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Exam Prep RNZPC > Mental Health, Sexual Assaults and Drugs (2) > Flashcards

Mental Health, Sexual Assaults and Drugs (2) Flashcards

1
Q

How long can someone be detained for, for purposes of a medical examination or assessment examination?

A

six hours

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2
Q

Can a restricted or special patient be apprehended and returned to a hospital if absconded or AWOL?

A

Yes, at any time

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3
Q

How long do you have to apprehend and return a Compulsory Treatment Patient to hospital, if AWOL or absconded?

A

Three months, then a new order/application for compulsory treatment must be completed

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4
Q

Defence to an indecent charge

A

the defendant must prove that they had RGTB that they would not be observed

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5
Q

What seven key behaviours should you display when dealing with sexual assault victims

A

CALM TEA

Conduct your dealings in a sensitive and concerned manner

Accept they are telling the truth until there is evidence to prove the contrary

Listen to what they tell you, giving them an opportunity to tell their account in their words, even to just vent their feelings

Medical Attention

Treat them courteously

Explain the process you are following and why you need to follow that process

Advise of local counselling services where relevant

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6
Q

Suitable meaning of “consent” for sexual acts

A

Conscious and voluntary agreement

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7
Q

definition of obscenely

A

Offensive - a person would regard the act as disgusting, revolting or loathing

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8
Q

definition of “indecent act”

A

“not conforming with generally accepted

standards of behaviour, especially in relation to sexual matters”..

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9
Q

CA Section 125

A

Indecent act in a public place

Wilfully does

Any indecent act

In any place to which the public have or are permitted to have access

OR

Within view of any such place

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10
Q

CA Section 126

A

Indecent act with intent to insult or offend

With intent to insult or offend any person

Does any indecent act
In any place

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11
Q

CA Section 128 (1)(a)

A

Sexual violation by rape

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12
Q

CA Section 128 (1)(b)

A

Any person having unlawful sexual connection with another person

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13
Q

CA Section 128A

A

Allowing sexual activity does not amount to consent in some circumstances

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14
Q

CA Section 132 (3)

A

Indecent act on a child under 12

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15
Q

CA Section 134 (3)

A

Indecent act on a young person under 16

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16
Q

CA Section 135

A

Indecently assaults

Another person

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17
Q

CA Section 216H

A

Offence for everyone who intentionally or recklessly makes an intimate visual recording of another person

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18
Q

MHA Section 4

A

No discrimination

No compulsory treatment or assessment shall be ordered in respect of any person by reason only of:

That persons political, religious, cultural belief

Sexual preferences

Criminal or delinquent behaviour

Substance abuse, or

Intellectual disability

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19
Q

MHA Section 38

A

Assistance when person may need assessment

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20
Q

MHA Section 41

A

Police assistance of a DAO

Any member of police called upon in such circumstances may

Enter the premises by force if necessary
AND

detain the person in those premises until the assessment examination has been conducted
OR

Take the person to some other place nominated by the DAO for the purposes of a medical examination or an assessment examination and detain at the location until the examination has been conducted

21
Q

MHA Section 109

A

Police powers in relation to person appearing to be mentally disordered in public place

Any members of police may apprehend

Any person wandering at large in a public place
AND

Behaving in a manner that gives rise to a reasonable belief that he/she may be mentally disordered
AND

The member believes it is the interest of the person or public to do so

22
Q

MHA Section 110

A

Authority of doctor

Can issue a certificate to accompany a request for an assessment to be completed if they believe a person is mentally disordered.

23
Q

MHA Section 110A

A

Use of sedatives

Doctor may administer a sedative to the proposed patient If they consider it necessary

24
Q

MHA Section 110C

A

Police powers when urgent assistance is needed by a MEDICAL PRACTITIONER

Any member of police called upon in such circumstances may

Enter the premises by force if necessary
AND

Detain the person in those premises until the assessment examination has been conducted
OR

Take the person to some other place nominated by the medical practitioner, for the purposes of a medical examination or an assessment examination, and detain the location until the examination has been completed

25
Q

MHA Section 122B

A

Use of Force

Power to take or retake a person, proposed patient or patient

A power to detain a person, proposed patient or patient in sections 41, 109, or 110

A power to enter premises in section 41 or 110

26
Q

Drugs Act 1975 Section 7?

