PPP155: Law, Policy and Procedure Session 1B Flashcards

Question

What is a breach of the peace?

Answer 1

Removing someone for their safety or safety of others.

Answer 2

It is when you have TEA T- Total restraint of the personal liberty of another. E- Effective the moment a person is not free to come and go as he/she pleases. A- An Office plainly conveys by words or actions that a suspect is not free to leave.

Answer 3

These offences include murder, manslaughter, offences regarding the infliction of really serious injury when the person intended to do so, robbery, very serious sexual offences and drug offences involving Large quantities of drugs. -Tried by a jury in the district or Supreme court. -They are not included in the Table 1 or 2. - Usually involve 25 years imprisonment to life.

Answer 4

- It is an offence that can be held summarily. - It can be heard and determined in local court by a magistrate. - It can have a fine or up to 2 years in Gaol.

Answer 5

- Property damage that exceeds $5000. - Serious injury (GBH). - It is a listed T1 offence. - The prosecution and defence can bump it up.

Answer 6

- Property damage that is less than $5000. - Not a serious injury (Less than GBH). - It is a listed T2 offence. - The prosecution only can opt for trial.

Answer 7

This test is about the opinion of a reasonable person who was not directly involved in the situation.

Answer 8

This is a test taken from the point of view of the victim, offender, or any other person directly involved in the incident

Answer 9

Legal access and control.

Answer 10

Taking all reasonable steps to avoid acts or omissions which could be reasonable foreseen to harm a person(s).

Answer 11

Information captured in the admissible format that once tendered and accepted by the court proved or disproves the existence of a fact in issue in the court proceedings.

Answer 12

- Breaching the duty of care owed by one one person to another. - Failure to exercise reasonable care/skill.

Answer 13

Its is: - The Role of constable. - Office of constable. - Using own discretion. - Accountable for own actions. - Without having to refer to a higher authority.

Answer 14

- For Face value. - It is a case that looks like there is enough evidence to support the claim or charge before evidence from the defendant is taken into account.

Answer 15

This is when a person foresees that a particular result may come about because of a specific action, and still goes ahead with the action despite the potential consequences.

Answer 16

- An Arrest may be discontinued if the person is no longer a suspect or the reason for the arrest no longer exists. - If it is more appropriate to deal with the matter in another way.

Answer 17

(1) A police officer may enter premises if the Police officer believes on reasonable grounds that: (a) There is a breach of the peace or likely to be. (b) A person has suffered significant physical injury or there is imminent danger of significant physical injury. (2) A PO may stay on premises for as long as necessary in the circumstances.

Answer 18

(1) A Police officer may, without a warrant, arrest a person if: (a) The Police officer suspects on reasonable grounds that the person is committing or has committed an offence, and: ......(b)

Answer 19

Protection from personal Liability. - A member of the NSWPF is not liable for any injury or damage caused by act or omission, in the exercise of good faith of a function imposed by this or any other Act or law whether written or unwritten.

Answer 20

- Direct is the object, the heart of the matter. The gun used in a Shooting. - Circumstantial is the secondary evidence (fingerprints/blood).

Answer 21

- Legislation is an ACT voted in by parliament. - Policy is how to act under the legislation and follow it. - Policy can be broken as long as there is a valid reason. Legislation cannot be broken.

Answer 22

It is a like for like offence..

Answer 23

Relevant Reliable Fair

Answer 24

Thanks to: - Section 7 of the Police Act, Statement of values - Section 6 of the Police Act, Roles Missions and Functions. - Regulation 7, The Oath of Office. - These provide guidance and what to do and how to fulfil your role as a NSW Police officer.

Answer 25

- derived from the decisions of judges in past cases. “If a ruling was made on the basis of certain facts, and those facts happen again, the same ruling should apply”.

Answer 26

Parliament Law- Legislation. (civil + criminal Law)

Answer 27

- Applicable Driver Licence: A licence issued under any jurisdiction authorising the driver to drive one or more class of vehicle. Includes receipt for licence/foreign licence. - Applicable Interlock Driver Licence: A drivers licence with an interlock required. - Applicable Learner Licence: L Speed Limit = 90 km/h. Learner licence or receipt for such or foreign equivalent. - Applicable Provisional Licence: P1 Speed Limit = 90 km/h. P1 or P2 or applicable foreign jurisdiction. P2 Speed Limit = 100 km/h. - Foreign Driver Licence: Ordinarily a resident in a foreign country and not permanent Australian resident and has licence issued in country for which the person is a resident. - Learner Driver: Holds a learner licence for that class of vehicle and is learning to drive that vehicle. - Novice Driver: Holds an applicable learner, applicable provisional or an applicable interlock driver licence. - Special Category Driver: Coach, GVM exceeding 13.9 tonnes, public passenger vehicle, carries dangerous goods.

Answer 28

* Novice Range 0.001 – 0.019 g/210L. * Special Range 0.020 – 0.049 g/210L. * Low Range 0.050 – 0.079 g/210L. * Middle Range 0.080 – 0.149 g/210L. * High Range 0.150 g/210L and above!

Answer 29

* Grams per 210L of breath equivalent to: | * Grams per 100mL of blood

Answer 30

• It is an offence to: o Drive a vehicle, o Occupy driver's seat and attempt to put vehicle in motion, o Occupy supervising seat for a learner driver, • While the following PCA ranges are present in a person's breath/blood: o Novice Range + Novice Driver (L and P1&2 drivers). o Special Range + Special Category Driver. o Low / Middle / High Range + Applicable Driver Licence (Any licence). – Breath Analysis (or BAS) must be performed within 2 hours of the offence.

Answer 31

• It is an offence to: o Drive a vehicle, o Occupy driver's seat and attempt to put vehicle in motion, o Occupy supervising seat for a learner driver, • While a Prescribed Illicit Drug is present in the person's oral fluid, blood or urine – Drug test must be performed within 2 hours of the offence

Answer 32

• It is an offence to: o Drive a vehicle, o Occupy driver's seat and attempt to put vehicle in motion, o Occupy supervising seat for a learner driver, • While under the influence of Alcohol or Prescribed Illicit Drugs: – No time limit – Evidence is dependant on questioning, observations (sobriety assessment) and evidence found.

Answer 33

When: • The driver admits to consuming alcohol. • Other people in the vehicle who have consumed alcohol. • The vehicle smells of alcohol. • It is too windy. • At the scene of a crash. • You suspect the driver has consumed alcohol.

Answer 34

* What time was your first drink? * What time was your last drink? * Where did you consume these drinks? * How many drinks did you have? * What size of drink? * What type of drink? * Did you eat anything while drinking?

Answer 35

* Breath and breathing – smell of intoxicating liquor on breath. * Face - sallow pallor, flushed etc. * Eyes - blood shot, watery etc. * Skin - sweating, etc. * Speech - slurred, slow, fast etc. * Actions - movements and balance. * Attitude - talkative, indifferent, etc. * Clothing - dishevelled etc.

Answer 36

* Slightly affected. * Moderately affected. * Well affected.

Answer 37

A test used when a driver: • Provides a positive result on the BAS. The driver then chooses the services of a doctor to take a VOLUNTARY blood sample. - This blood sample will not be tested unless the driver pays for it to be tested. • A driver is 'physically unable to provide' a BAS. Police decide whether unable to supply. - Driver arrested and taken to the hospital for the purpose of a blood sample. - Police tick appropriate “physically unable to supply” section on the certificate. After testing, results are mailed to the OIC.

Answer 38

• PO may a arrest person if they have failed a breath test. • After arrest, PO may: – Take person to a police station or other place and detain for breath analysis. – Take person to a hospital or prescribed place to provide a blood sample if they have refused breath analysis (cl. 5A). – May use reasonable force in doing so.

Answer 39

When the driver is: 1. Unable to provide the sample. 2. Requesting to go straight to the hospital. 3. Conveyed to hospital due to their injuries.

Answer 40

• This clause compels medical practitioners to take blood from those arrested due to inability to submit to a breath analysis (CL. 4). – Blood sample must be taken within 4 hours of the offence. – Police may require a person to provide a sample of the person's blood. – The authorised sample taker is required to take the sample if informed that it is for this clause. – The court will prove that they were physically unable to submit. – Blood testing certificate required from the medical practitioner. – Serial number on blood testing certificate required to be recorded for the COPS event.

