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Flashcards in Offences One Deck (66):
1

What are the ingredients of Intentional Damage?

Intentionally / damages / property OR intentionally / sets fire to / any tree or vegetation.

2

What are the practical action procedures for dealing with intentional damage complaints?

Systematic Approach (VAWSEIPO), safeguard property until owner returns, seize any evidence, ascertain the value of the property damaged and request court order for reparation to the victim.

3

What is meant by "Graffiti vandalism and tagging"?

Writing, painting, spraying or etching any building, structure or property.

4

What are the circumstances that must exist for it to be an offence to be in possession of graffiti implements?

In circumstances in which it can be reasonably inferred that the possessor intends to use the item(s) for such purpose.

5

What are two defences available where spray cans are sold to persons under 18 years of age/for use by such persons?

When documentation has been produced that caused the seller to honestly believe the purchaser was over 18, or by educational institutions to their students for coursework purposes.

6

Define the method in which spray cans must be stored to ensure retailer compliance with the Act.

They must be stored in such a way that members of the public cannot access those items without the assistance of a retailer or occupier of that shop.

7

What are the ingredients of Theft (takes)?

Dishonestly /
Without claim of right /
Takes /
Any property /
With intent to deprive any owner permanently of that property
OR With intent to deprive any owner permanently of any interest in that property.

8

What are the ingredients of Theft (uses or deals)?

Dishonestly /
Without claim of right /
Uses or deals with /
Any property /
With intent to deprive any owner permanently of that property
OR With intent to deprive any owner permanently of any interest in that property /
After obtaining possession or control of that property in whatever manner.

9

What matters should you consider when you receive a theft briefing from Comms?

Where is the exact location? What's the offender description? What's the offender's mode and direction of travel? What's the time delay? What's a description of the property?

10

What matters should you consider when you're EN ROUTE to a theft briefing from Comms?

Keep a lookout for the offender. Maintain communication with Comms. Note time/date/place in your notebook.

11

What matters should you consider while at the scene of a theft?

Locating and controlling the offender ASAP. Speaking to informant/victim and gaining details. Giving a SITREP back to Comms.

12

What should you consider when conducting a scene examination for a theft?

Check for property dropped or discarded by the offender. Check for footwear impressions/tyre treads. Look for areas likely to have fingerprints, and note lighting and layout of the scene.

13

What should you consider when conducting interviews for a theft?

Obtaining particulars and as many details about the property as possible. Get as many details on the offender as possible. Note scene layout and the positions of any eyewitnesses.

14

What should you consider when you have located the offender of a theft?

Accompany to police station. Search warrant/search subsequent to arrest. Conduct interview. Decide whether to charge via court summons or arrest.

15

What should your final action be when dealing with a theft, after the offender has been arrested/issued with a court summons?

Label and secure exhibits, inform NCO of the outcome and advise the victim of the action taken.

16

Why is the value of a theft important?

Because the penalties differ depending on the resale value of the items taken. Items over $1000 = up to 7 years, over $500 = up to 1 year, under $500 up to 3 months.

17

What are 3 other specific types of theft?

Theft by person in special relationship, theft by spouse, theft of animals.

18

What are the ingredients of assault?

Assaults /
Another person.

19

What are the ingredients of assault with a weapon?

Assaults /
Another person /
Using anything as a weapon
OR Having anything with him or her in circumstances that prima facie show an intention to use it as a weapon.

20

Define and give an example of a direct assault.

When the offender is responsible for the force behind the assault, e.g . bottling or punching someone.

21

Define and give an example of an indirect assault.

When the offender is indirectly responsible for the injuries of the victim, e.g. pulling a chair out from someone or striking their horse.

22

Define and give an example of transferred malice.

When there is an unintentional victim of the assault, e.g. an offender has attempted to punch someone, then the intended victim has ducked and they have assaulted someone else by accident.

23

Define and give an example of a conditional assault.

Assault that will/will not be carried out depending on conditions defined by the offender, e.g. "If you cross that line, I'll punch your lights out"

24

What are 4 situations where assault can be justified?

Parental control (not correction), Officers undertaking duties, breach of the peace, self defence.

25

What is implied consent in the context of assault?

Acts where consent is implied, such as a handshake, hongi, or within sports.

26

What is the investigation procedure for dealing with an assault victim (acronym)?

PCSWIM:

Photography
Clothing
S
Witnesses
Injuries
Medical

27

What is the investigation procedure for dealing with an assault offender (acronym)?

ACE:

Admission
Cuts
Exhibits

28

What are the ingredients of Robbery?

Theft /
Accompanied by violence
OR accompanied by threats of violence /
to any person
OR any property /
used to extort the property stolen
OR to prevent or overcome resistance to the property being stolen.

29

What are the conditions under which robbery becomes aggravated robbery?

When there is GBH to the victim, when more than one offender is present or when an offensive weapon is used.

30

What are the procedures on receipt of a robbery job?

Obtain details of the location of the offence, offender, informant and victim; whether or not medical aid is required; whether or not the offender is armed.

31

What must you inform your supervisor of on receipt of a robbery job?

Actions undertaken and facts obtained.

32

What are the procedures on arrival at a robbery job?

Preserve life and protect victim, conduct preliminary interview of victim.

33

What are the procedures if you arrive at a robbery job and serious injuries have occurred?

Obtain a dying statement if necessary; sketch position of victim in scene; note victims injuries, clothing and particulars; have a member of police escort victim to hospital; obtain ambulance staff particulars; do not move body if victim has died.

34

What are the procedures for dealing with the scene at a robbery incident?

Freeze, Control, Preserve.
Set scene boundaries WIDE.
Guard the scene.
Make notes and sketch plan of the scene.

