communicate with friend/family, independent person, legal practitioner or consular offical
F - Waiting for facilities relating to Electronic recording or admissions
A - Recovery from alcohol or drugs
B - Breath test/analysis or urine sample
R - Resting, refreshments or use toilet
I - Identification parade arranged and coducted
C - Charging produce
W - prepare, make and dispose of detention warrant or application for crime scene/search warrant
I - Interpreter (In person or phone)
M - Receive medical attention
P - Convey to nearest premises where facilities are available

Question 21

Categories of immunity for documents subpoenaed

Answer 21

CARWORM W P COUSINS

1. Contain sensitive Police intelligence
2. Any statements provided only on the condition that the contents would be disclosed
3. Relate to an ongoing investigation and jeopardise the safery of participants in those investigations
4. Would affect the security, discipline or good oder of a correctional centre
5. Other angencies materials i.e. ASIO, AFP, FBI etc
6. Reveals Police methods, equipment or techniques not known to the public
7. Might create a risk of domestic strife by encouraging the commisson of offences against the laws of the state
8. Disclose the identity or whereabouts of a witness (including witnesses and their families under the protection of Witness security Program which is immune from disclosure by Statute)
9. Disclose the location of covert Police premises or a surveillance site
10. Disclose the identity of a participant in Controlled Operation
11. Documents containing details which if they became pubilcly known, might facilitate the commission of other offences to allow offenders avoid detection
12. Disclose the identity of an undercove operative (also immune from disclosure)
13. Discloses the sexual history of a complainant or witness
14. Disclosing the identity of a Police Informer, witness or community source
15. Deal with National Security

Question 21

Conditions for Establishment of Crime Scene Section 91 LEPRA

Answer 21

(1) A police officer may establish a crime scene on premises in any way that is reasonably appropriate in the circumstances.

(2) A police officer who establishes a crime scene must, if reasonably appropriate in the circumstances, give the public notice that the premises are a crime scene.

(3) A crime scene may not be established under this Part on the same premises more than once in a 24 hour period unless a crime scene warrant is obtained in respect of the second and any subsequent occasion.

Subsection (3) does not prevent a subsequent crime scene being established on the same premises in a 24 hour period for the purposes of investigating a separate offence that is not related to the offence in respect of which the initial crime scene was established.

Question 22

What typical cirumstances/feature of a premises would you consider and utilise when applying for a Drug Premises Warrant

Answer 22

F - Fortified, preventing access to premises or modified (blacked out windows, light on at all times, bypassed electricity)
O - Observations of people coming and going and appearing drugs affects/vehicles attending at odd times
S - Syringes or Drug Paraphernalia found around premises
I - Intelligence relating to drug activity
L - Premises have security devices, alarms or warning lights

Question 23

What rewards are available to a source

Answer 23

Monetary reward by application to REAC (rewards evaluation and advisory committee) through the Source System, taking into account assistance already provided and working expense monies already paid to the Source Affidavit of Assistance prepard for a sentencing court, submitted and approved through a Local Area Commander or Squad Superintendent, strictly confined to details of the assistance provided by the source

Question 24

Non-suspicious Missing Persons investigation maximum time frames

Answer 24

**Immediately** - Missing Persons report taken. Began active attempts to locate the MP. **One week** - Event becomes a case. DNA and potential fingerprints should be obtained. **Two weeks** - Relevant RFI/Ask checks (Banks, phone). Commence dental,medical records, forwarded to Missing Persons and victim system Four weeks - Must be with experienced Investigator **Six weeks** - Case becomes e@gle.i with inv. Plan **Three months** - All evidence to ID MP should have been gathered. Sign of life check. InterPol Disater Victim Identification (DVI) and Ante Mortem (AM) from MPR **Six months** - Reconduct Signs of Life check. MPR to conduct review. **Nine Months** - Coroners brief to be forwarded to MPR. **Twelve Months** - Brief of evidendce to be submitted via Coronial Law Unit.

Question 25

What are the conditions of searching a vehicle under LEPRA 36

Answer 25

a) contains, or a person possessing or under their control, **anything stolen/unlawfully obtained,** b) is being or **may have been used** c) or **contains anything used** or intended to be used in connection with the commission of a relevant offence. d) is in a public place or school and contains a **dangerous article** that may have been, used connection with the commission of a relevant offence, e) contains, or a person poessessing, a **prohibited plant or prohibited drug** in contravention of the DMTA, F) cirumstances exist on or in the vicinity of a **public place or school** that are likely to give rise to a **serious risk to public safety** and that the exercise of the powers may lessen the risk

Question 26

What does the coroner attempt to establsih for all deceased coroners matters

Answer 26

1. The identity of the person who has died. 2. The date of their death. 3. The place of their death. 4. The cause of death. 5. The manner (or circumstances) surrouding their death.