Answer 41

This clause compels medical practitioners to take blood from crash patients in hospital when the patient was: • Driving a motor vehicle. • Occupying the driver's seat and attempting to put the motor vehicle into motion. • Supervising a learner driver. • Pedestrian. • Riding a horse. • Driving anything other than a motor vehicle. – Blood sample to be taken 'as soon as practicable' (best practice - 12 hours). – Driver/rider must be 15 years old or older. – If PO has reasonable suspicion for a patient's blood to be tested for drugs, you must submit a report which explains your reasons and the type of drug suspected. – Blood testing certificate required from the medical practitioner. – Serial number on blood testing certificate required to be recorded for the COPS event.

Answer 42

• Breath test the driver first. NO BREATH TEST, NO SOBRIETY TEST!! • Inform the driver you are conducting a sobriety assessment. • Must be reasonable belief the person is under the influence of a drug other than alcohol. • To be conducted at or near the place where the person underwent the breath test.

Answer 43

``` DUI observations include but are not limited to: • Face - sallow pallor, flushed etc. • Eyes - blood shot, watery etc. • Skin - needle marks, sweating, etc. • Speech – slurred, slow, fast etc. • Actions - movements and balance • Attitude - talkative, indifferent, etc. • Clothing - dishevelled etc. ```

Answer 44

• PO may a arrest person if they have failed or refused a sobriety test. • After arrest, PO may: – Take person to a hospital or prescribed place to provide a blood or urine sample. – May use reasonable force in doing so. – Blood and urine must be obtained within 4 hours.

Answer 45

• This clause compels medical practitioners to take samples from those arrested for the inability to submit to or pass a sobriety test (cl. 14): – Driver/rider must be 15 years of age or older. – Must be completed within 4 hours. – Blood testing certificate required from the medical practitioner. – Serial number on blood testing certificate required to be recorded for the COPS event.

Answer 46

CAN – S. 110 RTA for PCA offence. CAN – S. 111 RTA for Illegal Drug offence - Where prescribed illicit drugs are found with no evidence of driver being under the influence. CAN – S. 112 RTA for DUI offence - Where prescribed illicit drugs are found and evidence exists of driver being under the influence of alcohol and/or drugs. Will require an expert opinion in relation to sobriety.

Answer 47

Used for a DUI drug or Mandatory Blood and Urine where persons are involved in a Fatal or Likely to be Fatal collision.

Answer 48

• PO may arrest person if they are involved in a: – Fatal crash or, – Likely fatal crash (likely the crash victim will die within 30 days). • After arrest, PO may: – Take person to a hospital or prescribed place to provide a blood sample (CL. 5A). – May use reasonable force in doing so. – Blood sample must be taken within 4 hours of the offence. – 'Likely fatal' depends on the expert opinion of medical staff.

Answer 49

PO may immediately suspend a driver's license within 48 hours of charging the person with: • Drive with the Mid Range PCA. • Drive with the High Range PCA. • Wilfully Alter Concentration of Alcohol. • Refuse / Hinder Blood Sample. • Refuse Breath Analysis. • Any indictable (driving) offence involving GBH. • Any indictable (driving) offence involving death.

Answer 50

• Same as CL. 3 but testing for Prescribed Illicit Drugs instead of alcohol. • PO may direct person to remain in the area for the test to be completed. – Police are to breath test all drivers that are to be the subject of the oral fluid test. If the drivers tests positive to alcohol, police are to continue with a breath analysis.

Answer 51

* Cannabis, THC. * Speed, Ice. * Ecstasy, MDMA.

Answer 52

Doing something that a prudent and reasonable person wouldn’t do (act) OR NOT doing something that a prudent and reasonable person should do (omission)

Answer 53

``` • The accused, • Drove a motor vehicle, • On a road or road related area, • Negligently (3 levels): o (A) occasioning Death. o (B) occasioning GBH. o (C) neither GBH or death (the most common charge). ``` – Do not give a ticket for negligent driving if you are able to give a ticket for a more specific offence. Example: A specific offence they did wrong which was negligent, like ignore a stop sign.

Answer 54

``` • The accused, • Drove a motor vehicle, • On a road or road related area o furiously or, o recklessly or, o at a speed dangerous to the public or, o in a manner dangerous to the public. ``` – You must establish the element of danger to the public. If you cannot establish this then you cannot proceed with the offence. – It requires a serious breach of the proper conduct of the motor vehicle, so serious as to be in reality and not speculatively, potentially dangerous to others. – Members of the public can be in the car, only if the passengers are non-willing participants.

Answer 55

Speed dangerous does not have to be driving at a speed which is above the speed limit, it merely needs to be at a speed which displays danger to the public. It is necessary for the prosecution to determine that a member of the public was put in actual or potential danger at the time.

Answer 56

- Not a ticket-able offence as it is more serious based on all the negligent driving elements occurring at the same time. Proceed by CAN E.G. Speeding, not giving way, disobeying traffic control signs e.g. Traffic lights, Stop Signs etc.

Answer 57

The following areas must be addressed in a fact sheet for Negligent Driving: • The nature, condition and use of the road. • The amount of traffic at the time or expected to be. • Any obstructions or hazards on the road.

Answer 58

A driver who drives in a fashion that is threatening, intimidating or harassing. E.G. Tailgating extremely close to the vehicle in front, travelling behind another vehicle and flashing headlights and sounding the horn, speeding in front of another vehicle and then braking harshly.

Answer 59

• The accused, • Drove a motor vehicle, • On a road or road related area, • In a manner that would: - (1) intentionally menace - INTENTIONAL - (2) conduct likely to menace - POSSIBLE • Another person • Whether or not the person is: - menaced by threat of personal injury - menaced by threat of damage to property - on a road – Defence: if the accused could not reasonably avoid menacing the other person. – Double Jeopardy: accused cannot be charged under both (1) and (2) or s. 117 and s. 118. – Obtain statement from victim, details of vehicle (rego, make, model), establish the driver, form of demand on driver and ask questions. – No need to establish that the victim felt intimidated. – Dependant on the intent of the accused. – DO transport check to make sure vehicle hasn't been stolen.

Answer 60

• Any: - motor car/carriage/cycle. - vehicle propelled wholly or party any other means besides human/animal power. - horse-drawn vehicle. • Whether or not it is adapted for road use. • Excludes vehicles used on a railway/tramway.

Answer 61

• The accused, • Drove a vehicle (s. 52A(9) CA definition), - in pursuit of another vehicle or, - travelling near another vehicle • And engaged in conduct which caused or threatened to cause an impact: - with any other vehicle/person/object or, - by overturning or leaving a road, • With the intention of causing another person ABH. – Usually some form of relationship between the victim and the offender. – No need to have actual bodily harm, intent is sufficient. – The prosecution must prove the offender's vehicle caused the impact.

Answer 62

• The accused • Drove a vehicle (s. 52A(9) CA definition): - under the influence of alcohol or drugs or, - at a speed dangerous to person/s or, - in a manner dangerous to person/s • Occasioning death or GBH of a person • Conveyed in or on any vehicle (including passengers) • Through an impact involving: - overturning or leaving a road or, - any object/person/vehicle or, - any object/vehicle in, on or near the person at the time of impact or, - anything on/attached to the vehicle, or - anything in motion through falling from the vehicle or, - the person falling, being thrown or ejected from the vehicle or, - any object as a result of the person (or any part) protruding from the vehicle • (7) circumstances of aggravation. – This offence is not restricted to driving on the road.

Answer 63

S – Speed 45km/h or greater above speed limit. H – High range PCA. I – Impaired (very substantially) by a drug or combination of drugs. C – Chase with police (pursuit).

Answer 64

Proximate causes of crime: • Association with bad people Distal causes of crime: • Up bringing • social status • Stresses from childhood

Answer 65

(a) a place (whether or not covered by water), or (b) a part of premises, • that is open to the public, or is used by the public. • whether or not on payment of money or other consideration, • whether or not the place or part is ordinarily so open or used and, • whether or not the public to whom it is open consists only of a limited class of persons, • but does not include a school.

Answer 66

(a) The person’s speech, balance, co-ordination or behaviour is noticeably affected, and (b) It is reasonable in the circumstances to believe is the result of the consumption of liquor.

Answer 67

A common law offence that involves exposure from private place to private place.

Answer 68

* a knife blade, or * a razor blade, or * any other blade.

Answer 69

Anything made or adapted to: • Cause or intend to cause injury to a person or, • Menace a person or, • Damage property.

Answer 70

Such as is calculated to wound the feelings, arouse anger or | resentment of disgust in the mind of a reasonable person.

Answer 71

Is taken from the point of view of the victim, offender, or any other person involved in the incident.

Answer 72

This test is about the opinion of a reasonable third person who was not involved in the situation but who may have been a bystander and witnessed the incident.

Answer 73

S. 4 SOA 1986 – Offensive conduct • The accused • Without reasonable excuse • Conducted themselves in an offensive manner • In, near or within view/hearing of a public place or school - The test of reasonable 3rd person applies Maximum penalty: 6 penalty units or imprisonment for 3 months.

Answer 74

S. 4A SOA 1986 – Offensive language. • The accused • Without reasonable excuse • Used offensive language • In, near or within hearing of a public place or school - The test of reasonable 3rd person applies Maximum penalty: 6 penalty units.

Answer 75

S. 5 SOA 1986 – Obscene exposure. • The accused • Willfully and obscenely • Exposed his or her person (referring to genitals) • In, or within view from a public place or school - The test of reasonable 3rd person applies to obscenely only. Maximum penalty: 10 penalty units or imprisonment for six months.

Answer 76