35

What are the procedures for dealing with witnesses at a robbery scene?

Obtain particulars.
Conduct SEPARATE preliminary interviews.

36

What are the procedures for dealing with offenders at a robbery scene?

Control and Isolate.
Do not interview.
Do not arrest unless necessary to control.
Conduct preliminary search.
Note all actions and demeanor.
Read rights/caution.

37

What further action should you take at a robbery job after you have arrived and assumed control?

Sitrep to Comms ASAP. Brief senior staff arriving as to the situation.

38

What is the absolute minimal action you should take at a robbery scene?

Freeze, Control, Preserve.

39

When is the offence of robbery complete?

When theft and violence (or threat thereof) have both been carried out.

40

What are the ingredients of burglary (enters)?

Enters/Any building OR any ship OR any part of any building OR any part of any ship/without authority/with intent to commit an imprisonable offence in the building OR ship.

41

What are the ingredients of burglary (having entered)?

Having entered/any building OR any ship/remains without authority/with intent to commit an imprisonable offence in the building OR ship.

42

In terms of burglary, when is entry complete?

When any part of the body of the person or instrument used by the person is within the building or ship.

43

What steps should you take when examining a burglary scene?

Search systematically, bottom to top. Look for signs left behind by the offender - tyre tracks, fingerprints, property, indications of points of entry. Reconstruct what happened (Modus Operandi)

44

What information should you obtain when taking a burglary complaint?

Full particulars, full description of property (any identifying features, contents of the safe, value of each article stolen), insurance company details.

45

How would you demonstrate empathy towards a burglary victim?

Do not become desensitized. Discuss victim's worries and fears. Put them in touch with agencies that can assist. Follow Victims' Rights Act, offer advice for future prevention.

46

In terms of burglary, what are the procedures for undertaking area enquiries?

Take full particulars from everyone you speak to. Don't overlook speaking to neighbours, tradespeople, posties, etc. Interview each person properly. Always ask if there is anyone the person suspects.

47

What steps can you take to locate a burglary offender?

Locate juvenile haunts, visit second hand dealers and visit hotels.

48

What is meant by 'MO'?

Modus Operandi - The way an offender has undertaken an offence, i.e. are they a tidy searcher or do they make a mess? Do they have a particular method of entry/exit? Is there a particular item they always take?

49

When undertaking a burglary scene examination, what should you do in relation to the points of entry and exit?

Has the break been committed? How was entry gained? Was an instrument used? Look for fingerprints/clothing fibres/blood.

50

When conducting a burglary scene examination, what steps should you take to preserve evidence?

Ensure all evidence is secured. Label all exhibits with when/where/who it was found. Note all information on documents and in notebook. Draw a sketch of the premises showing where the articles were found.

51

What should you consider when approaching a burglary scene?

What type of premises is it? What assistance will I need? Park a short distance away and approach as quietly as possible. Consider waiting for dog handler if offender may still be on premises. Liase with key holder.

52

What are the ingredients of dishonestly using/obtaining a document?

Dishonestly/Without Claim of Right/Takes OR Obtains/Any Document/With intent to obtain/Property OR Service OR Pecuniary Advantage OR Valuable Consideration

53

What are the ingredients of dishonestly using or attempting to use a document?

Dishonestly/without claim of right/uses or attempts to use/any document/with intent to obtain/property OR service OR pecuniary advantage OR valuable consideration.

54

What are some examples of a document?

Eftpos card, CD, memory stick, bank statement, etc

55

What are the ingredients of dishonestly using/obtaining a document?

Dishonestly/Without Claim of Right/Takes OR Obtains/Any Document/With intent to obtain/Property OR Service OR Pecuniary Advantage OR Valuable Consideration

56

What are the ingredients of dishonestly using or attempting to use a document?

Dishonestly/without claim of right/uses or attempts to use/any document/with intent to obtain/property OR service OR pecuniary advantage OR valuable consideration.

57

What are some examples of a document?

Eftpos card, CD, memory stick, bank statement, etc

58

What are the ingredients of receiving?

Receives/Any property stolen OR Any property obtained by any other imprisonable offence/ knowing that property to have been stolen or so obtained OR being reckless as to whether the property had been stolen or so obtained.

59

What are some circumstances that may indicate that a receiver has been reckless as to whether the property had been stolen or so obtained?

Suspicious circumstances, hidden items, people with no money selling valuable items, items grossly undervalued.

60

Can someone receive money obtained from the sale of stolen goods and be charged with receiving? why?

The property received must be the original property stolen or so obtained, or PART of the original property or so obtained - it cannot have been converted into another form.

61

What is the difference between actual possession and constructive possession?

Actual possession is when the offender has control over the property and it is within his or her immediate possession. Constructive possession is when the offender has control over the property and it is not within his or her immediate possession, i.e. stored at a third party's premises.

62

What is the punishment of receiving equal to?

That of theft.

63

How can you prove guilty knowledge on the part of the receiver?

DUCCCA - Direct evidence, Undervalue of goods, Circumstantial evidence, Concealment of property, Conduct in relation to property, Amount or nature of property.

64

What are two situations where a receiving charge is not possible?

When a third party obtains the property (i.e. with intent of returning it to owner), if someone who has obtained the property by fraud passes it onto a third person, only if the original owner of the property has not complained to police or contacted the person who obtained it before it passed on to the third person.

65

What does the "Doctrine of Recent Possession" state?

That if a person is found in possession of property that has recently been stolen, this is sufficient evidence to justify a finding that the person is either the thief or a dishonest receiver, unless they can provide a suitable explanation for being in possession of the property.

66

What happens to the receiver of stolen property if the original thief cannot be prosecuted due to age or mental condition?

The receiver is charged with theft.