Question 27

What case law formulates the definition of 'Reasonable Suspicion' and what is it?

Answer 27

**R v. Rondo (2001)** a)A reasonable suspicion involves **less thean a reasonable belief but more than possibility**. b) Reasonable suspicion is not arbitrary. **Some factual basis** for the suspicion must be shown. It may be based on hearsay or material which may be inadmissible in evidence, but the material must have some probative value. c) Regard must be had to the information in the **mind of the police officer at the time**. The question is then whether that information afforded (objectively) reasonable grounds for the suspocopn which the officer formed

Question 28

Describe the Operational Orders format

Answer 28

**S.M.E.A.C.S** **S - Situation:** Topography, Background, Offenders, Targets, Associates, Occupants, Risk Appreciation **M - Mission:** Shortconcise statement of the objective of the operation **E - Execution:** General Outline, group Details and Tasking, Timings, Coordinating Instructions, Contingencies, Third Parties **A - Admin and Logistics:** Dress, PPE, Meals, Sitrep, Transport, Prisoner Management, Exhibit Management, Media, liason Officers, Stand Down Area, Accommodation. **C - Command and communication:** Operation Commander, Case Officer, Commond Location, Communications **S - Safety check:** Safery Check Officer, Medical Contingencies, Specified Safety Responsibilities for Commos and OS.

Question 29

A police officer may apply to an eligible issuing officer for a search warrant (other than a criminal organisation search warrant) in respects of any premises if the police officer believes on reasonable grounds that?

Answer 29

That there is or within 72 hours will be: In or on the premises a thing connected with a searchable offence in relation to the warrant

Question 30

Crime Scene Powers under S.95 (NO/WARRANT)

Answer 30

**TOO PEPPERED** (a) **direct** a person to leave the crime scene or remove a vehicle, vessel or aircraft from the crime scene, (b) **remove** from the crime scene a person who fails to comply with a direction to leave the crime scene or a vehicle, vessel or aircraft a person fails to remove from the crime scene, (c) direct a person not to **enter** the crime scene, (d) **prevent** a person from entering the crime scene, (e) prevent a person from removing **evidence** from or otherwise interfering with the crime scene or anything in it and, for that purpose, detain and search the person, (f) remove or cause to be removed an **obstruction** from the crime scene, (g) **perform** any necessary investigation, including, for example, search the crime scene and inspect anything in it to obtain evidence of the commission of an offence, (h) for the purpose of performing any necessary investigation, conduct any **examination** or process, (i) **open** anything at the crime scene that is locked, (j) **take** electricity, gas or any other utility, for use at the crime scene, (k) direct the occupier of the premises or a person apparently involved in the management or control of the premises to maintain a continuous supply of **electricity **at the premises, (l) **photograph** or otherwise record the crime scene and anything in it,

Question 31

Where do you get Power to detain after arrest and the conditions?

Answer 31

**Section 114** * For the purpose of investigating * If police suspect the person is involved in another offence, police may investigate during the same time period * Must be released or bought before court as soon as reasonably practicable * If arrested twice in 48 hours investiagtion time is affected if it occurred prior to first arrest

Question 32

Define a "Human Source"

Answer 32

* Who provides information to the police about actual or potential criminal activity, and * whose identity requires protection, and * whose identity details are known to police.

Question 33

What is the case law in relation to 'Posession (knowledge)'? And what does it mean?

Answer 33

**He Kaw Teh v. Queen 1985** On a count of possession under par.(c) the onus is on the prosecution to prove that an accused, at the time when he had physical custody or control of narcotic goods, knew of the existence and nature, or of the likely existence and nature, of the naracotic goods in question and that onus is discharged only by proof beyond reasonable doubt

Question 34

What is the standard process of registering a source

Answer 34

Conduct a Risk Assessment Identity source motivation *Explain relationship and reward aspects to source Arrange Supervisor meeting with Source Explain A.O.C, have Source, Handler and Controller sign AOC and scan onto system-SHRED AFTER Register Source on system, including initial meeting. Create a Contact Advice Report Allocate Handler, Co-Handler, Controller, Supervisor

Question 35

Special Aggravating Circumstances Break and Enter

Answer 35

(a) the alleged offender **intentionally wounds or intentionally inflicts grievous bodily harm** on any person, (b) the alleged offender inflicts **grievous bodily harm on any person and is reckless as to causing actual bodily harm** to that or any other person, (c) the alleged offender is **armed with a dangerous weapon**.

Question 36

What are the roles in Source Management?

Answer 36

Handler - (me) Co- Handler - Assisting officer Controller - Sergeant Senior Supervisor - Inspector / Crime Manager

Question 37

Standard steps for SD's

Answer 37

Consult with inv. Coordinator or Crime Manager Create RA Contact and Submit Covert Applications Unit Create E@gle.i investgators note Run Operation ComplETE s.44 report Dispose "Protected Information.