``` S. 6 SOA 1986 - Obstructing traffic: • The accused • Without reasonable excuse • Willfully prevents free passage • Of a person/vehicle/vessel • In a public place ``` Maximum penalty: 4 penalty units.

Answer 77

``` S. 7 SOA 1986 – Damaging fountains: • The accused • Wilfully • Damages or defaces or, • Enters or, • Causes any foreign material or substance to enter into • Any part of a fountain • In a public place ``` Maximum penalty: 4 penalty units.

Answer 78

S. 9 SOA 1986 – Continuation of intoxicated and disorderly behaviour following move on direction: • The accused • Having previously received a direction for being intoxicated and disorderly in public place • Within the allocated time limit for said direction • Continues to be intoxicated and disorderly • In any public place. Maximum penalty: 15 penalty units

Answer 79

``` S. 11 SOA 1986 – Possession of liquor by minors: • The accused who is under 18 • Possesses/consumes alcohol • Without: - supervision of a responsible adult, or - a reasonable excuse, • In a public place - Police may seize the alcohol in these circumstances. ```

Answer 80

``` S. 11A SOA 1986 – Violent disorder: • 3 or more persons • Presented together • Conduct taken together • Use or threaten unlawful violence • Towards person or property • In a public or private place • Causes person of reasonable firmness to fear for their safety (need not be present). ``` Maximum penalty: 10 penalty units or imprisonment for 6 months

Answer 81

S. 11B SOA 1986 – Custody of ‘offensive implement’: * The accused * Without reasonable excuse * Has in their possession an offensive implement * In a public place or school Maximum penalty: 50 penalty units or imprisonment for 2 years.

Answer 82

S. 11C SOA 1986 – Custody of knife (any blade) in public place or school: • The accused • Without reasonable excuse: (POKEROTE) P – Preparation of food or drink (e.g. picnic) O – Official uniform K – Knife collection or exhibition E – Exhibition of knives for retail, etc. R – Genuine Religious reasons O – Lawful Occupation T – Travelling to and from any of these activities E – Lawful Entertainment, recreation or sport (e.g. fencing practice) • Has in their custody a knife • In a public place or school

Answer 83

• The accused who is a parent of a child: Under 18 years, Who committed an offence under S.11C SOA, • Knowingly authorises or permits the child to commit the offence. Maximum penalty: 5 penalty units.

Answer 84

``` S. 11E SOA 1986 - Wielding of knives in a public place or a school: • The accused • Without reasonable excuse • Uses/carries a knife • That is visible • In a public place or school ``` Maximum penalty: 50 penalty units or imprisonment for 2 years.

Answer 85

S. 11F SOA 1986 – Sale of knife to child under 16: • The accused • Sells a knife • To a child under 16 years of age - Employer is guilty of the offence unless it can be proved there was no knowledge of the sale or they could not prevent the sale (by exercise of due diligence). Maximum penalty: 50 penalty units.

Answer 86

* Availability * Affordability * Accessibility

Answer 87

* Depression * Diabetes * Cardio vascular conditions * Infectious diseases * Alcohol poisoning

Answer 88

C – Causing/likely to cause fear (so as long as fear would be caused to a reasonable person). H – Harassment/intimidation. O – Obstructing person/s or traffic. P – Purchasing/procuring obtaining prohibited drug. S – Supplying/intending to supply/soliciting another to supply prohibited drug. - Direction must reduce/eliminate behaviour or stop supply/purchase of drugs. - Not necessarily a ‘move on direction’, may be a direction to simply stop the conduct. - Not necessarily in a “public place”. May be near during the conduct. - Must be for a reasonable time frame.

Answer 89

Direct noticeably intoxicated person in a public place to leave and not return when: • It is likely he/she will: 1. injure person/s or, 2. damage property or, 3. cause a public hazard or, 4. behave disorderly - Direction must stop or prevent injury/damage/public risk/disorderly behaviour. - Not necessarily in a “public place”. May be near during the conduct. - 6 hour limit. If person returns within period -> second warning and after that charged or fined.

Answer 90

* May give directions to groups. * Not required to repeat direction to entire group. * Does not assume that everyone has received the direction.

Answer 91

(1) A person must not, without reasonable excuse, refuse or fail to comply with a direction given in accordance with this Part. Maximum penalty: 2 penalty units. (2) A person is not guilty of an offence under this section unless it is established that the person persisted, after the direction concerned was given, to engage in the relevant conduct or any other relevant conduct.

Answer 92

If you have given somebody a lawful direction and failed to IPE and warn after the person has asked you, the direction is deemed not lawful.

Answer 93

PO may detain (not arrest) an intoxicated person found in a public place that is: • Likely to injure/damage person/property or • Cause a public hazard or • Is disorderly AND • In need of physical protection because the person is intoxicated. - Cannot detain if behaviour has constituted an offence (must use other options like arrest). – The person must be released into the care of a responsible person willing to undertake care.

Answer 94

* Loud * Swearing * Offensive behavior * Littering * Pushing people out of the way

Answer 95

P – s. 21 LEPRA Power to search persons & seize & detain things without warrant. A – s. 27 LEPRA Power to carry out search on arrest. C – s. 28A LEPRA Power to carry out search of person in custody. K – s. 24 LEPRA Power to search for knives & other dangerous implements. V – s. 36 LEPRA Power to search vehicles and seize things without warrant. D – s. 208 LEPRA Searching detained intoxicated persons.

Answer 96

If PO suspects on reasonable grounds the person has: P – Prohibited plant or drug. A – Anything stolen/unlawfully obtained. I – Intended to be used/connected with relevant offence. D – Dangerous article in a public place or used/connected with relevant offence.

Answer 97

PO may frisk search person in public place/school on reasonable grounds if person has: • Dangerous (knife or blade) or offensive (designed to injure/hurt someone) implement. • Laser pointer - If person is in school and a student, PO may search person’s bag/personal effects or locker.

Answer 98

A person must not, without reasonable excuse: (a) fail or refuse to produce anything detected or seen on or with the person in such a search when required to do so by a police officer in accordance with section 24, or (b) fail or refuse to comply with a requirement made by a police officer in accordance with section 24 for the person to submit to a search. Maximum penalty: 50 penalty units.

Answer 99

A PO may take possession of anything that they suspect is a | dangerous implement that is unlawfully in a persons custody and confiscate the thing.

