Lesson 1 Flashcards

(29 cards)

1
Q

6 duties of Police Officers

A
  1. Maintain law + order and protect life + property
  2. Prevent crime
  3. Detect criminals
  4. Maintain and uphold the statute law
  5. Control road traffic
  6. Assist at minor + major disasters
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2
Q

Policing focus

A
  1. Community safety
  2. Crime and justice
  3. Road safety
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3
Q

Statute Law

A

ENACTED laws made by PARLIAMENT

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4
Q

Case law

A

UN-ENACTED laws from JUDGES

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5
Q

D v O v P

A

Definition
Offence
Power

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6
Q

Definitions of words

A
  1. Check ACT
  2. Check CASE LAW
  3. Check LAW DICTIONARY
  4. Check DICTIONARY
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7
Q

What is an offence

A

ACT OR OMISSION which RENDERS THE PERSON doing it LIABLE TO PUNISHMENT

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8
Q

Types of offences

A
  1. Crimes
  2. Simple
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9
Q

WA criminal Courts

A
  1. Magistrates
  2. District
  3. Supreme
  4. Children’s
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10
Q

Statute of limitations

A

Criminal: NONE unless stated
Simple: 12 MONTHS unless stated

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11
Q

Elements of an offence

A

EVERY ELEMENT of offence MUST be proven BEYOND REASONABLE DOUBT

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12
Q

Burden of proof

A

Prosecution:
Burden of proving elements of offence belonging to prosecution

Defence:
Reversal of proof (proving insanity / intox)

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13
Q

Standard of proof

A

Prosecution: BEYOND REASONABLE DOUBT

Defence: prove matter to lesser standard; ON THE BALANCE OF PROBABILITIES

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14
Q

Can you do a stop and search based on system warnings and/or previous convictions

A

No

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15
Q

What three factors can determine if you have search rights

A

Time
Place
Circumstance

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16
Q

What section are attempts under in crime code

17
Q

An attempt must meet which 4 criteria

A
  1. Intention to commit an offence
  2. Act or omission to carry out that intention
  3. Must be more than mere preparation
  4. Non-fulfilment of offence
18
Q

How many points do you get for referencing an act. And what for

A

5
Title of offence
Section
Subsection
Paragraph
Name of the act

19
Q

What are principal offenders

A

Offenders all charged with the same offence as the person committing

20
Q

What are the 5 principal offenders

A

A actual offender
B enabler
C aider
D procurer
D counsellor

21
Q

Define Actual offender

A

Person who commits offence

22
Q

Define Enabler

A

Person who makes it possible for the offence to be committed

23
Q

Define Aider

A

Person who gives assistance or encouragement in committing the offence

24
Q

Define Procurer

A

Person who gets someone else to commit offence

25
Define Counsellor
Person who advises or tells someone how to commit the offence
26
What is procuring children (2 parts)
Child under 10 not criminally responsible. Sec 29 C.C Person who gets child under 10 to commit offence is liable. Sec 7 C.C
27
What is mode of execution immaterial
If a person counsels another to commit an offence and they commit another offence where it is a probable consequence. They are charge with counselling
28
Prosecution of common purpose
2 OR MORE persons with COMMON INTENT to perform offence. IN THE PROSECUTION of the offence commit ANOTHER offence which was a PROBABLE CONSEQUENCE. Both have committed the offence
29
What are the three elements of Accessories after the fact
1. Knowing AT THE TIME other person will commit offence 2. RECEIVES OR ASSISTS the offender 3. so offended may escape punishment