Bullring - sample questions

Question 1

You are preparing an application for a search warrant. Some of the information forming the basis of the application has been provided to you by a registered source. ​

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You want to protect this information from public record because you believe that its disclosure may compromise the investigation. What should you do?​

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Answer 1

Clause 13 of LEPRA requires that documents relating to search warrants be kept including any written application, a record relating to the application/warrant, a copy of the occupiers notice and a report on the execution including a copy of the receipt for any seized item. ​

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To protect the information set out in Clause 13 an officer may make an application pursuant to Clause 14 LEPRA enables an authorised officer (clerk of the court) to, at any time, issue a certificate to the effect that the information is not to be made available. ​

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Grounds to issue a clause 14 certificate include: ​

Information that may disclose a person’s identity, and ​

if that identity is disclosed that persons safety may be jeopardised, and ​

To prevent the application from being publicly accessed on the basis that it may seriously compromise the investigation of any matter ​

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Question 2

Section 36 of the Law Enforcement (Powers and Responsibilities) Act 2002 gives police the power to seize a “thing” during a vehicle search if the officer suspects the thing is connected with an offence. ​

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What principles should police adopt when they want to seize a “thing”. ​

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SUPPORT YOUR ANSWER WITH CASE LAW. ​

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Answer 2

5 Principles when seizing a thing - Ghani V Jones (1970) ​

The Police officer must have reasonable grounds for believing that a serious offence has been committed.​

The police officer Must have reasonable grounds for believing the article in question is the fruit of the crime or the instrument by which it was committed, or is material to prove the commission of the crime. ​

The officer must have reasonable grounds to believe that the person in possession of it has committed the crime, is implicated in it, or an accessory to it, or at any rate, refusal must be quite unreasonable.​

The Police must not keep the article nor prevent its removal for any longer than is reasonable necessary to complete their investigation.​

Lawfulness of the conduct of Police must be judged at the time and not by what happens afterwards​

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Question 3

It is 3.00am and you are patrolling an industrial park area of a LAC. You observe a panel van driving down the roadway a short distance in front of them. You can only see the driver in the vehicle. Upon seeing police the driver immediately slows down to around 10km/h below the sign posted speed limit. Police conduct a vehicle check on the panel van; radio confirms that the vehicle is currently registered. There is one previous COPs entry that is three years old indicating that the vehicle was used in a ram raid in the city.​

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Ignoring any specific legal issues, prima facie what LEPRA power may allow police to stop, search and detain the vehicle and occupants AND why this power is relevant? ​

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Answer 3

Section 36 of LEPRA Allows a police officer without warrant to stop, search, and detain a vehicle if the police officer suspects on reasonable grounds that the vehicle or occupants are connected with the commission of a relevant offence and allows police to seize any item that is connected with that relevant offence ​

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(1) A police officer may, without a warrant, stop, search and detain a vehicle if the police officer suspects on reasonable grounds that any of the following circumstances exists:​

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The vehicle contains, or a person in the vehicle has in his or her possession or under his or her control, anything stolen or otherwise unlawfully obtained,​

The vehicle is being, or was, or may have been, used in or in connection with the commission of a relevant offence,​

The vehicle contains anything used or intended to be used in or in connection with the commission of a relevant offence,​

The vehicle is in a public place or school and contains a dangerous article that is being, or was, or may have been, used in or in connection with the commission of a relevant offence,​

The vehicle contains, or a person in the vehicle has in his or her possession or under his or her control, a prohibited plant or prohibited drug in contravention of the Drug Misuse and Trafficking Act 1985​

Circumstances 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.​

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Question 4

Assuming the police acted only on the information provided in the previous scenario​

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What issues may arise (if any) concerning the vehicle stop? Explain your answer with reference to relevant case law and LEPRA ​

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Answer 4

In regards to Section 36 of LEPRA, the officers involved must be able to justify a reasonable suspicion to suspect that circumstances in section 36 are met i.e. (a vehicle is connected with a relevant offence, contains items used in that offence, dangerous articles, stolen property, prohibited drugs, and circumstances that give rise to public safety). ​

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Further to this, on the basis of Streat V Bauer and Streat v Blanco the police must have formed a genuine suspicion in their own mind (Subjective Test) of which a reasonable person armed with that same information would have come to that same suspicion (Objective Test). ​

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“There must be some factual basis upon which the suspicion is formed; it cannot be merely speculative. If the view is too speculative it is not reasonable to hold the suspicion” ​

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“A reasonable suspicion involves less than a reasonable belief but more than a possibility. There must be something which would create in the mind of a reasonable person apprehension or fear” That a thing specified in a requisite search power exists i.e. prohibited drug​

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Question 5

Police are lawfully on premises and have established a crime scene without the consent of the occupier, and are waiting for a crime scene warrant to be issued. ​

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What are crime scene powers that police can exercise straight away without a warrant?​

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Answer 5

Section 92(1) states that a police officer can exercise any of the powers pursuant to section 95 (1) (A)–(L) of LEPRA if is necessary to do so to preserve evidence of the commission of an offence for which the crime scene was established.​

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Section 95(1)(A-L):​

Direct a person to leave the crime scene or remove a vehicle, vessel or aircraft from the scene,​

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​

Direct a person not to enter the crime scene​

Prevent a person from entering the crime scene​

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​

Remove or cause to be removed an obstruction from the crime scene.​

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,​

for the purpose of performing any necessary investigation, conduct any examination or process,​

open anything at the crime scene that is locked,​

take electricity, gas or any other utility, for use at the crime scene,​

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,​

photograph or otherwise record the crime scene and anything in it​

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Question 6

Once a Crime Scene Warrant has been issued, what crime scene powers become available to police to investigate the crime scene?​

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Answer 6

Including powers listed in Section 95(1)(A-L) once a warrant has been authorised police can use all of the powers in section 95(1) including powers (m-p):​

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seize and detain all or part of a thing that might provide evidence of the commission of an offence,​

dig up anything at the crime scene,​

remove wall or ceiling linings or floors of a building, or panels of a vehicle,​

any other function reasonably necessary or incidental to a function conferred by this subsection.​

Question 7

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Where applicable, what considerations must police comply with when obtaining occupiers consent at a crime scene?​

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Explain your answer with reference to the relevant legislation​

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Answer 7

95(3) of LEPRA states that Nothing in this Part prevents a police officer who is lawfully on premises from exercising a crime scene power or doing any other thing, if the occupier of the premises consents. However, any such consent must, as far as is reasonably practicable, be in writing.​

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95(4) of LEPRA The occupier of premises may consent to the exercise of crime scene powers on the premises only if the occupier is, before giving consent, informed by a police officer of the following:​

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The crime scene powers proposed to be exercised on the premises​

The reasons for exercising those powers,​

The right of the occupier to refuse consent.​

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Question 8

You are first on the scene at premises after responding to a call that a violent domestic was taking place. Upon entering the premises you find a women lying on the floor of the kitchen with a stab wound to the chest, you ascertain that she is deceased. You conduct a search of the premises and find that there is no one else in the house. A knife with blood on it is found in the hallway. ​

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As the first officer on the scene what should you do to preserve the integrity of the crime scene for examination? ​

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Answer 8

Assess any hazards and take appropriate action​

Render or arrange first aid for anyone ​

Determine the nature and size of the scene ​

Think forensic. i.e. try not to contaminate any forensic evidence, namely possible DNA evidence ​

Determine an entry point for the crime scene; a point not used by the suspect ​

Remove all people through the entry point and record all witnesses particulars including, their driver’s license number where practical. This will help the linking process on COPS ​

Call a supervisor and or duty officer to coordinate control of the scene (scene coordinator) ​

Call Detectives to attend ​

Call investigations manager who will arrange the attendance of further investigators ​

Define the boundary of the scene with police crime scene tape (Consider inner and outer perimeters) ​

Protect any endangered physical evidence and record action in your notebook ​

Record any action which might have changed the crime scene eg: forced entry or moving objects ​

Guard and prevent entry to people, regardless of rank or status, who do not have a specific task to perform ​

Advise DOI, SOO or Local Area Commander of your call sign, name, location of scene control point and boundary position of scene tape ​

Record a log in your notebook, including rank, name, station time of entry and exit and reason for specific task for each person entering the crime scene until formally relieved ​

Provide senior investigating officer and crime scene investigator with all information before you leave ​

Obtain the signature of the senior investigating officer when you are relieved of recording duties. ​

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Comply with Part 7 of LEPRA to obtain a Crime Scene Warrant when necessary. ​

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Question 9

You are first on the scene at premises after responding to a call that a violent domestic was taking place. Upon entering the premises you find a women lying on the floor of the kitchen with a stab wound to the chest, you ascertain that she is deceased. You conduct a search of the premises and find that there is no one else in the house. A knife with blood on it is found in the hallway. ​

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As the first officer on the scene what should you do to preserve the integrity of the crime scene for examination? ​

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Answer 9

Assess any hazards and take appropriate action​

Render or arrange first aid for anyone ​

Determine the nature and size of the scene ​

Think forensic. i.e. try not to contaminate any forensic evidence, namely possible DNA evidence ​

Determine an entry point for the crime scene; a point not used by the suspect ​

Remove all people through the entry point and record all witnesses particulars including, their driver’s license number where practical. This will help the linking process on COPS ​

Call a supervisor and or duty officer to coordinate control of the scene (scene coordinator) ​

Call Detectives to attend ​

Call investigations manager who will arrange the attendance of further investigators ​

Define the boundary of the scene with police crime scene tape (Consider inner and outer perimeters) ​

Protect any endangered physical evidence and record action in your notebook ​

Record any action which might have changed the crime scene eg: forced entry or moving objects ​

Guard and prevent entry to people, regardless of rank or status, who do not have a specific task to perform ​

Advise DOI, SOO or Local Area Commander of your call sign, name, location of scene control point and boundary position of scene tape ​

Record a log in your notebook, including rank, name, station time of entry and exit and reason for specific task for each person entering the crime scene until formally relieved ​

Provide senior investigating officer and crime scene investigator with all information before you leave ​

Obtain the signature of the senior investigating officer when you are relieved of recording duties. ​

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Comply with Part 7 of LEPRA to obtain a Crime Scene Warrant when necessary. ​

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Question 10

You attend premises in response to a request from a mobile supervisor in relation to a deceased person. On arrival you speak with a man who states that he arrived at the premises to take his brother to a local drug clinic but, on entering the bedroom, he had found his brother lying on the bed, apparently deceased. You go inside the premises, accompanied by the brother, and go to the bedroom in which the deceased is located. You recognise him as a known drug addict who appears to have died from accidental drug overdose.​

Answer 10

Secure the scene; apply for a crime scene warrant/coronial warrant where necessary. ​

Check the body. ​

Call detectives (they are responsible for determining whether death is suspicious). ​

Arrange for a thorough crime scene/forensic examination to be carried out, including the attendance of a crime scene investigator to determine whether death was intentional or accidental. ​

Take possession of any drugs at scene. ​

Identify the body in the presence of a family member or other independent witness.​

Record property description located on deceased in notebook or on Search Form. ​

Arrange for the Government Contractor to convey the body to the hospital. ​

Life to be pronounced extinct by Doctor/Ambulance, then to coroner’s morgue. ​

Obtain information for P79A. ​

Book up property EFIMS​

Send Coroner P79A​

Ensure deceased persons criminal history relating to drug matters is attached to original report of P79A. ​

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Question 11

What is the primary function of an Incident Scene Guard and what should be recorded on the Crime Scene log? ​

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Answer 11

Crime Scene Logs are a key tool in preserving the crime scene and show transparency as to the continuity of the scene. Crime Scene Guards deny access to any personnel who do not have a specific and relevant role to perform within the scene perimeter ​

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Recorded on the log should be:​

Name of person entering ​

Time of entry ​

Time of Exit ​

Signature of the person entering ​

Reason for entering ​

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Question 12

You are the first investigator to arrive at the scene of an armed robbery at a local bank.​

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What steps should you take to ensure an appropriate investigative response?​

Answer 12

Armed Robbery Standing Operating Procedures​

Prior to arrival, obtain all known information (from Police Radio). ​

Use Officer Survival Skills on approach. ​

Request some police vehicles to attend the scene and others to circulate.​

Attend to any injured persons/preserve life​

Obtain initial information from the scene and circulate information via Police Radio.​

Crime Scene Considerations​

Establish crime scene. Refer to Crime Scene Unit (CSU) SOPs in the Investigators Guide to Physical Evidence.​

Consider Crime Scene Warrant/s utilising LEPRA Powers/ Owners Consent.​

Place guard at Crime Scene ensuring no unauthorised access.​

Allocate an officer to commence and maintain a Crime Scene Log.​

Identify any areas for crime scene examination. i.e. identify fingerprints, shoe/boot imprints, consider areas locating DNA, and secure as per SOPs.​

Secure any demand notes for crime scene examination ​

In instances where shots are fired - inform Ballistics Unit. Secure spent cartridges, live cartridges or discharged projectiles.​

Organise a search of an area in consultation with Crime Scene Examiner for exhibits i.e. Clothing; cigarettes, rope, stick tape etc, getaway vehicles. ​

Arrange Duty Officer or Supervisor to attend.​

Arrange for Crime Scene/ FSG to attend.​

Ensure that a fingerprint assessment is conducted by Crime Scene​

​Avenues of Inquiry and Considerations​

Identify victim/s and witnesses and separate them to avoid contamination​

Inquire and locate any surveillance camera/s and secure relevant footage. ​

Organise a canvas of the area for witnesses and possible surveillance footage​

Do not comment to media regarding witness names, and make no comment at all concerning amount or property taken. Refer to Media Policy.​

Contact and inform the Robbery & Serious Crime Squad and Metropolitan Robbery Unit as soon as possible.​

Victims of Crime should be directed to Post Incident Traumatic Counseling. Remember it is very traumatic to victim - Victim Care is important.