Answer 100

(1) A police officer who arrests a person for an offence or under a warrant, or who is present at the arrest, may search the person at or after the time of arrest, if the officer suspects on reasonable grounds that it is prudent to do so in order to ascertain whether the person is carrying anything: (a) that would present a danger to a person, or (b) that could be used to assist a person to escape from lawful custody, or (c) that is a thing with respect to which an offence has been committed, or (d) that is a thing that will provide evidence of the commission of an offence, or (e) that was used, or is intended to be used, in or in connection with the commission of an offence.

Answer 101

If the police officer suspects on reasonable grounds that a thing of a kind is concealed in a person's mouth or hair, require the person; (a) to open his or her mouth to enable it to be searched, or (b) to shake, or otherwise move, his or her hair. (2) Can not forcibly open a person's mouth

Answer 102

(1) A police officer may search a person who is in lawful custody after arrest and seize and detain anything found on that search.

Answer 103

PO may carry out a strip search if: • PO has reasonable suspicion the strip search is necessary and that the seriousness and urgency of the circumstances make the strip search necessary.

Answer 104

• Request co-operation. • Offer privacy. • Conduct lease invasive search for the circumstances. • Explain weather any clothing will need to be removed and why it is necessary.

Answer 105

PO must comply with the following when conducting a strip search: • Must be conducted in private area, • Not be conducted in presence/view of opposite sex, • Not be conducted in presence/view of a person who is not meant to be there, • May be conducted in front of a parent/guardian or representative of person being searched, • Any Intellectually impaired person or Children over 10 and under 18 must have parent/guardian, representative present or any other person acceptable to the person being searched must not be another PO. – PO may conduct search without parent/guardian or representative present if they suspect: – The person being searched is delaying search to conceal or destroy evidence or, – To protect the immediate safety of the person.

Answer 106

S. 34 LEPRA – No strip searches of children less than 10 years of age!!

Answer 107

If PO suspects on reasonable grounds the vehicle or its occupants: S – In possession of anything Stolen/unlawfully obtained. O – In possession of anything intended to be used/connected with a relevant Offence. O – Previously/currently/may have been used in connection with a relevant Offence. A – In possession of a dangerous Article. P – In possession of a Prohibited plant or drug. S – Give rise to a serious risk to public Safety and a search lessens the risk.

Answer 108

A person must not, without reasonable excuse: (a) fail or refuse to stop a vehicle the person is driving when directed to do so by a police officer under this Division, or (b) fail or refuse to comply with any other direction given by a police officer under this Division. Maximum penalty: 50 penalty units or 12 months imprisonment, or both.

Answer 109

Over 10 under 18.

Answer 110

Someone who is a guardian and has lawful custody of the child.

Answer 111

A parent, or a person who has care of the child whether or not they have custody.

Answer 112

A child under 10 is incapable of forming criminal intent and therefore cannot be charged with any offence. Children between 10 and 14 police have to prove mens rea that the child knew what they were doing was wrong. Over the age of 14 the child is presumed to possess enough reason to form intent.

Answer 113

* Beaches * Shopping centers * Cinemas * Parks

Answer 114

* PCYC (Police and Community Youth Clubs). * YLO (Youth Liaison Officer). * SYO (Specialist Youth Officer). * SLO (School Liaison Officer). * ACLO (Aboriginal Community Liaison Officers). * MCLO (Multicultural Liaison Officer). * CPO (Community Police Officer). * Licensing.

Answer 115

* Warning * Caution * Youth Justice Conference

Answer 116

- To keep young offenders out of the formal legal process. | - Is a fairer system for the offender and victim.

Answer 117

* Offence covered per s. 8 YOA * Admission required * Consent obtained. Child cannot be forced. * Entitled per s. 20 YOA Consider if action appropriate (seriousness, violence, victim harm).

Answer 118

1. It must be the least restrictive sanction. 2. Offenders must be informed of their right to obtain legal advice. 3. Proceedings are not to be instigated if there is a more appropriate manner in which to deal with the child. 4. Proceedings are not to be instigated to provide services to advance the welfare of the child. 5. Children should be dealt with in their own communities. 6. Parents are to be recognised during the process. 7. Victims are to be recognised and be involved in the process.

Answer 119

* Summary Offences. | * Indictable offences which can be dealt with Summarily.

Answer 120

B – Breaches of AVO and DV offences (s. 13 Intimidation/Stalking). O – Offences resulting in the death of a person. O – Offences in Graffiti Control Act. S – Strictly indictable offences. S – Sexual offences. T – Trafficking and supply of drugs (some exceptions). T – Traffic offences (if old enough to hold a learner’s permit).

Answer 121

Small quantities of drugs can be dealt with under YOA: - Less than 1 gram heroin, cocaine, amphetamine (the small quantity). - Less than 0.25 grams of ecstasy (small quantity). - Less than 15 grams cannabis leaf (1/2 the small quantity). - Less than 2.5 Cannabis plants (1/2 the small quantity). - Discretion may be used in relation to Cannabis if more than 1/2 the small quantity and not over but only if in the interests of rehabilitation.

Answer 122

• Child over 10 and under 14: - Parent/guardian. - Adult chosen with consent of parent/guardian. - Australian legal practitioner chosen by the child. • Child over 14 and under 18: - An adult chosen by the child.

Answer 123

Administrators of the Young Offenders Act for NSW Police. As part of their duties, they are responsible for delivering cautions and referring children and young people to youth justice conferences.

Answer 124

Work with high schools to reduce youth crime, violence and antisocial behaviour through a range of school intervention strategies, educational programs and local relationships which model respect and responsibility.

Answer 125

Provide advice to police, young people and parents; make | determinations for juvenile matters and verify juvenile charges in accordance with the Young Offenders Act.

Answer 126

Any act which intentionally or recklessly causes another to | apprehend immediate and unlawful violence.

Answer 127

The actual infliction of unlawful force on another. For example, striking, kicking, stabbing.

Answer 128

• Any hurt or injury • Calculated to interfere with the health or comfort of the victim – Not permanent but more than transient/trifling. – May include bruising, some broken limbs, minor bleeding.

Answer 129

• Any permanent or serious disfiguring of the person • A body injury of a really serious kind • The destruction (excluding medical procedure) of the foetus of a pregnant woman. • Causing a person to contract a grievous bodily disease – Does NOT have to be permanent, long lasting or life threatening (although it could be).

Answer 130

- Wounding requires the breaking of the skin -dermis and epidermis. - It need not involve the use of a weapon.

Answer 131

* An unlawful arrest * Excessive force * Advance towards someone with a clenched fist (threats) * Pointing an unloaded/loaded firearm or toy pistol (if the victim believes it to be a pistol/taser) * Using a dog as a weapon * Non-consenting kiss * Spitting on a person * Striking a horse causing the rider to fall

Answer 132

B – Taking Blood samples/forensic procedures etc. A – Lawful Arrest, execution of physical force. S – Self-defence and defence of family. H – Defence of Home or property. S – Sports permissible within the rules of the game (authorized, justified or excused by law). M – Medical exam of persons in custody. A – Accidental use of physical force. C – When Consented to (except when it causes ABH or GBH). K – Lawful chastisement/ lawful correction (e.g. Teachers punishing Kids).

Answer 133

* The accused * Wounds or causes grievous bodily harm * To the person * With intent to cause grievous bodily harm to that or any other person Shall be liable maximum imprisonment for 25 years.

Answer 134

* The accused * Assaulted * The person * Causing Grievous Bodily Harm and was reckless as to causing actual bodily harm. Shall be liable maximum imprisonment for 10 years.

Answer 135

• The accused • Assaults any person with intent to commit a serious indictable offence or, • Assaults, resists, or wilfully obstructs any officer while in the execution of his or her duty or, • Assaults any person, with intent to resist or prevent the lawful apprehension or detainer of any person for any offence Shall be liable to imprisonment for 5 years.

Answer 136

1. The accused 2. Assaulted 3. The person 4. Occasioning Actual Bodily Harm Shall be liable for imprisonment for 7 years.

Answer 137

* The accused * Assaults, throws a missile at, stalks, harasses or intimidates * A police officer while in the execution of the officer’s duty * Although no ABH occasioned to the officer Is liable to imprisonment for 5 years.