A 
Possession OR use of controlled drugs
	Procure
OR
Possess
OR
Consume
OR
Smoke
OR
Otherwise use
Any controlled drug
27
Q

What you need to prove a prima facie case for the possession/use of drugs

A

Possession
Knowledge of what the product was
Usable quantity

28
Q

defence against the charge of “possession of a needle”

A

if proven that the needle was obtained from an authorised outlet

29
Q

What are the common “First Schedule, Class A” drugs?

A 
methamphetamine (P) or (Ice)
LSD (Lysergide)
MEscaline
HEroin
Thalidomide
Cocaine
PCP
Psilocybine "mushroom"
30
Q

What are the common “Second Schedule, Class B” drugs?

A 
PART ONE:
Morphine
Opium
Amphetamine
Cannabis resin
Cannabis oil
MDMA (Ecstasy)
MST's
GHB (Fantasy) and GBL

PART THREE:
Pethidine
Methadone

31
Q

What are the common “Third Schedule, Class C” drugs?

A 
PART ONE:
BZP
Cannabis fruit
Cannabis leaf
Cannabis seeds
Coca Leaf

PART TWO:
Codeine

32
Q

What are the common “Fourth Schedule, Class C” drugs?

A

PART THREE:

Pseudoephedrine
Ephedrine

33
Q

MODA 1975 Section 9?

A

Cultivation of prohibited plants

Cultivates
A prohibited plant

34
Q

MODA 1975 Section 12?

A

Permits use of premises OR permits use of vehicle

Knowingly permits
Any premises
OR
Motor vehicle
OR
Other mode of conveyance
To be used for the purpose of the commission of an offence against the misuse of drugs Act 1975
35
Q

MODA 1975 Section 12A?

A

Possession of equipment, material, substances

Has in his possession
Any equipment or material capable of being used in or for, producing or manufacturing a controlled drug or in the cultivation of a prohibited plant
OR
Any precursor substance
With intent to use it for producing/manufacturing/cultivating a controlled drug

36
Q

MODA 1975 Section 13 (1)(a)?

A

Possession of instruments

Has in his possession
Any pipe
Or
Any utensil
For the purpose of the commission of an offence against the misuse of drugs act 1975
37
Q

MODA 1975 Section 13 (1)(aa)?

A

Possession of instruments

Has in his possession
Any syringe
Or
Any needle
For the purpose of the commission of an offence against the misuses of drugs act 1975
38
Q

What is the definition of “Mental Disorder”?

A

any person with an abnormal state of mind (whether continuous or intermittent nature) characterised by delusions or disorders of mood, perception, volition or cognition of such a degree that it:

  • poses a serious danger to the health OR saftey of that person OR others
  • seriously diminishes the capacity of that person to take care of themself
39
Q

What is the definition of “Restricted patients”?

A

subject to a compulsory treatment order but considered to present danger to the public

40
Q

What is the definition of a “Special Patient”?

A

detained by way of court order if found to be criminally insane OR unfit to plead. Also includes those on remand for psychiatric report

41
Q

Is a restricted AWOL patient considered unlawfully at large??

A

Yes

42
Q

What are the indicated amounts/quantity for a “possession for supply” charge of heroin/cocaine?

A

0.5g

43
Q

What are the indicated amounts/quantity for a “possession for supply” charge of cannabis cigarettes?

A

100

44
Q

What are the indicated amounts/quantity for a “possession for supply” charge of meth/morphine/MDMA?

A

5g

45
Q

What are the indicated amounts/quantity for a “possession for supply” charge of cannabis plant material?

A

28g

46
Q

S & S 2012 S. 20?

A

a warrantless search of places and vehicles for drugs (RGTB) to prevent CADD

47
Q

S & S 2012 S 21?

A

Can search anyone in the place or vehicle of section 20 for drugs

48
Q

S & S 2012 S 22?

A

a warrantless search of people for drugs with RGTB

Exam Prep RNZPC (7 decks)

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