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Question 13

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You are the first investigator at the scene of a homicide. ​

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Pending the arrival of experienced investigators, what is your responsibility with crime scene management and what actions would you take to achieve this?​

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Answer 13

Assess the scene to establish what has happened. Commence management of the crime scene by ensuring police have control.​

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In order to achieve this, police should:​

Establish/identify personnel tasked with responsibilities.​

Remove non-essential personnel from the crime scene.​

Crime scenes cordon off using crime scene tape.​

Inner, Outer Perimeters and Exclusion Zones are established.​

Appropriate entry and exit routes have been established. ​

Appoint crime scene guards.​

Commence and maintain crime scene logs. ​

Establish authority to hold the crime scene (Permission; S40 Coroners Act/ Coronial Warrant ).​

Consider LEPRA Powers Section 88 to 95.​

Consider application for a Crime Scene Warrant.​

Exhibit preservation and security has been undertaken.​

Consider natural elements like rain, dust, UV exposure, extreme temperature, ​

Become aware of media interest. ​

Consider appointing a Media Liaison Officer.​

Consider a Canvass/Search if required.​

Ensure relevant forensic and specialist resources attend.​

Appoint Exhibit Officer to assist the Crime Scene Investigator. ​

Consider preservation of forensic evidence upon offender and witnesses.​

Maintain communication with Command / Management. ​

Question 14

A number of similar breaking offences have occurred in your LAC. Each offence is linked by the fact that garages have been targeted and golf clubs have been stolen.​

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You made inquiries with pawn brokers and as a result you found that a local criminal has sold nine sets of golf clubs to pawn shops in the last month. In the process of making those inquiries you see that same person carrying a set of golf clubs towards a pawn broker. ​

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What would you do?​

Answer 14

Stop the suspect and Introduce myself to them in accordance with Part 15 of LEPRA (Safeguards) ​

Inspect the property (Golf Clubs)​

Question the suspect about the golf clubs and ask him where he got them, how much he paid for them etc.​

Once reasonable suspicion is formed I would Search the suspect (IPE prior) – under section 21(1)(a) for property stolen or otherwise unlawfully obtained. ​

I would Seize the Goods under section 21(2)(a) LEPRA, and conduct an OBJENQ on those goods. ​

I would Arrest / caution the suspect for Goods in Custody. I would potentially Arrest for Break enter and Steal if admissions were made at the scene. ​

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Question 15

Considering the last scenario (golf clubs pawn shop etc), What issues should you consider regarding the goods in custody offence?​

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Answer 15

Suspicion is on the goods not the person.​

Consider the Condition and value of the goods​

Statute of Limitations is 6 Months for property or 2 Years for Motor vehicles​

Consider the Existence of serial numbers, inscriptions, packaging and other identifying marks. ​

Consider and Investigate the Suspect’s explanation as to the acquisition of the property. The suspects behaviour is important to consider (Anderson v the Judges of the District Court) ​

Circumstances in which the accused is found with the property and how they obtained the property (where, when, how much, receipt, proof!). ​

Consider the Doctrine of Recent Possession ​

Consider offences akin to Goods in Custody – Receiving? ​

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Note: Anderson v the Judges of the District Court explained that the prosecution must prove that it was reasonable to suspect that the property was stolen or otherwise unlawfully obtained based on the explanation of the suspect and the circumstances of the custody. There is also a need to particularise what type of custody is involved in this particular offence I.e. in his or her custody, custody of another, on premises, give custody to another not lawfully entitled. This must be specified. ​

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Question 16

Scenario Continued​

A number of similar breaking offences have occurred in your LAC. Each offence is linked by the fact that garages have been targeted and golf clubs have been stolen.​

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You made inquiries with pawn brokers and as a result you found that a local criminal has sold nine sets of golf clubs to pawn shops in the last month. In the process of making those inquiries you see that same person carrying a set of golf clubs towards a pawn broker. ​

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The golf clubs are engraved with a driver licence number. A check on this number reveals a report that indicates these clubs were stolen from a break and enter offence only one hour before the arrest. ​

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What offence could you charge the suspect with and what legal principle would assist you in determining the charge?​

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Answer 16

I would arrest the suspect for the Break and Enter Commit SIO. I would do so taking into consideration the Doctrine of Recent Possession: ​

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“A person, who is in possession of items (property) so soon after a stealing, or a break and enter, has taken place, that no other conclusion should be reached by the Court than that the person is the thief, breaker or the guilty receiver in the absence of any explanation”​

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Section 121 of Crimes Act 1900 should also be canvassed regarding alternative verdicts for Larceny or Receiving.​

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Question 17

Considering the previous scenario, Is there anything further you would do regarding the other sets of golf clubs?​

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Answer 17

Review the incidents and identify similar features (modus operandi/ Tendency and Coincidence) ​

Identify if there is any evidence; eyewitness or forensic that may be used to link the suspect to previous offences​

Interview the suspect in relation to each of the incidents.​

Consider taking a forensic procedure to link to previous offences where material is available. ​

Consider other more appropriate offences which may include;​

Break Enter & Steal, ​

Receiving, (s. 188 - receive/dispose/attempt to dispose of stolen property where stealing amounts to serious indictable offence)

Goods in Custody, ​

Obtain benefit by deception (when statute of limitations elapsed for goods in custody), ​

Furnish false / misleading particulars to a licensee (Pawnbrokers & Second Hand Dealers Act). ​

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Timeframes and recency of possession, along with identifiable property will influence the decision on what offences to charge with. ​

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Question 18

Trevor and Barry have been watching the local RSL Club at Westmead for several days. For a fortnight they have been planning to break into the gaming area of the club outside of club trading hours and steal cash from the coin trays in the card machines. Trevor and Barry are sure that nobody will be inside the club when they break into the club.​

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On the evening of the job, Trevor and Barry force their way through the two glass doors and gain entry into the gaming area of the club. They immediately start to work on removing a coin tray from the first card machine. Barry starts to place coins from the card machine into a black bag.​

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What is the most appropriate offence that you would charge both Trevor and Barry with? ​

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Answer 18

Section 112(2) Aggravated Break Enter & Commit Serious Indictable Offence ​

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(Because they were in company) ​

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All Circumstances of Aggravation are defined under S105A of the Crimes Act

Question 19

In regards to Break and Enter Offences (S109-113) ​

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Outline the circumstances of aggravation including specially aggravated circumstances as under Section 105A of the Crimes Act​

Answer 19

Circumstances of aggravation​

A - Armed - The alleged offender is armed with an offensive weapon, or instrument,​

C - Company - The alleged offender is in the company of another person or persons​

D - Deprive - The alleged offender deprives any person of his or her liberty, ​

C - Corporal - The alleged offender uses corporal violence on any person,​

A - ABH - The alleged offender intentionally or recklessly inflicts actual bodily harm on any person,​

K - Knows (home) - 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. ​

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Circumstances of special aggravation​

W - Wounds (intentional) - The alleged offender intentionally wounds or intentionally inflicts grievous bodily harm on any person​

A - Armed (dangerous) - The alleged offender is armed with a dangerous weapon.

G - GBH (reckless) 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, ​

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Question 20

Explain the “Doctrine of Recent Possession” and how it may be applied, provide an example.​

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Answer 20

If a defendant has in his possession goods which are proved to be stolen​

And it is shown that his possession of them at the time was recent to their theft, ​

in the absence of a credible explanation by the defendant, ​

The court may come to the conclusion that he is either the thief of the same, or a guilty receiver.​

MUST HAVE - IKKERS

I - Identity - the Identity of POI
K - Knowledge (possession) - POI had knowledge of the possession of the goods
K - Knowledge (nature) - POI had knowledge of the nature of the goods (i.e. stolen/unlawfully obtained/suspicous)
E - Explanation - NO CREDIBLE EXPLANATION as to how they possessed the good (explanations must be investigated)
R - Recency - recency of possession to time of theft (R V SMALE - no exact time frame, based on nature of goods/circumstances of case)
S - Stolen - goods are proven to be stolen

Example: During an Aggravated Robbery a Male POI runs from the scene and was described by the victim as wearing a unique piece of clothing. Police subsequently stop and search a male wearing said unique clothing and police locate the proceeds of the offence on his person. This occurs within minutes of the offence and the POI states “I just found the property on the floor”. Given the circumstances, and the POI’s explanation it is reasonable to presume the POI is the thief or guilty receiver. ​

Question 21

You conduct a lawful search of a car as a result of your reasonable cause to suspect that stolen property is in the vehicle. ​

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During the search you locate a DVD Player with the serial numbers ground off. You are able to determine through a COPS check that the DVD Player was stolen from a Break, Enter and Steal a month ago. ​

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When questioned the driver states he ‘got it off a mate’ and he did not know it was stolen. ​

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When conducting your questioning in relation to the Goods in Custody offence what should you keep in mind?​

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Answer 21

Attach suspicion to the goods and not the person. ​

Find out all you can about the property, its condition, its value, whether the serial numbers have been removed, is it still in its original packaging. ​

Question the person at length about the circumstances surrounding their acquisition of the property: where they obtained it, from whom, how much they paid for it, if they knew the seller, whether a receipt was issued, how much they think its worth. ​

Make a list of all grounds, which a reasonable person might suspect the property to be stolen or otherwise unlawfully obtained. Depending on the circumstances these might include, the person bought it in a hotel, the person bought it for a price well below the retail value, the property was bought from an unknown person or no receipt was provided, serial numbers have been removed. ​

Brainstorm appropriate questions with your colleagues prior to interviewing the suspect. ​

Ensure that your interview is a thorough one​

You need to establish facts exist which would lead a reasonable person to believe the property is stolen or unlawfully obtained. ​

You need to prove the person was aware of the existence of those facts at time the property was in their custody. ​

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Question 22

What is the defence to a charge of Goods in Custody charge? ​

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Answer 22

A person has a defence to a goods in custody charge if they can satisfy the court on the balance of probabilities:​

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They had no reasonable grounds for suspecting the property was stolen or unlawfully obtained ​

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Do not wait until the case is before the court to deal with the defence; turn your mind to it at the time of questioning. ​

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Question 23

What is the Doctrine of Recent Possession? ​

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Answer 23

The doctrine of Recent Possession is a legal doctrine that provides circumstantial evidence against an accused person who is proven to have, or have had possession of property which can be shown by evidence to have been stolen, and that possession is recent to the time of theft, and the offender fails to offer a credible explanation for their possession of the property, then a jury is entitled to draw the conclusion from the offenders unexplained possession of the goods that the person is either the thief or the guilty receiver.​

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Bruce v R (1987) 74 ALR 219 ​

Question 24

How do you satisfy the Doctrine of Recent Possession? (i.e. What must you prove)​

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Answer 24

I - The Identity of the offender is known​

K - The offender had knowledge of possession of the goods​

K - The offender had knowledge of the nature of the goods​

E - The offender does not offer a credible explanation as to how they obtained the goods (any explanation must be tested)​

R - The recency of possession (which is assessed case by case) ​(R V SMALE)

S - Goods were stolen
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In regards to Recent to the theft, there is no specific time period that applies. However, officers should consider, the length of time, distance from location of theft, the uniqueness of the property, whether sufficient time had passed for the thief to dispose of the property, and any explanation offered by the accused. ​

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Question 25

A break, enter & steal is committed upon a house in your LAC. Proceeds of the offence are a TV, DVD Player, Surround Sound System and numerous Movie DVDs and Music CDs. A red Holden Commodore sedan with white mag wheels was seen by a neighbour leaving from the rear access lane near the house with 2 male occupants. ​ ​ You observe and stop a car matching the description of the suspect vehicle half an hour after offence. Whilst questioning the driver you notice what appears to be a TV lying on the back seat of the car, partially covered by a blanket. You proceed to search the vehicle and locate the DVD player, surround sound system, five speakers and many DVDs & CDs in the boot of the car. ​ ​ The driver of the car will not offer an explanation for how he came into possession of the goods or who the owner is. You can positively identify the goods were stolen from the break, enter & steal from a licence number engraved into the back of the TV, DVD and Surround System. ​ ​ What would be the best course of action for this scenario? ​ ​