Answer 138

``` • The accused • Assaulted a person • Intentionally or recklessly • Without consent • Without lawful excuse – May include spitting or no physical signs. ``` 2 years imprisonment –Indictable Offence

Answer 139

(1) A person is not criminally responsible for an offence if the person carries out the conduct constituting the offence in selfdefence. (2) A person carries out conduct in self-defence if and only if the person believes the conduct is necessary: (a) to defend himself or herself or another person, or (b) to prevent or terminate the unlawful deprivation of his or her liberty or the liberty of another person, or (c) to protect property from unlawful taking, destruction, damage or interference, or (d) to prevent criminal trespass to any land or premises or to remove a person committing any such criminal trespass, and the conduct is a reasonable response in the circumstances as he or she perceives them.

Answer 140

``` • The accused o Resists or hinders or, o Incites any person to assault, resist or hinder • A police officer • In the execution of their duty ``` Imprisonment for 12 months or to a fine of 10 penalty units, or both.

Answer 141

``` • 12 or more persons • Presented together • Common purpose • Conduct taken together • Use or threaten unlawful violence • Towards person or property • In a public or private place • Causes person of reasonable firmness to fear for their safety (need not be present). ``` Imprisonment for 15 years.

Answer 142

``` • 1 or more persons • Conduct taken together • Use or threaten unlawful violence • Towards person • In a public or private place • Causes person of reasonable firmness to fear for their safety (need not be present). ``` Imprisonment for 10 years.

Answer 143

Where 2 or more people are involved in a Criminal Act.

Answer 144

We all agree to commit a crime together, therefore we are all liable.

Answer 145

The doing of the crime together.

Answer 146

(1) A police officer may enter premises if the police officer believes on reasonable grounds that: (a) There is a breach of the peace or likely to be. (b) A person has suffered significant physical injury or there is imminent danger of significant physical injury. (2) A PO may stay on premises for as long as necessary in the circumstances.

Answer 147

* Peer pressure * Inducement or stimulation * Glamourising * Health Issues * Boredom

Answer 148

1. Stimulants – Ice, Ecstasy, Meth Cocaine. 2. Depressants – Pot, Cannabis, GHB, heroin, morphine/pethidine, codeine, methadone. 3. Hallucinogens – LSD, Psilocybin.

Answer 149

Any substance, other than a prohibited plant specified in | Schedule 1 of the DMTA.

Answer 150

``` • A cannabis plant cultivated: by enhanced indoor means or, by any other means • Any growing plant of the: Genus Erythroxylon species (cocaine) or, Papaver Somniferum/Orientale/ Bracteatum species (heroin) • Any growing plant of a description specified in an order in force under subsection (2). ```

Answer 151

Means any growing plant of the genus Cannabis (roots attached).

Answer 152

Any plant or part of a plant of the genus Cannabis by whatever name that plant or part may be called, and includes the achene and seed of any such plant. – Does not include: Cannabis oil, any fibre of any such plant or part from which the resin has been extracted or Cannabis plant.

Answer 153

* Sow/scatter the seed produced by the plant or, * Plant, grow, tend, nurture or, * Harvest the plant.

Answer 154

The process of extracting or refining the prohibited drug..

Answer 155

• Sell, distribute, agreeing to supply, offering to supply, keeping or having in possession for supply. • Sending, forwarding, delivering or receiving for supply. • Authorising, directing, causing, suffering, permitting or attempting any of those acts or things.

Answer 156

Total weight considered to be weight of the drug, not the actual amount of the active component in the drug.

Answer 157

* Ingestion * Injection * Smoking * Inhalation * Inhalation of fumes caused by the heating or burning * Any other means of introducing a prohibited drug into any part of the body of a person.

Answer 158

• Takes, or participates in, any step, or causes any step to be taken, in the process of that cultivation, manufacture, production or supply. • Provides/arranges finance for any such step in that process. • Provides the premises in which any such step is taken, or permits it if owner.

Answer 159

• Exclusive (sole) possession – Physical charge of item (in a pocket). • De-facto possession – Item is placed where another person may find it (secreted in a roof of parent’s house). Almost a defence to possession, another person may have accessed it. Joint possession – Agreement between 2 or more people to be in custody of the item with common purpose.

Answer 160

Knowledge (mens rea) = Existence: the fact that he knew the drugs were there. Nature: the fact that he knew the substance was a drug. Control (actus reus) = Exclusive/Defacto/Joint. (There must at least be defect control, however, there can be joint possession (only need one).

Answer 161

``` • The accused • Had in their possession • A prohibited drug – *MUST* prove knowledge (Mens Rea) + at least defacto control (Actus Reus) ```

Answer 162

• Cannabis Leaf: o Small – 30g o Traffickable – 300g • Amphetamine, Methamphetamine, Heroin & Cocaine: o Small – 1g o Traffickable – 3g • LSD: o Small – 0.0008g o Traffickable – 0.003g

Answer 163

• The accused • Had in their possession • An item of equipment for use in the administration of a prohibited drug – Does not include hypodermic needles – *MUST* prove it is intended for future use

Answer 164

* The accused * Administered to him/herself or, * Attempted to administer * A prohibited drug

Answer 165

* The accused * Cultivates, supplies or has in their possession * A prohibited plant

Answer 166

• The accused • Manufactures/produces or, • Knowingly takes part in manufacturing/producing • (1A) exposes a child to that manufacturing or production process or substances related • A prohibited drug - Indictable drug offence.

Answer 167

``` • The accused • Supplied or, • Knowingly takes part in the supply of • A prohibited drug - Indictable drug offence. ```

Answer 168

• The accused • Has in their possession • An amount of a prohibited drug not less than the traffickable quantity (“deemed supply”) • Unless the accused proves: o they had the drug for reasons other than possession or, o they obtained possession with a prescription of a doctor, nurse, midwife, dentist or vet. - Indictable drug offence.

Answer 169

Any substance (other than a substance to which this Part does not apply) that, when consumed by a person, has the capacity to induce a psychoactive effect.

Answer 170

Stimulation or depression of the central nervous system of the person, resulting in: • Hallucinations • Significant disturbance/change to motor function, thinking, behaviour, perception, awareness or mood. • Physical or psychological addiction. Psychoactive substances: • Cathinones • Cannabinoids • Hallucinogenic NPS

Answer 171

• A substance • That is not a prohibited drug • Which for the purpose of being supplied • Is represented (verbally, in writing or by conduct) • As being a prohibited drug – Will be deemed as the prohibited drug it was originally intended to be sold as.

Answer 172

In relation to the PTGA, means it is prescribed by this Act or the regulations, not by doctor!

Answer 173

Any substance specified in Schedule 4 of the Poisons List.

Answer 174

Substances specified in Appendix D of the PTGR. Examples of prescribed restricted substances: • Valium (Diazepam) • Serapax (Oxazepam)

Answer 175

(4) A member of the police force may stop, search and detain: (a) any person in whose possession or under whose control the member reasonably suspects there is, in contravention of this Act, any prescribed restricted substance, or (b) any vehicle in which the member reasonably suspects there is any prescribed restricted substance which is, in contravention of this Act, in the possession or under the control of any person.

Answer 176

* The accused * Possessed or attempted to obtain possession of * A prescribed restricted substance

Answer 177

• The accused o forged or fraudulently altered or, o uttered knowing it to be forged or fraudulently altered • Any prescription of a medical practitioner, nurse, dentist or vet • Relating to any prescribed restricted substance

Answer 178

• The accused • By a representation that the person knows, or ought reasonably to know is false/misleading and: o obtains/attempts to obtain a prescription or, o induces/attempts to induce a pharmacist to dispense a prescription, knowing the prescription to be forged or fraudulently altered. • Is in actual possession of a prescription knowing it to be: o forged or fraudulently altered or, o obtained via false or misleading circumstances. – Prescription = in relation to a prescribed restricted substance.

Answer 179

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

Answer 180

``` U – Under 15 grams S – Sufficient evidence C – Consent to the caution A – Admits to the offence N – No other offences C – Cannot request or demand (offender can’t) A – Appropriate in the circumstances P – Personal use only (not supplying!) T – Two cautions maximum I – Identity is known O – Over 18 years old N – No previous offences for violence, DV, Drugs, Sexual ```

Answer 181

* A beverage which, at 20C, contains more than 1.15% ETHANOL by volume. * For the purposes of sale, is held out to be beer or spirits. * Any other substance prescribed by the regulations as liquor.

Answer 182

• A hotel licence (most commonly encountered). • Club licence (most commonly encountered). • Small bar licence (wine bars). • On-premises licence (where supplying liquor is not the main business). • Packaged liquor licence (Liquorland, BWS). • Producer/wholesaler licence (vineyards, distilleries). • Limited licence.

Answer 183

L – Licensee E – Employee of licensed premises A – Agent of licensee P – Police officer

Answer 184

Authorised person may refuse entry/turn out any person: S – Smokes in a smoke free area. P – Whose presence on the licensed premises renders the licensee liable to a Penalty. I – Intoxicated, violent, quarrelsome or disorderly. E – The licensee is required to refuse Entry under the legislation (no valid reason necessary!). D – Uses or has in their possession a prohibited Drug or plant. • Authorised person may use reasonable force to turn out a person from licensed premises. • Person must leave vicinity of the licensed premises (50m from boundary) for 6 hours. • Person must not re-enter or attempt to re-enter the licensed premises within 24 hours. • Reasonable excuses for re-entering the vicinity include: – Fears for their safety. – In order to obtain transport. – The person resides in the vicinity.

Answer 185

Health implications, loss of employment, deteroiation of relationships, inability to maintain normal lifestyle, financial loss.

Answer 186

Increase in crime, financial loss within communities, loss of productivity for organisations.

Answer 187

Cost to health and emergency services that deal with the outcome.

Answer 188

Changes to laws flow on effect to community.

Answer 189

• The accused • Shall not commit or authorise an act of cruelty upon an animal or, • Fail at any time to – exercise reasonable care, control or supervision of an animal to prevent the commission of an act of cruelty upon the animal. – alleviate the pain of an animal where necessary. – provide veterinary treatment where necessary.

Answer 190

* The accused | * Shall not commit an act of aggravated cruelty upon an animal.

Answer 191

• Without provocation – Attacked or killed a person or animal (other than vermin). – Repeatedly threatened to attack or repeatedly chase a person or animal (other than vermin) • Displayed unreasonable aggression towards a person or animal (other than vermin) • Been kept for the purpose of hunting (does not include locating, flushing, pointing or retrieving birds or vermin)

Answer 192

* Without provocation attacked a person or animal (other than vermin) without causing serious injury or death. * Displayed unreasonable aggression towards a person or animal (other than vermin).

Answer 193

* The accused * Has control of a dog, and * Does any act that causes the dog to inflict grievous bodily harm on another person, and * Is reckless as to the injury that may be caused to a person by the act.

Answer 194

* The accused * Has control of a dog, and * Does any act that causes the dog to inflict ABH on another person, and * Is reckless as to the injury that may be caused to a person by the act.

Answer 195

If a dog has attacked any person or animal, an officer may seize the dog at any time within 72 hours after the attack.

Answer 196

Noise that by level, nature, character or quality, or time made is: • Harmful to a person (or likely to) outside the premises from which it is emitted. • Interferes unreasonably (or likely to) with comfort/repose of a person outside premises emitted. • Prescribed by the regulations Power tools: – 0800-2000 SUN & PH’s – 0700-2000 all other days Music and amplified sound: – 0800-0000 FRI,SAT & before PH’s – 0800-2200 all other days

Answer 197

Offensive noise is being or at any time in the past 7 days been emitted from any premises: • Direct the person whom you believe to be the occupier of the premises to cause the emission of the offensive noise to cease, and/or • Direct any person whom you believe to be making or contributing to the making of the noise to cease making or contributing to the making of offensive noise. – Must comply with Part 15 LEPRA (safeguards)

Answer 198

A person must not within 28 days following the time at which the direction was given cause or permit offensive noise to be emitted from the premises

Answer 199

In order to obtain a warrant you must put a complaint to a Magistrate stating that you have been denied entry to specified premises and you believe that: • Offensive noise is being or at any time in the past 7 days been emitted from any premises. • It is necessary for you to enter the premises immediately in order to give a noise abatement direction in relation to offensive noise emitted from the premises or to investigate whether a noise abatement direction has been contravened. • The warrant is to be executed as soon as practicable after it is granted, but not later than 24 hours after it is granted, and may be executed by day or night. – May use reasonable force (whether by breaking open doors or otherwise) for the purpose of entering the premises in executing a warrant.

Answer 200

PO may take only such action at the premises as is reasonably necessary to: • Give the noise abatement direction or investigate whether there has been a contravention of a noise abatement direction, and • Exercise any power under s. 281(2) of the Act or any lawful power to arrest a person. • Remain at the premises only as long as is reasonably necessary to take that action.

Answer 201

If a noise abatement direction is in force and the person to whom the direction is given is contravening the direction. PO may seize/secure equipment being used to contravene the noise abatement direction. – Must be warned that its continued use may lead to its seizure. – Issue the person with a receipt that identifies the equipment, states the time and date of seizure, identifies the police officer seizing the equipment and notifies the procedure for the return of the equipment. – Any equipment that is seized or secured must be returned or released within 28 days.

Answer 202

A medically diagnosed condition that is: • Temporary or permanent and, • Shows seriously impaired mental functioning and, • May display the following signs/symptoms: – Delusions – Hallucinations – Serious disorder of thought form – Severe disturbance of mood – Sustained or repeated irrational behaviour indicating the above. – Is often successfully managed by medication.

Answer 203

Similar to a mental illness but is: • Temporary and may pass. • Brought about by a specific incident.

Answer 204

* In regards to intelligence and IQ. * Does not respond to medication. * Is permanent.

Answer 205

* Depression * Bi Polar * Schizophrenia * Personality disorders * Drug induced psychosis

Answer 206

When you detect a person committing a criminal offence and they appear to have a mental illness or are mentally disordered, consider the following: • Table 1 Indictable or Strictly Indictable Offence: - Charge and bring before a court as soon as possible. • Table 2 Indictable Offence or Summary Offence: - Consider discretion and deal with under the Mental Health Act.

Answer 207

PO may detain and transport a mentally ill/disordered person to a mental health facility if they believe on reasonable grounds the person: • Is committing or has recently committed an offence. • Has recently attempted to kill themselves or another person or it is likely they will do so. • Has attempted to cause serious physical harm to themselves or others AND, • It would be beneficial to the person’s welfare to be dealt with according to the MHA. – PO may exercise powers (reasonable force, search and transport) ``` What To Include – S. 22 Form • Tell the story... include the history • What did they say?... use quotes • What part of s. 22 MHA did you use to detain them? • What is the risk? ```

Answer 208

* Respect rights and dignity * Least restrictive under the circumstances * Not dependent upon expediency * Appropriate for risk factors * As promptly as practicable

Answer 209

PO may search person on transport to a mental health facility if reasonable suspicion the person has anything which could: • Be a danger • Assist in the person escaping from lawful custody

Answer 210

At common law, larceny is committed by a person who, without the consent of the owner, fraudulently and without claim of right made in good faith, takes and carries away anything capable of being stolen with intent, at the time of such taking, permanently to deprive the owner thereof.

Answer 211

* Any building or other structure intended for occupation as a dwelling and capable of being so occupied, although it has never been so occupied. * A boat or vehicle in or on which any person resides. * Any building or other structure within the same curtilage as a dwelling-house, and occupied therewith or whose use is ancillary to the occupations of the dwelling-house.

Answer 212

* It is generally understood that entry means moving from the outside to the inside of premises. * The insertion of an implement into a building may also constitute entry.

Answer 213

* A firearm, or an imitation firearm, within the meaning of the Firearms Act 1996, * A prohibited weapon within the meaning of the Weapons prohibition act 1998. * A spear gun.

Answer 214

• A dangerous weapon. • Anything that is made or adapted for offensive purposes, or • Anything that, in the circumstances, is used, intended for use of threatened to be used for offensive purposes, whether or not is it ordinarily used for offensive purposes or is capable of causing harm.

Answer 215

An individual who temporarily gains possession, but not ownership, of a good or other property under a bailment. Eg: repairman.