Answer 25

Vehicle stop Ipe - power to search - s.36 On finding tv - IPE - caution - question On receiving no explanation and OBJENQ confirms - arrest (if can match description of both occupants) I would seize the stolen goods under section 36(3)(a) of the Law Enforcement (Powers & Responsibilities) Act 2002. ​ I would arrest the occupants and interview them in relation to the Break Enter and Steal. I would subsequently charge the offenders with Aggravated Break and Enter Commit SIO under 112(2) of the Crimes Act 1900. ​ If forensic material was obtained from the scene, I would consider taking Forensic Procedures from the offenders to test against material obtained from the scene. ​

Question 26

You arrest a person who has a large quantity of cash that you believe are the proceeds of crime. You decide to charge the person under section 193C of the Crimes Act 40/1900. ​ ​ Cite five reasons why you would prefer a charge under this section, as opposed to a more conventional Charge of Goods In Custody 527(C)(1) of the Crimes Act 40/1900? ​ ​ ​

Answer 26

HOW MUCH CASH?: s.1AA - 5 million plus - 8 years s.1 - 100k to 5 million - 5 years s.2 - up to 100k - 3 years Reasons include:​ This section requires a reasonable suspicion that the property is the proceeds of crime (The property is Substantially derived or realised, directly or indirectly by any person from the commission of an indictable offence). ​ There is a reverse onus on the defendant to prove as a defence that there were no reasonable grounds to suspect the property was substantially derived from offence against an act. ​ Proof of the defendants onus is based on the balance of probabilities​ Gaol term is 3 years, as opposed to 6 months for Goods in Custody​ The Fine is 10 times that of Goods in Custody ($5,500 vs $550)​ There is a tracing provision (Doesn’t have to be the exact property derived from the offence) – including electronic funds, new cars, houses, items purchased as a result of the offence. ​ No need to specify the type of offence or location /jurisdiction​ Offence works for property transferred electronically​ ​

Question 27

You have been tasked with preparing an application for a search warrant.​ ​ What information should be included in the application? ​ ​ ​

Answer 27

NA - Name and authority (name and rank of police officer) G - ground of application (includes; nature of searchable offence, must be DETAILED, RELEVANT, ACCURATE, intelligence must be TIMELY, must link THING to SEARCHABLE OFFENCE, offfence must be fully described, must provide grounds for believing there is/within 72 hours will be the THING related to the the SEARCHABLE offence at the PREMISE) Information must be detailed and relevant.​ Information must be accurate.​ Intelligence should be timely.​ Accurate description of the subject ‘thing’ and how it is connected with the alleged offence​ The scope of the proposed search ​ Particular areas to be searched e.g. grounds, structures, internal, exterior, or entire curtilage​ If subject ‘thing’ is secured in safes or the like.​ AD - Address/description thereof D - Description - particular thing (what and where) D - Description - kind of thing (description) P - PREVIOUS APPLICATION - details if there have been A - ANY OTHER INFORMATION

Question 28

What are the 13 Steps for any Search Warrant?​ ​ ​

Answer 28

Complete Risk Assessment ​ Comply with Human Source Management Policy ​ Identify need for STR (Complete RA)​ Prepare Operational Orders ​ Obtain Authority & Consult the PAC ​ Send Documents to STR ​ Brief Search Warrant Participants ​ Re- Brief the search warrant participants (If required)​ Execute the Search Warrant ​ Participants to execute post warrant duties ​ Complete SITREP​ Debrief the Search Warrant Participants ​ Complete COPS event with a search warrant incident. ​ ​ STEPS 1 – 6 Not required in Urgent Circumstances ​ ​

Question 29

You have been appointed as the case officer to run the execution of the warrant. ​ ​ What roles are performed when conducting a search warrant? ​ ​

Answer 29

Roles Conducted during Search Warrants:​ Case Officer ​ Independent Observer​ Searching Officer​ Exhibits Officer​ Video Operator​ Operation Commander​ Entry Team Leader (STR)​ Safety Check Officer ​

Question 30

With respect to the execution of a search warrant, what is the role of the Case Officer?​ ​

Answer 30

Case Officer ​ Allocate roles to all personnel ensuring the roles are understood.​ Create Operational Orders.​ Ensure the all appropriate contingencies are considered ​ Conduct a Risk Assessment.​ Identify and collect resources. ​ Generally - conduct briefing 'Run' the search warrant Conduct a Review on all operations.​ Generally the case officer is the Warrant Holder ​ ​ ​

Question 31

With respect to the execution of a search warrant, what is the role of the Independent Officer?​ ​ ​

Answer 31

Independent Observer ​ Must be a Substantive Sergeant or a person of equal experience.​ Generally the Independent officer is a Duty Officer ​ Ensures fairness during warrant.​ Is not connected to the investigation being conducted​ Can act as a custody manager in the field where required ​ ​

Question 32

With respect to the execution of a search warrant, what is the role of the Searching Officer?​ ​ ​

Answer 32

Searching Officer ​ Locate items of interest and leave them in situ for recording.​ Maintain security and preserve the scene. ​ Ensure proper exhibit handling i.e. changing gloves on each item located ​ Conduct the role in an ethical and professional manner.​ Have the ability to assume role of Case Officer should need arise​ Have a systematic and methodical approach to the searching of the premises to ensure items are not missed. ​ ​

Question 33

With respect to the execution of a search warrant, what is the role of the Exhibits Officer?​ ​ ​

Answer 33

Exhibits Officer​ Ensure all necessary equipment is ready and available.​ Accurately record the seizure of all exhibits and have those items endorsed by Independent officer.​ Prepare a scene plan and record exhibit location position.​ Ensure integrity of all exhibits by labelling, packaging & retaining them.​ Ensure all exhibits have been photographed and video taped in situ.​ Allow the occupier to view and sign the Exhibit Property Seizure Log. Provide them with a copy of the form. ​ ​

Question 34

With respect to the execution of a search warrant, what is the role of the Video Operator?​

Answer 34

Video Operator ​ Ensure that each item is photographed/ filmed in situ as they are found. ​ Maintain the integrity of the recording so that there is a chain of continuity for all actions conducted by police. ​ Entry of Recordings as Exhibits​ Ensure that the recording of the warrant is appropriately downloaded and preserved. ​ ​ ​

Question 35

With respect to the execution of a search warrant, what is the role of the Operation Commander?​

Answer 35

Operation Commander ​ Sergeant or Duty Officer ​ Must be available or present at the time of execution​ Overseas the entire operation across all phases ​ Reviews and checks accuracy of operational orders and risk assessment. ​ ​

Question 36

With respect to the execution of a search warrant, what is the role of the STR Team Leader?​ ​ ​

Answer 36

Entry Team Leader​ To safely and tactically execute the operation in accordance with the approved operational orders. ​ To ensure the safety of the entry team members ​ To thoroughly brief and plan the entry method ​ To ensure the entry team are appropriately equipped for the entry. ​ ​

Question 37

With respect to the execution of a search warrant, what is the role of the Safety Check Officer?​ ​ ​

Answer 37

Safety Check Officer ​ Safety Officer checks equipment required for the operation.​ Ensures the appropriate personal protective equipment is available and used. ​ Ensure search warrant kits are complete with required items ​ Identifies any risks associated with the proposed task or Op Orders and take immediate action to address those risks where applicable. ​ ​

Question 38

As an investigator, you execute a search warrant and seize a number of exhibits. ​ ​ What procedures need to be followed in relation to the exhibits from detection to disposal?​ ​ ​

Answer 38

Ensure continuity of possession is maintained at all times.​ Complete the Property Seizure Book / Field Exhibit Book (PAB52) as each item is located. ​ Photograph the exhibits (preferably in situ and prior to bagging)​ Package and seal items separately, sign and label correctly.​ Ensure the occupant signs the Property Seizure Book / Field Exhibit Book along with the independent officer.​ Provide the occupant with a copy of the seizure log. ​ If further examination required ensure packaging labelled appropriately.​ Have the exhibits booked into EFIMS and secured in the exhibit room.​ Arrange forensic and other examinations as a priority. ​ Retain exhibits for court purposes, or return exhibit to owner or dispose at the earliest opportunity.​ ​

Question 39

You attend the scene of a deceased elderly person at the request of the supervisor. The supervisor tells you the police found an elderly male deceased on the bed at the premises. No relative is present and no inquiries have been commenced. Upon further investigation you establish there are no suspicious circumstances. For non-suspicious circumstances police have certain actions and responsibilities for coronial matters. ​ ​ What are the actions and responsibilities? ​

Answer 39

Do NOT assume the death is the result of natural causes until a doctor certifies it is. ​ Make inquiries with family, neighbours etc. to determine when last seen alive. ​ Notify Forensic Services Group (they will determine their attendance) ​ Arrange for government contractors to attend. ​ Search the body at the scene in the presence of the supervisor. ​ Search the premises for identification, medical prescriptions/medications and any personal valuables. Make detailed notes of the clothing of the deceased and the position of the body. ​ If possible organise for a family member or appropriate person to attend.​ Make inquiries about the deceased’s doctor and whether that doctor has seen the deceased within the last 6 months and is willing to issue a Death Certificate (indicating the medical cause of death). ​ If a Doctor will issue a Death Certificate, then the body may be released to Funeral Directors. If NO Death Certificate will be issued, the body will always be admitted to the Morgue and the death reported to the Coroner. ​ Where possible hand over any valuables personal items to a family member or appropriate person. Record in your notebook, have the person sign as receipt. ​ Attend and arrange with government contractors to transport the deceased to a hospital or for a medical practitioner to pronounce life extinct. ​ Obtain a Certificate Pronouncing Life Extinct. ​ Take any items from the deceased and complete an entry in your notebook. ​ Complete a COPS entry and P79A Form ​ Return to the police station and enter any property or exhibits into EFIMS. ​ If the deceased relative/next of kin resides in your LAC, attend the residence to deliver the death message. If not organise other police to attend. ​ Enquire if the relative/next of kin wishes to identify the deceased. Make arrangements or advise the morgue of their wishes.​ Organise for the relative/next of kin to attend to the police station to collect and sign for the property. ​ ​

Question 40

​ You are an investigator on duty when a death is reported. ​ ​ What categories of deaths require a Mandatory Notification to the Coroner?​ ​​ ​

Answer 40

Mandatory Notification to the Coroner required for a death in NSW which occurs: ​ Violently or unnaturally. ​ Suddenly, cause unknown.​ In suspicious or unusual circumstances.​ Where no cause of death certificate is issued.​ Six months since doctor has seen the deceased.​ 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​ While in police or other lawful custody. ​ While escaping or trying to escape from police or lawful custody​ During the course of police operations. ​ While in, or temporarily absent from, one of the following; a hospital; a residential child care centre; a detention centre; a prison; a residential centre for handicapped persons.​ ​

Question 41

What powers are available to police within the Coroners Act in terms of examining crime scenes?​ ​ ​

Answer 41

Where police have applied for a Coronial Investigation Scene Order under Section 40, police can exercise the powers conferred in Section 43​ direct a person to leave the coronial investigation scene or remove a vehicle, vessel or aircraft from the coronial investigation scene,​ remove from the coronial investigation scene a person who fails to comply with a direction to leave the coronial investigation scene or a vehicle, vessel or aircraft a person fails to remove from the coronial investigation scene,​ direct a person not to enter the coronial investigation scene,​ prevent a person from entering a coronial investigation scene,​ prevent a person from removing evidence from, or otherwise interfering with, the coronial investigation scene or anything in it and, for that purpose, detain and search the person,​ remove or cause to be removed an obstruction from the coronial investigation scene,​ perform any necessary investigation, including, for example, search the coronial investigation scene and inspect anything in it to obtain evidence in relation to the inquest or inquiry,​ for the purpose of performing any necessary investigation, conduct any examination or process,​ open anything at the coronial investigation scene that is locked,​ take electricity, gas or any other utility, for use at the coronial investigation scene,​ direct the occupier of the place or a person apparently involved in the management or control of the place to maintain a continuous supply of electricity at the place,​ photograph or otherwise record the coronial investigation scene and anything in it,​ seize and detain all or part of a thing that might provide evidence in relation to the inquest or inquiry or provide evidence of the commission of an offence,​ dig up anything at the coronial investigation scene,​ remove wall or ceiling linings or floors of a building, or panels of a vehicle,​ take possession of the remains of a deceased person on behalf of the coroner, including body tissue, clothing and items apparently in the possession of the deceased person,​ remove or cause the removal of the remains of a deceased person to any location nominated by the coroner,​ any other function reasonably necessary or incidental to a function conferred by this section.​

Question 42

There are a number of defences to an allegation of assault. ​ ​ Explain them with an example of each​ ​ ​

Answer 42

BASHMACK​ B – Taking blood samples/forensic procedures etc ​ A – Lawful arrest, execution of physical force (S.99 LEPRA) ​ S – Self-defence and defence of family (S.418 Crimes Act 1900)​ H – Defence of home or property (S.418 Crimes Act 1900)​ S – Sports permissible within the rules of the game (Assaults that are either authorized, justified or excused by law)​ M – Medical procedure; with consent (SAIK, surgery), without consent (exam of persons in custody (S.138 LEPRA)​ A – Accidental use of physical force​ C – When consented to (except when it causes ABH or GBH)​ K – Lawful chastisement/ lawful correction (S.61AA Crimes Act 1900)​ ​ ​

Question 43

A male arms himself with a baseball bat and approaches a person on the street. The male knows this person and has hated him for years. He hits him several times with the baseball bat, screaming out ‘I’m going to bust you up bad’. He succeeds and the victim requires an operation in which several metal plates are inserted into his arm.​ ​ What is the most appropriate offence with which to charge the offender? Is this deliberate/actual or a reckless intent? ​ ​ ​

Answer 43

The correct offence would be Wounding or Grievous Bodily Harm with intent (Section 33, Crimes Act 1900) ​ ​ Note: For a Section 33 offence, intent can only be actual/deliberate. ​ ​ In this scenario, he has clearly done more then merely contemplated the GBH (evident by number of strikes and his words spoken). ​ ​ Despite this, Subsection 33(3) outlines the Alternative verdict If on the trial of a person charged with an offence against this section the jury is not satisfied that the offence is proven but is satisfied that the person has committed an offence against section 35 (Reckless Wounding), the jury may acquit the person of the offence charged and find the person guilty of an offence against section 35.​ ​ The only difference is that instead of intentionally causing GBH, the person causes GBH by being reckless as to ABH. ​ ​

Question 44

You are requested to investigate a break, enter and steal offence where a 12 year old male has been arrested coming from a premises with a DVD player, the proceeds of the offence. ​ ​ The male has been brought to the police station and a short time later his mother attends the police station. An ERISP interview takes place and you are the lead interviewer. Due to the age of (12 years) the issue of Doli Incapax is in play. ​ ​ What is Doli Incapax? ​ ​ ​

Answer 44

Section 5 of the Children (Criminal Proceedings) Act 1987 provides for an irrebuttable presumption a child under the age of 10 years cannot commit a criminal offence. ​ ​ From the age of 10 to 14 years the common law provides for a rebuttable presumption that a child cannot possess the knowledge to have a mens rea i.e., the intent necessary for a criminal offence. The presumption is known as doli incapax.​ ​ Note that, in relation to children aged between 10 and 14 years, doli incapax is a rebuttable presumption, meaning a child aged between 10 and 14 years can be guilty of a criminal offence upon proof beyond reasonable doubt that, at the time the child committed the offence alleged, they knew that what they were doing was seriously wrong (as opposed to merely mischievous or naughty).​ ​ RP V QUEEN 2016 (MOST RECENT)​ ​

Question 45

Summarise the leading case for Doli Incapax within NSW​ ​ ​

Answer 45

RP v QUEEN 2016 (MOST RECENT DECISION)​ ​ The test can be summarized as follows:​ The prosecution must rebut the presumption of doli Incapax as an element of the prosecutions case ​ There must exist clear evidence the childs knowledge and development at the TIME OF THE COMMISSION OF THE OFFENCE, was that they knew their conduct was seriously or gravely wrong, as opposed to 'naughty' or 'childish mischief' The evidence relied upon by the prosecution must be strong and clear beyond all doubt or contradiction ​ The evidence to prove the accused's guilty knowledge cannot rely on the horrific nature of the act ​ The older the child is the easier it will be for the prosecution to prove the guilty knowledge. ​ ​

Question 46

Given the previous scenario, how would you rebut the doctrine of Doli Incapax?​ ​ ​

Answer 46

THROUGH EVIDENCE: Prior criminal history of child (use of cautions/conferences where these things would be discussed) Previous police interviews etc. addressing doli incapax Statements/admissions of child knowing it was wrong. Including behaviour of child trying to avoid detection for offence Evidence of child attempting to conceal offence Evidence from parents/teachers/relatives/psychs etc. both for intellectual capactiy and acknowledgement of wrongdoing/knowledge of RIGHT/WRONG/What a crime is Evidence of police interviewing (below) THROUGH QUESTIONING - police should ask questions to establish the childs understanding of right, wrong, and what a crime is: Did you know that it was wrong to X? Why? When you did X, did you think something would happen to you if you were seen? Why? What did you think would happen? Who did you think you would be in trouble with? Do you know what a crime is? When you did X, did you think it was a crime? What do you think happens to people who commit crimes IF DENIAL - PUT ALLEGATION TO THEM AND INVITE COMMENT Do you think it would be wrong to X? Do you think something would happen to you if you did X? What do you think would happen?

Question 47

You and your partner attend a report of an assault in an alley between two housing estates. The victim and a witness provide you with a description of the male offender. An hour later, whilst patrolling the same area, you locate a male matching the description given earlier. You speak with the male and locate on his person a credit card in the name of the victim. He refuses to say anything in relation to the credit card. You arrest the male and convey him to the Police Station. ​ ​ What are the three considerations when deciding on whether or not to conduct an identification parade? ​ ​ ​

Answer 47

If you suspect someone whose identity is known to you has committed an offence and identity is an issue; ​ ​ Suspect is willing to participate in identification parade ​ ​ It is appropriate to hold an identification parade considering fairness to the suspect ​ ​

Question 48

​ Considering the same scenario, when would you NOT conduct an identification parade? ​

Answer 48

Suspect refuses to take part; ​ Suspects appearance is significantly different from what it was at the time of the offence; ​ Suspect's appearance or manner is so unique it would be unfair for participation in a parade; ​ Minor offences where the importance of identification evidence is limited; ​ Suspect is personally known to the witness; ​ Witness is unwilling to identify suspect in ID parade. ​ ​

Question 49

What are some critical issues in regards to identification procedures? ​ ​ ​

Answer 49

Visual ID (Photographic or otherwise) may be inadmissible unless an ID parade is conducted or valid reasons exist not to do so (Section 114 Evidence Act 1995) ​ Consider defences such as contamination of witnesses or collusion; ​ Documents associated with ID parades must be treated as exhibits; ​ Investigating Police are to have no part in conducting the ID parade; ​ Do not conduct ID parade if suspect under 18 unless suspect agrees or requests in writing for one to be conducted and responsible adult agrees in writing; ​ Stop the ID parade if suspect no longer wants to participate or fails to cooperate; ​ All details re ID parade to be recorded in notebook or appropriate forms; ​ Inconvenience is NOT a reason for failure to hold an ID parade. ​ ​

Question 50

You are an investigator on duty when you receive information about the existence of a Drug Premises in your LAC.​ ​ What is the definition of a Drug Premises and under what circumstances would you apply for a warrant utilising this legislation?​ ​ ​

Answer 50

"drug premises" means any premises that are used for either or both of the following:​ the unlawful supply or manufacture of prohibited drugs,​ (b) the unlawful cultivation of prohibited plants by enhanced indoor means.​ Section 139 of LEPRA 2002​ ​ Considerations​ - Supply/manufacture D - Devices/syringes used in the supply/manufacture/administration of PD on/in premise R - Records/documents etc. relating to the supply/manufacture of PD I - Internal/external construction intended to prevent/delay the entering/re-entering of police into premise or give alarm L - Lookouts at premise to give alarm of police officers F - Firearms/prohibited weapons at premise A - Persons in premise affected by prohibited drugs M - Money - large amounts of money unexplained by owner/occupier P - Police officer wilfully prevented entry/re-entry or delay into premise Considerations - cultivation of PP by enhanced indoor means (EIM = premise in which plants are treated to WAR; nutrient enriched WATER, treated with artificial lights/heat, roots exposed and treated with nutrients/chemicals) P - Police officer/s wilfully prevented entry-re-entry or delay into premise I - Internal/external construction (door bar/chain) designed to prevent entry/re-entry of delay of police L - Lookouts for police at premise E - Equipment (lights above 250w, fluorescent lights on r/b spectrum, lamps, growing chambers) R - Records/literature relating to the cultivation of prohibited plants by enhanced indoor means C - on premise/person; cannabis seeds, leaf, plant clones M - on premise/person; minerals, chemicals, nutrients or their packaging H - abnormally high/low electricity consumption at premise U - unauthorised connection/bypass of electricity B - boarded up/blacked out windows or condensation D - draft excluders on external doors A - persons appear affected by drugs made from prohibited plants M - large amounts of money unaccounted for by owner/occupier G - generators running constantly at premise A - air exhausts, fan systems at premise S - security devices (CCTV etc) installed at premise Involving drugs other than Cannabis leaf, oil or resin.​ ​

Question 51

Given the same scenario?​ ​ Where do police have the power to apply for a drug search warrant outside of section 47 of LEPRA?​ ​ ​

Answer 51

Section 140 of LEPRA – Issue of search Warrant for Suspected Drug Premises ​ ​ (1) A police officer who is in charge of an investigation into the suspected use of premises as drug premises may apply to an authorised officer for a search warrant in respect of the premises if the officer has reasonable grounds for believing that the premises are being used for the unlawful supply or manufacture of any prohibited drug or the unlawful cultivation of prohibited plants by enhanced indoor means.​ (2) An authorised officer to whom such an application is made may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising any police officer to enter and search the premises.​ ​ ​

Question 52

What other powers and offences are available to police when a Drug Premises Warrant is granted?​ ​ ​

Answer 52

Section 140 - issued of SW for DP - allows police to apply for SW if BORG premise is used for supply/manufacture of PD, cultivation of prohibited plants by enhanced indoor means - allows police to enter and search Section 141 - powers to execute SW - may pass through, over, on adjacent premises etc. to gain entry - may break windows/door/partitions to enter - anything else reasonably necessary (s.231 general use of reasonable force) Section 142 - powers granted by DP SW - search any person on premise - arrest/otherwise proceed against any person at premise - seize and detain any firearm/any thing BORG connected with offence - seize any drug/plant/money - require any person on premise to disclose identity Section 143 - obstruct police etc - prevent entry to police - obstruct delay police - give alarm police - fail to disclose ID/give false details DMTA - offences 36X - person on DP 36Y - Person permit use of premise as DP (with child) 36Z - organising (assist) DP (with child)

Question 53

During your shift you had reason to stop and search a vehicle which had four occupants on board. Under the front passenger seat you found a loaded semi-automatic pistol. All occupants refused to answer any questions relating to the firearm.​ ​ ​ What inquiries and forensic examinations to assist with the investigation could you arrange to be conducted on the seized firearm?​ ​ ​

Answer 53

Firearms may be examined with regards to:​ ​ Check indices (ILS Index) for registration. ​ Tracing serial number through FRICS/IBIS (Firearms & Regulated Industries Crime Squad)​ Ballistic examination. ​ Fingerprint examination.​ DNA examination​ Metallurgist including recovery of serial number (Specialists in Metal Recovery)​ ​

Question 54

You are called to attend a toilet block in a local park within your LAC. Located within a toilet cubicle is a deceased 35 year old male. The deceased is hanging by a rope, tied in a noose around his neck from a roof beam. Located on the floor adjacent to the deceased’s wallet is a `suicide note’. Detectives and Forensic Service Police attended, examined and recorded the scene. ​ ​ What are the evidentiary requirements, that is, what is needed in your brief when preparing a brief of evidence for the Coroner? ​ ​ ​

Answer 54

Obtain statements from Police witnesses, civilian witnesses & next of kin (NOK). ​ Preserve the suicide note intact and retain it as an exhibit. The suicide note remains the property of the Coroner. Copies of the suicide note are not to be given out without permission from the Coroner. Forward the suicide note with the brief of evidence. ​ Gather evidence on behalf of the Coroner as to circumstances of the death, including the time of death, location of death, identity of deceased and cause/manner of death. ​ Records of the location and possible relevance of any medication /drugs found. ​ Enquire as to whether the NOK requires an inquest. Indicate this in your brief of evidence and also in your statement as OIC. ​ As OIC of the matter your statement needs to be very detailed and comprehensive. Your statement should summarise all evidence available regarding the matter, to provide an overall picture for the Coroner. You must, most importantly, include your opinion as to the cause of the death. ​ Both hearsay and opinion evidence should be included in statements in a brief of evidence for the Coroner (provided it is relevant to the facts of the matter) and may be admissible in Coroners Court.​ All conversations should be recorded contemporaneously. Remember you are the eyes and ears of the Coroner. The more detail you observe, the greater the descriptions you can provide to the Coroner as their investigating agent. ​ In the brief of evidence include photographs and sketches of the scene, statements from civilian and police witnesses. ​ If you require specialist advice contact the Coroners Liaison Unit, your local Coroners Liaison Officer, Criminal Investigators, Supervisor or Duty Officer.​