Answer 216

Must have both physical and mental aspects of possession present to proceed with possession related offences. • Knowledge of the likely nature of the item e.g.: “I may think the ten mobiles are, or are likely to be, stolen property.” • Knowledge of the existence of the item e.g.: “I know there are ten mobile phones in my backpack.”

Answer 217

``` 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. The doctrine considers: • Where you find the alleged offender. • Time since offence. • The item the offender is carrying. ``` - Does not include the value of the item.

Answer 218

(1) Subject to this Act, any person who attempts to commit any offence for which a penalty is provided under this Act shall be liable to that penalty. (2) Where a person is convicted of an attempt to commit an offence and the offence concerned is a serious indictable offence the person shall be deemed to have been convicted of a serious indictable offence.

Answer 219

• The accused • Taking and carrying away - Usually involves the laying on of the hands. - Amounts to a change of control. • Property - Needs to be Tangible - Have value - Be personal property - Real property - Land and things attached are not included • Belonging to another C – CONTROL – Manual custody or exclusive right to control. For example, have it on you or with you. O – OWNERSHIP – Court must be satisfied the property would have an owner although identification of owner may be unknown. Not abandoned. Joint ownership is OK. P – POSSESSION – Maintain right to the property after giving up control. Lost but not abandoned. • Without consent Actual: Expressed - The owner tells someone it is mine and I don’t want you to have it. Implied - If property left in my office drawer or in a car, it is implied the owner does not want anyone to have it. Constructive: Finding – Find property and do not make inquiries as to the owner of the property. Mistake – Someone gives you property, thinking you were the owner and you take it without saying anything. Trick – You deceive someone into giving you the property. • Without legal claim of right Must be a legal right such as being the owner of the property, not a moral right. • Fraudulently (dishonestly) Temporal coincidence is the important part of this element. You must have the intention to permanently deprive, without consent, claim of right and take that property at that time. • Intention to permanently deprive the owner. Examples: Not returning the property Changing the property Returning the property conditionally

Answer 220

• The accused • Broke Actual Breaking – Involves breaking the seal of the premises, interfering with the physical security of the premises. Constructive Breaking (KFC Tonight) K – KEY – Keys obtained and used for a purpose they weren’t intended. F – FRAUD – False representations are made to gain access. C – CONSPIRACY – You work with another person who has legal access to the premises and lets you in without the consent of the owner. T – THREAT is made to the person with legal ability to give you access to the property. • Entered It does not need to be the whole body, can be one part or even an implement if inserted with the intention to commit a serious indictable offence. • Dwelling-house or other building • Committed a serious indictable offence. Can be committed in two ways: 1. Break and enter and commit serious indictable offence 2. Already in premises, commit serious indictable offence and break out.

Answer 221

A – Armed with offensive weapon or instrument C – In Company of another offender U – Use of corporal violence P – Persons (lawful occupants) on premises at the time of the offence I – Infliction of actual bodily harm D – Deprivation of liberty

Answer 222

* Infliction of GBH or wounding. | * Armed with a dangerous weapon. – can include a replica firearm.

Answer 223

``` • The accused • Who is on trial for larceny • Appropriated the property for - Their own use/benefit or, - The use/benefit of another • But intended to eventually restore the property • Is not entitled to an acquittal ```

Answer 224

* The accused * Did not originally intend to steal the item * But later appropriated the property for his or her own use. – The accused is charged with larceny as only a court can determine this offence.

Answer 225

* The accused * Received property from the owner under an agreement (expressed or implied) * Where the accused was a bailee of such property * Fraudulently (dishonestly) * Took such property (or part thereof) or converted such property to his own use or exchanged such property

Answer 226

``` • The accused • Stole • Property • Inside a dwelling-house • Carried it out of such dwelling-house • The goods must be under the protection of the house (deposited there for safe custody). • It is not sufficient that they are under the eye or personal care of someone who happens to be there. This is determined by a judge. ```

Answer 227

• The accused • Without consent • Took and drove conveyance • Drive or be carried in/on knowing it has been taken without consent. -No need to permanently deprive -Includes the passengers if they rode in the car knowing it was taken without consent. -Definition of conveyance broader than definition of motor vehicle.

Answer 228

* The accused * Stole * Property (motor vehicle) * Must prove fraudulently

Answer 229

• The accused • Was employed as a clerk or servant • Stole property • Belonging to the master/employer – After the till offence, property must have transferred ownership to the master entirely before it is stolen (customer’s money in till, then into pocket)

Answer 230

* The accused * Received property on behalf of their master * Fraudulently embezzled that property Fraudulently – Dishonestly obtained, at the time they took the item they had the intention to permanently deprive the property from them. Embezzled – To constitute embezzlement the property must have been received by the accused on the account of his or her master or employer (customer money straight in pocket).

Answer 231

• The accused • Received, disposed of, or attempted to dispose of stolen property • The stealing was a serious indictable offence • The accused knew the property was stolen at the time they received, disposed of, or attempted to dispose of it. – It must be shown that the goods were the result of a serious indictable offence – e.g. Larceny. – The accused must know the status of the property was stolen at the time they received it. – If the accused innocently comes into possession of property then becomes aware of its status and either retains it or attempts to dispose of it, it is still an offence.

Answer 232

* The accused * Used deception * Obtained property, financial advantage or caused financial disadvantage. – Fraud includes where the accused forms the intent to permanently deprive after the item is stolen.

Answer 233

* The accused * Made a false document * With the intent to induce the victim to accept it as genuine.

Answer 234

* The accused * Used a false document * With the intent to induce the victim to accept it as genuine.

Answer 235

• The accused • Had anything • In his or her custody, or the custody of another, or in the premises • Which reasonably may be suspected of being stolen or unlawfully obtained – 6 month statute of limitations for goods in custody. – 2 year statute of limitations for goods in custody relating to motor vehicles. – Reflects that the goods were stolen or unlawfully obtained. – May not be able to be convicted for the original stealing offence. – Police do not need to prove that the goods were stolen but must prove that it is reasonable to assume the goods were stolen or otherwise unlawfully obtained. – Suspicion must be on the goods and not on the person who is in possession. Cannot base decision on the item being stolen on a person’s criminal history, only on the item. – Viable defence if the accused satisfies the court that he/she had no reasonable grounds for suspecting that the thing was stolen or otherwise unlawfully obtained.

Answer 236

Domestic relationship + personal | violence offence.

Answer 237

P – Prohibited under the Weapons Prohibition Act. S – Spear gun. A – Device (not a firearm) capable of discharging any irritant or capable of bodily harm. F – Firearm, spare barrel, ammunition. E – Detonator or fuse capable of use with an Explosive or detonator.

Answer 238

D – Dangerous article. M – Made or adapted for the use of causing injury to another. I – Intended to menace, injure or damage property. L – Laser pointer. K – Knife.

Answer 239

A cycle of domestic violence that will continue without intervention or until a person meets their death. Comprises of the following phases: - Pursuit Phase - Honeymoon Phase - Build Up Phase - Stand-over Phase - EXPLOSION - Remorse Phase * Back to Pursuit Phase and so on*

Answer 240

``` When one person attempts physical or psychological domination and control over another person in a domestic relationship by one or more of the following: P – Physical violence E – Emotional and psychological abuse E – Economic deprivation S – Sexual violence S – Social abuse T – Threats and intimidation ```

Answer 241

A person has a domestic relationship with another person if they are or have been: M – Married to the other person I – Intimate personal relationship to the other person (whether or not sexual in nature) S – Same household as the other person S – Same residential facility (at the same time) as the other person. NOT including gaols D – De-facto partner to the other person O – Ongoing dependence or care of the other person R – Relative of the other person A – ATSI extended family or kin