Question 55

Outline the Fire Investigation Checklist ​ ​

Answer 55

Scene Checklist ​ Cause and origin of the fire​ Description of damage and value (>$500k)​ Any evidence of forced entry​ Any smell of trace or accelerant​ Identify witnesses/CCTV​ Locate owner/occupier preceding and at the time of the fire​ Preserve evidence – establish crime scene​ Contact FSG to attend​ ​

Question 56

You receive a Subpoena to produce documents. Once you have gathered the documents, you should review them to consider whether a claim of Public Interest Immunity should be made to any part of the material.​ ​ List the categories of immunity that could be claimed against the information documents or things that have been subpoenaed? ​ ​ ​

Answer 56

D - Discipline/good order of a correctional centre I - Identity (RS/witness/comm. source (inc. ID/whereabouts witness protection program) N - deals with NATIONAL security O - relates to ONGOING investigation, disclosure would jeopardise investigation/safety of any participant S - SEXUAL history of complainant/witness A - Serious ALLEGATIONS against accused etc. subject of ongoing investigation U - Identity of UNDERCOVER OPERATIVE R - RISK of domestic strife by encouraging commission of other offences S - STATEMENTS supplied on the condition the contents wont be released P - identity of PARTICPANT in CONOP M - police METHODOLOGY, equipment, techniques not known to the public D - DOCUMENT which, if released, might facilitate other offences/allow offenders to avoid detection L - LOCATIONS of covert police premises and surveillance sites

Question 57

You are in the field and you encounter a person whom you may wish to utilise as a registered source. In the process of explaining the limitations upon the source relationship you explain to the source he may have to make a form of acknowledgement in respect of him being a “source”.​ ​ ​ List the five condition items in the Acknowledgement of Conditions Form to be signed by Sources:​ ​ ​ ​

Answer 57

P - PROSECUTION - unlawful acts undertaken by the RS will not protect them from prosecution from NSWPF (unless controlled activities under CONOP) R - RESPONSIBILITY - the responsibility of the NSWPF extends only to the acts done by the source authorised by the police I - IDENTITY - Police will make all efforts to protect their identity, however court may exercise discretion and disclose. C - CONTACT - restrictions on contact with handlers has been explained to RS E - EMPLOYEE - explained to RS that they are not an employee/agent of the NSWPF

Question 58

What are the three types of sources?​ ​ ​ ​

Answer 58

Principal ​ Access​ Eyes and Ears ​ ​ ​

Question 59

What are the three types of source registration and what are the two type of source recruitment? ​ ​ ​

Answer 59

Types of Registration​ One off Registration ​ Ongoing Registration ​ Dual Registration (Can only be approved by Source Management Unit). ​ ​ Types of Recruitment ​ Active ​ Volunteered ​ ​ ​ ​

Question 60

Explain the Human Source Management Process?​ ​ ​

Answer 60

Step 1: Recruitment (Active or Volunteered) ​ Step 2: Assessment ​ Step 3: Registration (One off, Ongoing or dual) ​ Step 4: Association (Document in contact advice report) ​ Step 5: Evaluation (Deactivation or Keep Active)​ Step 6: Benefit Provision (Sustenance and Assistance or Reward) ​ ​

Question 61

You arrest an offender for possessing a large quantity of prohibited drug. The offender is prepared to give you information that will help identify the supplier of the drug. You decide that the offender can assist your investigation and you register him as a Source. ​ ​ Explain the process of registering the Source and the considerations involved.​ ​ ​

Answer 61

Conduct Risk Assessment.​ Identify Source motivation (eg. reward / assistance / revenge).​ Explain relationship and reward aspects to Source.​ Arrange Supervisor meeting with Source. ​ Have Source sign Acknowledgement of Conditions and scan onto system.​ Register Source on system, including initial meeting.​ Consider the roles of Handler, Co-Handler, Controller and Senior Supervisor.​ Consider and also explain to the Source that the Source cannot become involved in criminal activity without coverage of a Controlled Operation Authority.​ ​

Question 62

The Source’s assistance results in a number of significant arrests. The Source now asks for assistance or a reward, or both. ​ ​ What type of assistance or reward is available and how are they obtained?​ ​ ​

Answer 62

Monetary reward by application to REAC (Reward Evaluation Advisory Committee) through the Source System, taking into account other assistance already provided and working expense monies already paid to the Source.​ ​ Affidavit of Assistance prepared for a sentencing court or letters of support for external agencies such as the department of housing. Assistance is submitted and approved through a Local Area Commander or Squad Superintendent, strictly confined to details of the assistance provided by the Source.​ ​

Question 63

You are the only person in the Detectives’ Office and the Custody Manager is not available at this present time. Police arrest a person whom they believe to may have acted in concert with others to commit a serious crime against a third party. As you know when a person is in custody there are certain obligations to be met with respect to that person’s custody. Those rights may be delayed in certain circumstances. ​ ​ Outline circumstances when the rights may be delayed​ ​ ​

Answer 63

Section 125 of LEPRA explains that a custody manage may delay certain rights under Part 9 if they reasonably suspect it will lead to: ​ An accomplice will avoid arrest​ Evidence will be concealed, fabricated, destroyed, lost, or witnesses tampered with.​ Recovery of person or property will be hindered​ Bodily injury will be caused to another person​ ​ Remember, that you can only delay rights for as long as reasonably necessary and in any event the right to obtain legal advice cannot be delayed.​ ​ ​

Question 64

You arrest a person and take that person to a police station where the Custody Manager enters the person into custody. ​ ​ Explain your knowledge of where you get the power to detain the person after arrest?​ ​ ​

Answer 64

Section 114 of Law Enforcement (Powers and Responsibilities) Act 2002 - allows for a person to be detained for the purposes of investigation.​ ​ A police officer may in accordance with this section detain a person, who is under arrest, for the investigation period provided for by section 115.​ A police officer may so detain a person for the purpose of investigating whether the person committed the offence for which the person is arrested.​ If, while a person is so detained, the police officer forms a reasonable suspicion as to the person's involvement in the commission of any other offence, the police officer may also investigate the person's involvement in that other offence during the investigation period for the arrest. It is immaterial whether that other offence was committed before or after the commencement of this Part or within or outside the State.​ The person must be:​ (a) released (whether unconditionally or on bail) within the investigation period, or​ (b) brought before an authorised officer or court within that period, or, if it is not practicable to do so within that period, as soon as practicable after the end of that period.​ ​ ​ ​

Question 65

Explain your knowledge of how long you can detain the person and what things (‘time outs’) may have an impact on the time you detain the person?​ ​ ​

Answer 65

Section 115 of the Law Enforcement (Powers and Responsibilities) Act 2002 - period that begins when the person is arrested and ends at a time that is reasonable having regard to all the circumstances, but does not exceed 6 hours unless extended by a detention warrant.​ ​ Section 117 of Law Enforcement (Powers and Responsibilities) Act 2002 outlines certain times to be disregarded in calculating investigation periods;​ C - Conveying the person to the station;​ P - Waiting for people with particular knowledge of the investigation etc;​ F - Waiting for facilities compliant with S281 Criminal Procedure Act e.g. ERISP room to become available;​ C - To allow the person to communicate with Friend, Relative, Legal Rep, Etc.​ C - To allow friend, relative, etc to attend the station;​ A - To allow the person to consult with friend, relative etc..;​ M - To arrange for and to allow the person to receive medical attention;​ I - To arrange for the services of an interpreter;​ B - BREAKS - To allow the person to rest or receive refreshments etc..;​ I - To allow for an identification parade;​ F - To conduct a forensic Procedure or make application for said procedure​ P - To prepare etc. for a detention warrant or search/crime scene warrant;​ B - To obtain breath test, blood/urine sample under Division 4 Part 10. ​ I - To allow the person to recover from the effects of intoxication etc..;​ C - To charge the person.​ ​

Question 66

You have arrested a suspect for an indictable offence and conveyed him to the Police Station for processing. Due to the nature of the offence you carried out a non-intimate forensic procedure on the suspect. Several months later the matter will be heard in the District Court as a result of a plea of not guilty. ​ ​ One of the major challenges in court is the successful police use of DNA evidence in the capacity of police to prove continuity. DNA kits have been designed to be tamper evident, however you must nevertheless show that the DNA evidence you have given is? ​ ​ ​

Answer 66

Properly taken in the first instance ​ Correctly identified and labelled ​ Ensure that part of the material is made available to the suspect as soon as practically possible. ​ Properly stored and transported to the Forensic and Analytical Science Service (FASS) laboratory (within five days)​ Properly analysed by the analytical laboratory ​ Correctly certified and matched to the correct person and, ​ Not tampered or interfered with by any person in any way during this process ​ Ensure that a copy of the forensic analysis results is made available to the suspect within 90 days after the results are available. ​ If doing so would prejudice the investigation, the results must only be made available a reasonable time before evidence of it is cited in any prosecution of the suspect for the offence. ​ ​

Question 67

When introducing DNA evidence to a suspect, it's important not to tell the suspect that their DNA was found at the crime scene. The evidence should be introduced on the basis that there has been a match between the suspect's DNA and DNA found at the crime scene.​ ​ What is the recommended approach to interviewing a suspect in relation to a DNA "match"? ​ ​ ​

Answer 67

1. Tell the suspect that DNA was found at (place) on (date) by police in relation to an offence (state offence) which occurred at/between (time and date).​ E.g.:"DNA has been found on (state where and on what the DNA was found, for example on clothes, a weapon, a broken window, a cigarette butt or drinking vessel at the crime scene or on a victim). Do you understand that?”​ ​ 2. Tell the suspect that the DNA evidence was taken to the Division of Analytical Laboratories for analysis and profiling.​ ​ 3. Tell the suspect whether or not there has been a match between the DNA found at the crime scene and the suspect's DNA. ​ E.g.:“I have been informed that chance of a person taken at random from the population matching the DNA profile is 3.1 million to one. I am also informed you match the DNA profile.”​ ​ Note: Do not tell the suspect that he or she has been identified by the offenders' index on the DNA database (I.E. PREJUDICIAL) ​ ​ 4. Ask questions that establish the suspect understands what you have said.​ 5. Ask the suspect to comment on the information. ​ Eg: "I believe that this DNA matches your DNA. Do you understand that? Can you explain to me how this DNA came to be on (insert item)?”​ ​ Evidence that the victim's DNA has been found on or in an item belonging to the suspect, such as in a car, on clothing or on the suspect may be introduced with the same approach being adapted for that purpose.​

Question 68

You attend the scene of a break and enter on a retail store in your LAC and a security guard tells you he witnessed a person he knows (a local adult criminal) run from the scene. You examine the scene and see blood on the ground outside the shop. After being provided the name and address of the suspect offender, you locate and arrest him.​ ​ You want to obtain a forensic sample from the suspect to arrange DNA analysis against the blood found at the scene. You also want to take a photograph of the injury to show that it is an injury consistent with the crime scene. ​ ​ What criteria need to be met to allow police to obtain a buccal swab and photograph?​ ​ ​

Answer 68

Suspect is under arrest.​ Suspect is alleged to have committed an indictable offence (Prescribed Offence).​ Suspect is an adult.​ Suspect gives informed consent to the procedure (Consider Section 7 and 9 of the Crimes Forensic Procedure Act).​ Consider Section 11, “There must be reasonable grounds to believe that the procedure might produce evidence tending to confirm or disprove the suspects involvement”. ​ ​

Question 69

If the suspect were a Young Person (over the age of 10 years) what other criteria or considerations are involved?​ ​ ​

Answer 69

Suspect is under arrest.​ Suspect is alleged to have committed an indictable offence.​ Suspect under 18 cannot consent to Forensic Procedure.​ Application needs to be made to Authorised Justice​ Section 11 applies: Reasonable grounds the forensic procedure might produce evidence tending to confirm or disprove that the child committed the offence​ The application is justified in all circumstances.​ ​

Question 70

You are on duty in the detectives’ office and a phone call is put through to you. The caller indicates he has just arrived home and has received a phone call on his home phone. He says the caller told him they have kidnapped his daughter (12 years old) and are demanding two hundred thousand dollars by 5pm tomorrow for her release. They will contact later with more details.​ ​ What are the critical issues you should consider for all kidnappings for ransom?​ ​ ​

Answer 70

Treat the call as GENUINE.​ ​ Ensure at all times the police involvement stays COVERT.​ ​ At all times the PRIMARY OBJECTIVE of the police is the SAFE RETURN OF THE HOSTAGE.​

Question 71

What information should you seek from the victim? ​ ​ ​ ​

Answer 71

A line of contact, preferably separate to the one the call came in on i.e. mobile phone. This avoids tying up the phone the call came in on.​ ​ When was the last time he saw/spoke to the hostage?​ ​ Who has he told?​ ​

Question 72

What information should you give the victim?​ ​

Answer 72

Assurances that the police will treat his call as serious and urgent.​ ​ Give him a password so he knows any future calls are genuinely from the police.​ Give a direct phone number for contact so it is not missed ​ Advise him not to talk to anyone else or go anywhere until State Crime Command detectives have spoken him to. This will be very soon.​

Question 73

What should you do as a priority?​ ​ ​

Answer 73

IMMEDIATELY CONTACT the Robbery & Serious Crime Squad, State Crime Command, or the DOI after hours. This is MANDATORY.​ ​ Inform your Duty Officer or Commander.​ ​ Assume it is genuine.​ ​ Do not discuss the matter with anyone else.​ ​ NEVER ATTEND THE PREMISES OF THE VICTIM OR HAVE THEM COME TO THE POLICE STATION ​ ​ THE CONSEQUENCES OF ANY MISTAKES MAY BE THE DEATH OF THE HOSTAGE ​ ​

Question 74

You are investigating a sexual assault.​ ​ When taking a statement from the victim what victim support issues should you consider? ​ ​ ​

Answer 74

SR TSGE LPC IM CPR E (15) S - SENSITIVE - Ensure investigator is SENSITIVE/respectful and establishes rapport with victim R - ROLES - Explain the ROLES of police, and the statement taking/court process T - TIME - Explain the length of TIME the statement is likely to take (and they can take breaks) S - SUPPORT - Explain they can have a SUPPORT person present G - GENDER - Identify the victims preference for GENDER of investigator taking statement E - ELECTRONICALLY (recorded) - Consider if victim is vulnerable person/child. ELECTRONICALLY recorded interview may be used as evidence in chief at court (s.283C of the Criminal Procedures Act) L - LOCATION - Consider the LOCATION and timing of the statement (convenience to victim) P - PRIVACY - ensure the victims PRIVACY and identity are safeguarded C - CULTURAL - Consider the cultural (etc.) background of the victim (race, sexuality, age, gender) and consider liaison/support officers I - INTERPRETERS - consider INTERPRETERS if require M - MENTAL (health) - Consider the MENTAL health of the victim (both generally (mental health disorder) and due to SA. May not be able to proceed with statement or make informed consent (support person/relative) C - COPY (statement) - advise victim of their right to have a COPY of their statement (withhold statement if its release would hinder the investigation) P - PROTECTION - consider the necessity of PROTECTION orders for victim (AVO/PVO) R - REFERRAL - ensure the victim is referred to/made aware of available support services (Rape Crisis Centre) E - EXPLAIN (next steps) - before the victim leaves, EXPLAIN the next steps in the process and obtain their preferred method of contact for updates etc (duh)

Question 75

What is the definition of sexual intercourse? ​ ​ ​

Answer 75

Section 61HA of the Crimes Act 1900 defines sexual intercourse as (four aspects): 1. The penetration to any extent of genitalia/anus of a person by: - any part of the body of another person - any object manipulated by another person 2. The introduction any part of a persons genitalia to the mouth of another person 3. The application of a persons mouth/tongue to the female genitalia 4. The continuation of any of the three above

Question 76

A child reports to you that they have been Sexually assaulted. ​ ​ What are the procedures that you need to consider in the care and protection of the child?​ ​ ​

Answer 76

IM DR (DI)LF PC I - IMMEDIATE (safety) - Immediately ensure the IMMEDIATE safety of the child M - MEDICAL - arrange urgent MEDICAL attention for the child (if required e.g. historical) D - DUTY (officer) - report to the DUTY officer, Investigations Manager, and Child Abuse Unit (CAU) R - RECORD - Record all relevant information, exact words of the child/person reporting (you may be first complainant) D I - DONT INTERVIEW - DON'T question or INTERVIEW the child (unless appropriately trained) L - LISTEN - LISTEN to any concerns of the child/young person and explain the role of police in protecting them F - FACS - FACS notification P - PROTECTION - consideration of PROTECTION orders (AVO/PVO) C - CARERS - Consideration of CARER involvement (POI in household etc)

Question 77

You respond to a call to attend a party at a house in your area. VKG inform you that a young female adult has been sexually assaulted outside this location in a motor vehicle by a male partygoer. When you arrive you observe two adult females sitting outside the house on the kerb. One of the females is crying and her clothes have been torn. The described vehicle is nowhere in sight. ​ ​ As the first investigator what initial courses of action do you take next? ​ ​ ​

Answer 77

DRS PENIS D - DUTY (officer) - Duty officer and supervisor to be notified immediately R - RESPECT - Respond in a RESPECTFUL and supportive manner. Treat with RESPECT and dignity. Consider support person. S - SAFETY - Assess the victim SAFETY and wellbeing. Assess if they require urgent medical attention (call ambulance). P - PRIVACY - if medical attention (hospital) not required, consider the PRIVACY of the victim, take them to a quiet, comfortable PRIVATE location (consider taking back to police station) E - EAT, DRINK, WASH - Explain crime scene preservation, if they are willing to have police intervention (explain that process also). Advise them (respectfully) not to EAT, DRINK, SMOKE, or WASH as they are a crime scene. N - NOTEBOOK - Record victim details/conversation had with victim in NOTEBOOK (inc. exact words used by victim to report sexual assault). Don't question at length - organise a statement at appropriate time. Record observations of; victims demeanour, level of intoxication, injuries. Record witness details/who victim has told about sexual assault (first complainant). Record all actions taken at scene. I - IDENTIFY - IDENTIFY and preserve and crime scene (primary/secondary, authority, etc), IDENTIFY exhibits at scene (Victim, clothing, mobile phones - nature of assault will determine what you take), IDENTIFY witnesses/first complainant, IDENTIFY POI's (determine if known by victim, obtain all details known by victim and circulate on radio) S - SAIK - advise the victim of their right to have a SAIK taken and the general process, and the role of the sexual assault service

Question 78

Prior to the arrival of Crime Scene Examiners you must ensure correct crime scene preservation. ​ ​ What guidelines should you follow? ​ ​ ​

Answer 78

HADEE FAW CPR H - HAZARDS - assess HAZARDS and take appropriate action A - AID - render/arrange first AID where required D - DETERMINE (CS) - DETERMINE the NATURE and SIZE of the crime scene E - ESTABLISH (CS) - ESTABLISH the crime scene (s.90 LEPRA - when a crime scene can be established), consider inner and outer perimeters and exclusion zones, consider primary and secondary crime scenes, define the boundary of the crime scene with crime scene tape E - ENTRY/EXIT - determine an entry and exit point for the crime scene (one not used by victim or POI), note/identify the point of entry F - FORENSICS - consider the preservation of forensic evidence and avoid contamination. Consider cross contamination A - ASSISTANCE - Advise supervisors (14/10 etc), arrange for assistance with crime scene as appropriate in circumstances (FSG/CS analysis, specialist squads for crime types, Rescue etc. lights, dog/polair) W - WITNESSES - remove all people (if not done already) through designated entry/exit point. Seperate witnesses and record all details (D/L) (s.11 LEPRA - ID required to be disclosed (name/address) if assist with investigation of IO and person present/nearby (s.19 - proof of ID required) C - CONTROL - CONTROL/PREVENT access to scene, utilise crime scene tape/crime scene guards P - PRESERVE - PRESERVE/Protect exhibits/evidence that may be endangered from weather etc. record any actions taken if exhibits moved R - RECORD - Appoint a person to RECORD a crime scene log which records; time of entry/exit, name/rank, signature, reason for entering. RECORD anything done at the scene which may have changed the crime scene (forced entry etc.)

Question 79

Outline the circumstances of aggravation for a sexual assault offence as defined in Section 61J of the Crimes Act 1900​ ​ ​

Answer 79

A OG CU UP CBD A - ABH - POI (at time of/immediately before/after) occasions ABH to complainant/other person O - OFFENSIVE (weapon/instrument) - POI "" threatens ABH to complainant/other person armed with an OFFENSIVE weapon/instrument (Dangerous weapon, anything made or adapted for offensive purposes, anything that, in the circumstances, is used intended to be used for offensive purposes (whether or not ordinarily etc) G - GBH - POI threatens GBH to complainant/other person C - COMPANY - POI in company of another person/s U - UNDER (16) - at time of offence VIC was under the age of 16 U - UNDER (authority) - at time of offence, victim was UNDER the authority of the POI (whether generally or at the time of offence_ P - PHYSICAL - victim has a serious PHYSICAL disability C - COGNITIVE - victim has a COGNITIVE impairment (s.61HD; I (Intellectual disability), D (Developmental disorder (autism), N (Neurological disorder), D (Dementia), S (Severe mental illness), B (Brain injury) B - BREAKS/ENTERS - POI BREAKS/ENTERS into any dwelling house/other building with intent of committing THE offence or other serious indictable offence) D - DEPRIVE (liberty) - POI DEPRIVES victim of liberty before/after offence

Question 80

A woman brings a child to the station and asks to speak to the detectives. You are made available and you speak to the woman. The woman tells you her 7 year old son has been sexually assaulted. ​ ​ What are the initial steps you would take in investigating this matter?​ ​ ​

Answer 80

DRS PENIS D - DUTY (officer) - Duty officer and supervisor to be notified immediately R - RESPECT - Respond in a RESPECTFUL and supportive manner. Treat with RESPECT and dignity. Consider support person. S - SAFETY - Assess the victim SAFETY and wellbeing. Assess if they require urgent medical attention (call ambulance). P - PRIVACY - if medical attention (hospital) not required, consider the PRIVACY of the victim, take them to a quiet, comfortable PRIVATE location (consider taking back to police station) E - EAT, DRINK, WASH - Explain crime scene preservation, if they are willing to have police intervention (explain that process also). Advise them (respectfully) not to EAT, DRINK, SMOKE, or WASH as they are a crime scene. N - NOTEBOOK - Ascertain from the mother what has happened (not in the presence of the child) to lead her to believe her son was sexually assaulted, i.e. words spoken by the child, actions witnessed, or belief. Make notes in relation to what is told to you by the mother and anything said by the child.​ Record all details in NOTEBOOK ( (inc. exact words used by PR). OFFENCE NEEDS TO BE DISCLOSED FOR CAS TO INVESTIGATE - Don't interview child, keep questions to an absolute minimum/be advised by advice from CAS etc.) NOTIFY - NOTIFY Child Protection Hotline and CAS coordinator (DOI after hours). JIRT will be activated if requires immediate response. I - IDENTIFY - IDENTIFY and preserve and crime scene (primary/secondary, authority, etc), IDENTIFY exhibits at scene (Victim, clothing, mobile phones - nature of assault will determine what you take), IDENTIFY witnesses/first complainant, IDENTIFY POI's (determine if known by victim, obtain all details known by victim and circulate on radio) S - SAIK - If the offence took place within the last 7 days the child will need to be medically examined/SAIK completed.

Question 81

A person within your LAC wishes to report a fraud. ​ ​ Discuss the standing operating procedures for the acceptance of a report of fraud When the person attends your station to report the fraud?​ ​ ​

Answer 81

Create an event on COPS ​ Include details of the allegation ​ Include in the narrative Fraud Assessment Form given ​ Write the event number on Fraud Assessment Form ​ Advise them that they must complete the form before an investigation can be launched. ​ Advise them to attach copies of supporting documents to the Fraud Assessment Form ​ Explain it will be assessed by an Investigations Manager ​ ​

Question 82

A person within your LAC wishes to report a fraud. ​ ​ Discuss the standing operating procedures for the acceptance of a report of fraud when someone telephones your station to report the fraud?​ ​ ​

Answer 82

Give the caller the choice of either attending any police station convenient to them OR​ ​ Send the caller a Fraud Assessment Form to complete and return OR ​ ​ Refer them to PAL where relevant.​ ​

Question 83

A person within your LAC wishes to report a fraud. ​ ​ Discuss the standing operating procedures for the acceptance of a report of fraud when you receive a Fraud Assessment Form by mail? ​ ​ ​

Answer 83

Update the COPS event​ ​ If there is no event number on the form (this can happen when they have been mailed out in response to a telephone report for example) create a COPS event​ ​ Forward the Fraud Assessment Form to the Investigations Manager for assessment ​ ​

Question 84

A person within your LAC wishes to report a fraud. ​ ​ Discuss the standing operating procedures for the acceptance of a report of fraud when you receive the fraud report through the mail without a Fraud Assessment Form? ​ ​ ​

Answer 84

Create an event on COPS ​ ​ Include the event number on the Fraud Assessment Form ​ ​ Return the report and any documentation with a Fraud Assessment Form to the person making the report ​ ​

Question 85

A person within your LAC wishes to report a fraud. ​ ​ Discuss the standing operating procedures for the acceptance of a report of fraud Where you receive a report of fraud that occurred outside your area?​ ​ ​

Answer 85

Take the report and create a COPS event​ ​ If the matter needs to be sent to another station include this information in the COPS event narrative and give the victim the address of that location. Include this information on the Fraud Assessment Form so they can send it to the appropriate LAC. (Complete Dissemination Action)​ ​

Question 86

You have received information that an offender wanted for a serious crime is living at an address within your LAC. You have been tasked with preparing a set of Operational Orders planning the arrest of the suspect. ​ ​ Briefly describe the Operational Orders format (headings)?​ ​ ​

Answer 86

Operational Orders are prepared in the S.M.E.A.C.S format:​ Situation ​ (includes topography and general info) Mission​ (concise mission statement) Execution​ (general outline/phasing, group details/taskings, timings, coordinating instructions, contingencies) Administration and Logistics​ (Dress, PPE, meals, transport, prisoner management, media, stand down area, accommodation) Command and Control. (Operation commander, case officer, forward commander, command locations, communications) Safety Check (Safety check officer, medical contingencies, communications checks etc)

Question 87

Where a search warrant is to be executed in exigent or urgent circumstances what risk appreciation factors should be considered in your snap orders? ​ ​ ​

Answer 87

Snap orders are informed by a dynamic risk assessment process which is preferably recorded. Considerations should include: ​ RP RP I C ​ Risk to Police ​ Risk to Public ​ Investigative Risks​ Community Risks ​ ​

Question 88

​ What are some of the risk factors associated with the preparation of those orders you should consider? ​ ​ (NOT OPERATIONAL RISK ASSESSMENT)​ ​ ​

Answer 88

Timings not clearly identified.​ Roles not clearly defined.​ Supervision not maintained throughout all phases of the operation.​ Contingency plans have not been considered to facilitate changes during the execution phase.​ Officer Safety and Occupational Health and Safety issues not given appropriate consideration.​ Duty of care for police officers and other persons not maintained. ​ Inadequate measures to guarantee the security and accountability of documentation and appropriate restrictions on sensitive information. ​ Critical information not checked for compliance, completeness, timeliness, acquittance, value and integrity. ​ Material relied upon for the operation not checked for accuracy and recency. e.g. maps, directories, photographs etc. ​ Inefficient or inappropriate application of resources used in the operation. ​ Failure to check essential equipment intended for use during the operation.​ ​

Question 89

What can you tell me about a Police Officer’s Power of Arrest as outlined in Section 99 of LEPRA?​ ​ ​

Answer 89

​ Section 99(1)(a) police officer may, without a warrant, arrest a person if the police officer suspects on reasonable grounds that the person is committing or has committed an offence, and​ Section 99 (1)(b) if the police officer is satisfied that the arrest is reasonably necessary for any one or more of the following reasons:​ ​ F - Fleeing from police/scene​ I - Identity of person to be established​ N - Nature and seriousness of the offence​ E - Evidence relating to the offence to be preserved, prevent fabrication. ​ C - Committing another offence or repeating offence​ H - Harassment or interference with witnesses​ A - Appearance before the court to be ensured​ P - Property relevant to the offence to be secured​ S - Safety and welfare of any person to be protected​ ​ Section 99(2) A police officer may also arrest a person without a warrant if directed to do so by another police officer. ​ Section 99(3) A police officer who arrests a person under this section must ASAP take the person before an authorised officer to be dealt with according to law.​ Section 99 (4) A person who has been lawfully arrested under this section may be detained by any police officer under Part 9 for the purpose of investigating the offence ​ Section 99(5) This section does not authorise a person to be arrested for an offence for which the person has already been tried.​ Section 99(6) For the purposes of this section, property is connected with an offence if it is connected with the offence within the meaning of Part 5.​ ​ ​

Question 90

What can you tell me about the power of a police officer to enter a premises to arrest a person without a warrant as outlined is Section 10 of LEPRA?​ ​ ​

Answer 90

(1) A police officer may enter and stay for a reasonable time on premises to arrest a person, or detain a person under an Act, or arrest a person named in a warrant.​ ​ (2) However, the police officer may enter a dwelling to arrest or detain a person only if the police officer believes on reasonable grounds that the person to be arrested or detained is in the dwelling.​ ​ (3) A police officer who enters premises under this section may search the premises for the person.​ ​ (4) This section does not authorise a police officer to enter premises to detain a person under an Act if the police officer has not complied with any requirements imposed on the police officer under that Act for entry to premises for that purpose.​ ​

Question 91

What can you tell me about the power of a Police Officer to require a person to provide their identity generally, as outlined in Section 11 of LEPRA?​ ​ ​

Answer 91

(1) A police officer may require a person whose identity is unknown to the officer to disclose his or her identity if the officer suspects on reasonable grounds that the person may be able to assist in the investigation of an alleged indictable offence because the person was at or near the place where the alleged indictable offence occurred, whether before, when, or soon after it occurred.​ ​ (2) A police officer may require a person whose identity is unknown to the officer to disclose his or her identity if the officer proposes to give a direction to the person in accordance with Part 14 for the person to leave a place.​ ​ NOTE: Part 15 Safeguards Apply ​ ​

Question 92

What can you tell me about the power of a Police Officer to require a person to provide their identity in relation to persons in vehicles as outlined in Section 14 of LEPRA? ​ ​ ​

Answer 92

(1) A police officer who suspects on reasonable grounds that a vehicle is being, or was, or may have been used in or in connection with an indictable offence may do any one or more of the following:​ ​ (a) require the driver of the vehicle to disclose his or her identity and the identity of any driver of, or passenger in or on, the vehicle at or about the time the vehicle was or may have been so used or at or about the time the vehicle last stopped before the requirement was made or a direction was given to stop the vehicle,​ ​ (b) require any passenger in or on the vehicle to disclose his or her identity and the identity of the driver of, or any other passenger in or on, the vehicle at or about the time the vehicle was or may have been so used or at or about the time the vehicle last stopped before the requirement was made or a direction was given to stop the vehicle,​ ​ (c) require any owner of the vehicle (who was or was not the driver or a passenger) to disclose the identity of the driver of, and any passenger in or on, the vehicle at or about the time the vehicle was or may have been so used or at or about the time the vehicle last stopped before the requirement was made or a direction was given to stop the vehicle.​ ​ (2) Nothing in this section limits the operation of section 11. ​ ​ NOTE: Part 15 Safeguards Apply ​

Question 93

What can you tell me about the power of a Police Officer to apply for a search warrant as outlined in Section 47 of LEPRA?​ ​ ​

Answer 93

(1) A police officer may apply to an eligible issuing officer for a search warrant (other than a criminal organisation search warrant) in respect of any premises if the police officer believes on reasonable grounds 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​ ​ (2) Without limiting subsection (1), a police officer may apply to an eligible issuing officer for a search warrant if the police officer believes on reasonable grounds that a child prostitution offence has recently been committed, is being committed, or within 72 hours will be committed, on or with respect to premises.​ ​ (3) An eligible applicant may apply to an eligible issuing officer for a covert search warrant to authorise the covert entry and search of premises if the eligible applicant:​ suspects on reasonable grounds that there is, or within 10 days will be, in or on the premises a thing of a kind connected with a searchable offence in relation to the warrant, and​ considers that it is necessary for the entry and search of those premises to be conducted without the knowledge of any occupier of the premises.​ ​ (3A) An eligible applicant may apply to an eligible issuing officer for a criminal organisation search warrant in respect of premises if the eligible applicant has reasonable grounds to suspect that there is, or within 7 days there will be, in or on the premises a thing connected with a searchable offence in relation to the warrant.​ ​ (4) To avoid doubt, an application may be made under this section with respect to an act or omission that would be a searchable offence for the warrant if done, or omitted to be done, in New South Wales even though the act or omission occurred outside New South Wales and was not an offence against the law of New South Wales.​ ​ NOTE: Child prostitution offence means an offence under section 91D, 91E, 91F or 91G of the Crimes Act 1900.​ ​

Question 94

With reference to search warrant applications, what is a searchable offence? ​ ​ ​

Answer 94

Section 46A of LEPRA ​ ​ For the purposes of this Part "searchable offence" in relation to a warrant; (a) means any of the following:​ ​ An indictable offence,​ Firearms or prohibited weapons offence,​ A narcotics offence,​ A child abuse material offence,​ An offence involving a thing being stolen or otherwise unlawfully obtained, and​ A 'computer offence'​ ​ (b) if the warrant is a covert search warrant--means a serious offence (7 years), and​ ​ (c) if the warrant is a criminal organisation search warrant--means an organised crime offence. (ORG. Crim activity – finacial/material reward/serious violence offence)​ ​

Question 95

When can a police officer establish a crime scene, as outlined in Section 90 of LEPRA?​ ​ ​

Answer 95

Section 90 - When crime scene may be established​ (1) A crime scene may be established on premises by a police officer if the police officer suspects on reasonable grounds that: ​ ​ an offence committed in connection with a traffic accident that has resulted in the death of or serious injury to a person is being, or was, or may have been, committed on the premises and that it is reasonably necessary to establish a crime scene in or on the premises to preserve, or search for and gather, evidence of the commission of that offence, or​ a serious indictable offence (>5 Years) is being, or was, or may have been, committed on the premises and it is reasonably necessary to establish a crime scene in or on the premises to preserve, or search for and gather, evidence of the commission of that offence, or​ there may be in or on the premises evidence of the commission of a serious indictable offence that may have been committed elsewhere and it is reasonably necessary to establish a crime scene in or on the premises to preserve, or search for and gather, evidence of the commission of that offence.​ ​ (1A) A crime scene may also be established on premises by a police officer pursuant to the authority conferred by a crime scene warrant.​ ​ (2) To avoid doubt, a crime scene may be established, crime scene powers may be exercised and a crime scene warrant applied for with respect to an act or omission that is a serious indictable offence even though the act or omission occurred outside New South Wales and was not an offence against the law of New South Wales, if the act or omission if done, or omitted to be done, in New South Wales would constitute a serious indictable offence.​ ​

Question 96

Explain a police officers power to exercise crime scene powers with respect to Section 92 of LEPRA ​ ​

Answer 96

(1) A police officer may exercise any of the crime scene powers set out in section 95 (1) (a)-(l) if:​ (a) a crime scene has been established under this Part, and​ (b) the police officer exercising the power suspects on reasonable grounds that it is necessary to do so to preserve evidence of the commission of an offence in relation to which the crime scene was established.​ ​ (2) A police officer may exercise any of the other powers set out in section 95 (1), but only if:​ (a) a crime scene has been established under this Part, and​ (b) the police officer or another police officer applies for a crime scene warrant in respect of the crime scene, and​ (c) the police officer suspects on reasonable grounds that it is necessary to immediately exercise the power to preserve evidence of the commission of an offence.​ ​ (3) A police officer may exercise the crime scene powers conferred by this section for a period of not more than 4 hours (or not more than 6 hours in the case of a crime scene established in a rural area prescribed by the regulations), commencing when the crime scene is established, unless the police officer or another police officer obtains a crime scene warrant.​ (4) A police officer may exercise crime scene powers in relation to a crime scene whether or not the police officer is the person who established the crime scene.​ (5) A crime scene power that may be exercised by a police officer under this section (other than the powers set out in section 95 (1) (a)-(f) and (k)) may be exercised by a scene of crime officer, but only with the authority of the police officer who established the crime scene or is responsible for the crime scene at the time.​ (5A) A police officer may, in exercising crime scene powers conferred by subsection (1) at a crime scene, open a thing that is locked only if it is possible to do so without causing any damage to the thing or the lock​ (6) A crime scene power that may be exercised by a police officer under this section may be exercised by the police officer with the aid of such assistants as the police officer considers necessary.​ ​

Question 97

What are the implications for an investigator of Detention After Arrest legislation contained in Part 9 of LEPRA. ​ ​ ​

Answer 97

Under section’s 114 and 115 of LEPRA a police officer may detain a person, who is under arrest, for an investigation period of up to 6 hours or such longer period as may be authorised by a detention warrant under section 118 (up to a further 6 hours).​ ​ Following this the person must be: ​ Released (whether unconditionally or on bail) within the investigation period, or​ Brought before an authorised officer or court within that period, or, if it is not practicable to do so within that period, as soon as practicable after the end of that period.​ ​ An investigator must be conscious of the fact that there is a limit to the time that a person may be detained and must be aware of the factors that need to be considered in determining what is a reasonable time and what times are not included as part of the investigation period. Investigators should liaise with the custody manager during the investigation period to monitor the potential need to apply for a detention warrant. ​ ​

Question 98

In regards to Detention after arrest procedures, Police must not detain a person any longer than is reasonable. ​ ​ In determining what is a reasonable time, all the relevant circumstances of the particular case must be taken into account. Explain these circumstances. ​ ​ ​

Answer 98

Section 116 of LEPRA outlines the circumstances which must be considered: ​ The person’s age, physical capacity and condition and mental capacity and condition​ Whether the presence of the person is necessary for the investigation,​ The number, seriousness and complexity of the offences under investigation,​ Whether the person has indicated a willingness to make a statement or to answer any questions,​ The time taken for police officers connected with the investigation (other than police officers whose particular knowledge of the investigation, or whose particular skills, are necessary to the investigation) to attend at the place where the person is being detained,​ Whether a police officer reasonably requires time to prepare for any questioning of the person,​ The time required for facilities for conducting investigative procedures in which the person is to participate (other than facilities for complying with section 281 of the Criminal Procedure Act 1986) to become available,​ The number and availability of other persons who need to be questioned or from whom statements need to be obtained,​ The need to visit the place where any offence concerned is believed to have been committed or any other place reasonably connected with the investigation of any such offence,​ The time during which the person is in the company of a police officer before and after the person is arrested,​ The time taken to complete any searches or other investigative procedures that are reasonably necessary to the investigation (including any search of the person or any other investigative procedure in which the person is to participate),​ The time required to carry out any other activity that is reasonably necessary for the proper conduct of the investigation.​ ​ In any criminal proceedings in which the reasonableness of any period of time that a person was detained under this Part is at issue, the burden lies on the prosecution to prove on the balance of probabilities that the period of time was reasonable.​ ​ ​

Question 99

Outline the time-out periods listed in section 117 of LEPRA?​ ​ ​

Answer 99

TIMEOUTS - S.117 - CP FCC AMIB IF PBIC C - CONVEYING - Time taken to CONVEY the person to the police station P - POLICE - waiting for any POLICE or other person with particular knowledge/skills necessary to the investigation F - FACILITIES - waiting for FACILITIES to become available for complying with s.281 (admissions electronically recorded of indictable offences) C - COMMUNICATE - waiting to allow person to communicate with friend, relative, guardian, lawyer, consular official, independent person C - CONSULT - """" CONSULT with person (at station) A - ATTEND - """" time waiting for person to ATTEND station M - MEDICAL - time to arrange/allow for person to receive medical attention I - INTERPRETER - Time to arrange for INTERPRETER and time to arrive B - BREAKS - time for taking of BREAKS (rest, refreshment, toliet) I - ID (PARADE) - time to allow for arranging/conducting of ID PARADE F - FORENSIC (procedure) - time to allow for the carrying out of a FORENSIC PROCEDURE, or prepare order to magistrate for FORENSIC PROCEDURE P - PREPARE (application) - time to PREPARE, make, dispose of application for detention warrant, SW, CSW B - BREATH (test) - time for BREATH test/blood/urine analysis I - INTOXICATION - time to recover from the effects of INTOXICATION (alcohol/drugs) C - CHARGE - any time reasonably required to carry put CHARGE PROCESS

Question 100

Explain the facts/circumstances behind the case He Kaw Teh v The Queen 1985 ​ ​ ​

Answer 100

FACTS: The defendant had travelled by air from Kuala Lumpur to Melbourne and after he had disembarked at the airport his luggage was inspected by customs officials. In the course of the inspection he was found to be in possession of a bag which contained, in a false bottom, heroin. Although Teh was charged under the customs Act 1901 (Cth), the High Court expressly stated that the decision was applicable to all statutes where the element of possession of a narcotic substance was involved. ​

Question 101

Explain the concepts of possession and knowledge arising from the decision in He Kaw Teh V The Queen 1985​ ​

Answer 101

Gibbs C.J Held that: ​ “Possession connotes knowledge in the existence of the thing possessed. In charges involving the possession of drugs, the prosecution bears the onus of proving that the accused knew of the existence of the goods which were in a suitcase or other container over which he had exclusive physical control”​ ​ Gibbs C.J further stated: ​ “The jury should have been told that they could not find that the applicant had heroin in his possession unless they were satisfied that he knew it was in the suitcase”​ ​ Despite this, Gibbs C.J explained: ​ ​ “If the suspicions of an incoming traveller are aroused and he deliberately refrains from making inquiries for fear he may learn the truth, his willful blindness may be treated as equivalent to knowledge” (i.e. given a bag to carry in suspicious circumstances but does so without checking the contents). ​ ​ Brennan J highlighted: ​ ​ That in regards to suspicion, the onus lies on the prosecution to prove that the accused at the time of having physical custody or control of narcotic goods, knew of the existence and nature, or likely existence and nature of the goods. ​ ​ Thus in summary: Knowledge + Custody/Control = Possession ​

Question 102

Explain all of the police search powers under Part 4 of LEPRA​ ​

Answer 102

Section 21 – Power to Stop Search and detain a person, and seize things​ 1 (a-d) S - Stolen/unlawfully detained U - Used in connection with a relevant offence D - Dangerous Article used in connection with a relevant offence D - Prohibited drug/plant 2(a-d) Seize the above) Relevant offence - Indictable offence, Posess dangerous article in public place (not firearm), Firearms Act, Weapons Prohibition Act, Explosives Dangerous Article ((FFSPADE) F - Firearm F - Fuse/detantor S - Spear gun P - Prohibited weapon A - Discharge material causing ABH D - Discharging irritant material E - ​Explosives Section 23 – Power to search persons for dangerous implements without warrant in public places and schools​ Dangerous Implements (DAKMIL) DA - Dangerous Articles K - Knives (including razors) M - Anything Made/adapted for causing injury I - anything INTENDED, by person possessing it, to be used to INJURE/MENACE/DAMAGE property L - Laser pointer ​ Section 27 - Carry out Search on Arrest​ If PO SORG possess anything D - possess a DANGER E - assist in ESCAPING custody C - thing to which an offence was COMMITED E - thing that would provide EVIDENCE of an offence U - thing USED/intended to be USED in the commission of an offence​ Section 28A – Search in Custody ​ ​ Section 31 – Strip Searches​ At PS - if SORG is necessary for purpose of search Elsewhere - if SORG is necessary for purpose of search and the SERIOUSNESS and URGENCY make it necessary ​ Section 36 – Power to Stop Search and detain a vehicle, and seize things​ 1(a-f) S - contains anything STOLEN/unlawfully detained U - VEHICLE is USED in the commission of a relevant offence U - a THING in the vehicle USED in the commission of a relevant offence D - Dangerous Article D - Prohibited DRUG/PLANT S - circumstances exist on/in a school or public place that are likely to give rise to a SERIOUS RISK to PUBLIC SAFETY and the search of the vehicle may lessen that risk Section 42 - search of vessells/aircraft S U U D ​

Question 103

With respect to the search powers listed in Part 4 of LEPRA, what is considered a relevant offence under Section 20? ​ ​ ​

Answer 103

The following offences are "relevant offences" for the purposes of this Division: ​ ​ indictable offences, ​ an offence against section 93FB of the Crimes Act 1900 (Possession of dangerous articles other than firearms​ an offence against the Weapons Prohibition Act 1998, the Firearms Act 1996, or a regulation made under either of those Acts, ​ an offence against a provision of Part 2 of the Explosives Act 2003​ ​

Question 104

What are the three key requirements for evidence to be admissible? ​ ​ ​

Answer 104

Admissibility​ Relevant: (s.55 Evidence Act 1995)​ Reliable (s.165 Evidence Act 1995) ​ Fair (s.135 (general) - discretion to exclude evidence if its probative value is outweighed by danger of; being unfairly prejudicial to a party, misleading/confusing, cause undue waste of time 137 - criminal - must refuse to admit evidence if probative value outweighed by danger of unfair prejudice to defendant) 138 - evidence obtained improperly/illegally is not to be admitted UNLESS desirability of admitting outweighs desirability of not Evidence Act 1995)​

Question 105

What are the exceptions to the Hearsay Rule (S.59 of the Evidence Act)? ​ ​ ​

Answer 105

Exceptions​ F – First hand hearsay Section 62 A – Admissions of guilt. Section 81​ T – Tags and labels. Section 70​ B – Business records. Section 69​ I – Identification of person, place or thing. Section 66​ T – Telecommunication records. Section 71​ C – Contemporaneous statements regarding health and well-being. Section 66​ H – Hearsay for non-hearsay purpose. Section 60​ MU - Maker unavailable - Section 65 MA - Maker Available - Section 66

Question 106

Explain the three types of Evidence? And the three types of forensic Evidence? ​ ​

Answer 106

Evidence ​ Original evidence (witnesses/victims – things that people perceived with their 5 senses) ​ Documentary evidence (documents / written) ​ Real evidence (physical – blood, knife etc.) ​ ​ Forensic Evidence​ Physical Evidence – solid / liquid / gas, real and tangible, large or microscopic ie knife, gun, clothing etc​ Trace Evidence – very small, minute items that can be related to a common source eg small amount of vegetable matter, blood, soil etc ie gunshot residue​ Latent Evidence – Requires some type of development for visualisation eg fingerprint, slightly visible blood, semen etc not visible. ​ ​

Question 107

Explain the circumstances behind the cases of ​ ​ Streat v Bauer and Streat v Blanco (1998)​ ​

Answer 107

FACTS: At 1:00 am Police observe a small Datsun was seen traveling along Head Road Edgecliff. Police conducted checks on the vehicle which revealed a warning that “the vehicle may be used in Break and Enter Offences”. Three males of middle eastern appearance where seen in the vehicle and police decided to stop the vehicles. Police searched the occupants and the vehicle and during this the occupants resisted police. They were all charged with Resist Police. ​ ​ FINDING: The magistrate found that police had no reasonable grounds to search that vehicle or occupants. The magistrate explained that police need Some factual basis upon which they base their suspicion, it cannot merely be speculative. ​

Question 108

Explain aggravated sexual assault in company

Answer 108

Section 61JA - Aggravated sexual assault in company (life sentence) The accused, has sexual intercourse with a person without their consent, and knowing the other person does not consent C - And does so in the company of another person/s, who A - inflicts ABH on complainant/other person O - threaten ABH on complainant/other person by means of an offensive weapon/instrument D - Deprives complainant of their liberty Offensive weapon/implement: D - Dangerous weapon A - Anything made/adapted for offensive purposes I - anything that, in the circumstances, is used/INTENDED to be used for offensive purposes

Question 109

Explain the sexual consent laws under Section 61HI - Consent generally

Answer 109

Section 61HI - Consent generally (six points) 1 - A person consents to a sexual activity, if, at the time of sexual activity, they FREELY and VOLUNTARILY agree to the sexual activity 2 - A person may WITHDRAW CONSENT to sexual activity at ANYTIME (words/conduct) 3 - Sexual activity that continues AFTER CONSENT WITHDRAWN = no consent 4 - Person who does not offer VERBAL/PHYSICAL RESISTANCE to sexual activity is not taken to be consent 5 - Person who consents to ONE sexual activity is not taken to consent to ANY OTHER sexual activity (no anal) 6 - person who consent to sexual activity with ONE person one ONE occasion is not taken to consent to sexual activity; - with THAT person on ANOTHER occasion - with ANOTHER person on the SAME/OTHER occasion

Question 110

Explain the sexual consent laws under Section 61HJ - circumstances where there is no consent

Answer 110

Section 61HJ - Circumstances where there is no consent (11 points) A person does not consent to a sexual activity if the person: 1 - Doesn't say or do anything to communicate consent 2 - Doesn't have the capacity to consent to the sexual activity 3 - Is so affected by alcohol/drugs as to be incapable of consenting to the sexual activity 4 - is unconscious or asleep 5 - participates in the sexual activity because of FORCE, FEAR of FORCE/SERIOUS HARM, of any kind to them/another person/animal/property, regardless of; when the force/conduct occurs, whether its a single instance/part of pattern 6 - """" of COERCION/BLACKMAIL/INTIMIDATION, regardless of; when it occurs, single instance/part of ongoing pattern 7 - participates in sexual activity because they're unlawfully detained 8 - "" overborne by the abuse of a relationship of AUTHORITY/TRUST/DEPENDENCE 9 - :"" because the person is mistaken about the NATURE/PURPOSE of the sexual activity 10 - "" because the person was mistaken about the; IDENTITY of the other person/MARRIED to the other person 11 - "" because of a FRADULENT INDUCEMENT (doesn't include misrepresentation of income/wealth/feelings)

Question 111

Explain the sexual consent laws under Section 61HK - Knowledge about consent

Answer 111

Section 61HK - Knowledge about consent 1 - The accused is taken to know that another person DOES NOT consent to sexual activity if: a) the accused KNOWS the victim doesn't consent to sexual activity b) the accused is RECKLESS as to whether the victim consents c) any BELIEF the accused has/may have that the person consents to sexual activity is NOT REASONABLE in the circumstance 2 - a belief the accused has is NOT REASONABLE if the accused DID NOT, within a reasonable time before/at time of sexual activity, SAY OR DO ANYTHING to find out if the person consents 3 - ss2) ^^ does NOT APPLY if the accused shows (on balance of probabilities) they had a; COGNITIVE/MENTAL HEALTH IMPAIRMENT, which was as substantial cause of them not saying/doing anything to find out if victim consents The trier of fact must consider: - all the circumstances of the case (what the accused said/did (or didn't) - MUST NOT consider the self-induced intoxication of the accused