Answer 242

``` The following mnemonic is used to define which offences are considered 'DV' when committed in the confines of a 'Domestic Relationship' (defined under s. 5 CDPVA): B – Breach of Apprehended Violence Order (AVO). A – Assaults (all manner) • Murder/manslaughter • Documents containing threats • Wounding and grievous bodily harm • Attempts to choke • Use intoxicating substance • Use poison • Food deprivation • Assault occasioning ABH • Common assault • Sexual assault • Kidnapping • Child abduction D – Damage to property • Damage/destroy property • Threatening to damage property • Possess explosive with intent to damage property. G – Guns • Causing danger with firearm/spear gun • Firing at a house or dwelling A – Attempts at anything in this list S – Stalking and intimidation • Stalking/Intimidation with intent to cause fear of physical/mental harm. ```

Answer 243

A tool used to categorise the severity of a DV incident so that appropriate action may be taken. Applies only to intimate victims (male and female) aged 16 years and older.

Answer 244

People who are (or have been) in an intimate partnership. Includes: • Married • Engaged to be married • Divorced • Separated • De-facto partners • Dating • Promised to each other under cultural or religious tradition. – Includes same sex partners. – Whether or not they had a sexual relationship is not relevant. Not Intimate = Everything else. E.g. Family members, friends etc...

Answer 245

DVSAT sticker is the first thing in the notebook, prior to details and taking the statement. - 1 sticker per victim, take the statement as per normal, ask DVSAT questions, if there is anything else additional then add it to the statement. - Have the victim sign the statement. - Part A is completed per intimate victim and part B is completed for each victim including those that aren't intimate.

Answer 246

``` • Following a person • Watching a person • Frequenting the vicinity or on approach of the person's: o Place of residence o Business or work o Area of social/leisure activity ```

Answer 247

• Conduct amounting to the harassment or molestation of the person. • Any approach made by the person by any means that causes the person to fear for his or her safety. • Any conduct that causes a reasonable apprehension of: o Injury to any person. o Violence or damage to any person or property.

Answer 248

• The accused • Stalks or intimidates the victim • With intent to cause fear of physical or mental harm. – Includes those in domestic relationships. – Intention includes conduct not intended but 'likely' it could cause fear. – Prosecution not required to prove actual fear by the victim.

Answer 249

PO may gain entry on reasonable suspicion the following is occurring or likely to occur: • Breach of the peace. • Person has suffered significant physical injury (or there is imminent danger of this). – PO may only enter and remain on the property to stop it or prevent it from occurring.

Answer 250

PO may gain entry and stay for a reasonable amount of time on premises to: • Detain a person under an act. • Arrest a person. – PO may search the premises for the person.

Answer 251

``` PO on entry to a dwelling should: M – Make presence known/knock. A – Announce their office. S – State the reason for entry. A – Allow adequate time to comply. ``` – Generally relates to warrants but is considered best practice.

Answer 252

• PO invited in to a dwelling by any occupier may stay to: o Investigate a DV offence. o Prevent a DV offence. • So long as the PO believes on reasonable grounds a DV offence is occurring, recently occurred, likely or imminent. • PO may also exercise the following powers for the purposes of preserving evidence relating to the DV offence until such time as a s. 83 warrant is issued: o Direct a person to leave, or not to enter, the dwelling. o Remove a person who fails to leave the dwelling. o Prevent a person from entering the dwelling. o Prevent a person removing evidence or interfering with the dwelling or anything in it and, for that purpose, detain and search the person. • If permission to stay is removed, PO may remain on premises to exercise the above preservation powers until such time as a s. 83 warrant is issued. – Invitations are valid from both children and adults residing in the dwelling. – PO may rely on other sections in order to remain on premises for the purposes of dealing with a DV incident (s. 9 and; s. 10 LEPRA).

Answer 253

• If PO believes on reasonable grounds a DV offence is occurring, recently occurred, likely or imminent – AND – • It is necessary to enter the premises to: o Investigate a DV offence. o Prevent a DV offence. • PO may apply for a warrant if denied entry or refused authority to remain in premises. • Warrant allows police to enter and remain in the premises.

Answer 254

It is an offence to hinder or obstruct PO in the execution of a warrant.

Answer 255

PO who lawfully enters a dwelling under this part may: P – Prevent a DV offence. I – Investigate a DV offence. R – Render aid to any person injured. A – Arrest a person. F – Firearms (inquire, search and seize) ← MUST BE DONE, not optional. – PO may remain in dwelling only as long as necessary to perform the above.

Answer 256

• If PO has reasonable suspicion a DV offence is occurring, recently occurred, likely or imminent – AND – • PO is informed that no firearms exist in the dwelling BUT reasonably suspect otherwise. • PO must apply for a search warrant. Search warrant allows PO to: • Enter and search the dwelling concerned for firearms. • Seize and detain any firearms found in the dwelling.

Answer 257

PO who enters a dwelling under this act may search, seize and detain a: • Dangerous article. • Dangerous implement (other than a laser pointer). So long as the PO believes on reasonable grounds that the dangerous article/implement is: • Located within the dwelling. – AND – • Currently, was previously or may be used to commit a DV offence.

Answer 258

An order from the court (or sergeant in the case of a provisional AVO) that places restrictions on a person (defendant) in order to protect the PINOP (Person In Need Of Protection).

Answer 259

The victim in a DV incident. Usually referred to in the application for an AVO, as this person requires protection from the defendant.

Answer 260

An AVO specific to domestic relationships.

Answer 261

An AVO excluding domestic relationships.

Answer 262

An AVO application includes the following details: F – Fears of police or PINOP. I – Issues such as; family law, drugs and alcohol, mental health, firearms, weapons. R – Relationship between PINOP and Defendant. E – Examples of violence used. H – History of children, violence and types of abuse. P – Previous AVO's.

Answer 263

Police apply for this AVO if there are immediate fears for the safety of the victim. • AVO in force until midnight on 28th day. • AVO granted by a senior police officer, Sgt. or above, or the central justice panel. • AVO in effect from the moment served to the defendant (record time and notify VKG).

Answer 264

An order made by the court based on the commission of certain offences, serious offences mentioned in s. 40 CDPVA: • AVO in force until revoked or a final order (AVO) has been made. An Interim AVO is an order made by the court either: • Extending a Provisional AVO or • Where the court agrees that it is necessary or appropriate for someone to have temporary protection.

Answer 265

Is not an order, but a summons to appear before the court for an application to seek an order. • There must be no immediate safety concerns. • Commonly used when a Provisional AVO has been declined. • Not appropriate for child abuse, stalking, intimidation or a domestic violence offence. • Can be applied for by the PINOP at a local court.

Answer 266

Court made order prior to the expiry of a provisional AVO or at the conclusion of a non-urgent AVO application. • Granted for the long term protection of the PINOP. • Duration can be from 6 months to 5 years and conditions can be varied or revoked over the time. • AVO not in force until served on the accused.

Answer 267

(1) PO must apply for a Provisional AVO if there is reasonable suspicion the following is occurring, has occurred, is imminent or likely against the PINOP: • D – DV offence. • S – Stalking / Intimidation. • C – Child abuse offence. - AND - • PO believes an order should be made immediately for the safety/protection of the PINOP. (2) The order can be made by any PO (3) & (4) No need to apply for AVO if: • There is already an order in force. • There is a 'good reason' not to apply. • The person above 16 years of age intends to apply for their own AVO. (5) Any decision not to apply must be recorded in PO's notebook. (6) 'good reason' does NOT include when the PINOP is reluctant, particularly if they were: • A victim of violence or at significant threat of violence. • Someone with an intellectual disability and have no guardian.

Answer 268

Same as s. 27 but applies to Non-Urgent AVO's. Makes NO mention of making the order immediately for the PINOP's safety and protection.

Answer 269

An application for a Non-Urgent AVO can be made by the following: • PINOP • Guardian of the PINOP • PO – In the case of a child PINOP, only a PO may make the application.

Answer 270

• Must not assault, molest, harass, threaten or otherwise interfere with the protected person(s) or a person with whom the protected person(s) has/have a domestic relationship. • Must not engage in conduct that intimidates the protected person(s) or a person with whom the protected person(s) has/have a domestic relationship. • Must not stalk the protected person(s) or a person with whom the protected person(s) has/have a domestic relationship.

Answer 271

PO may request a person whose identity is unknown to disclose their identity if they suspect on reasonable grounds that an AVO has been made against the person.

Answer 272

A person who knowingly contravenes a condition specified in an AVO is guilty of an offence. – Excludes when contravention was in compliance of an Ancillary Property Recovery Order.

Answer 273

Allows the defendant to remove personal property (whom legal claim of right exists) from a dwelling co-occupied by the PINOP under the following conditions: • Access to be at times suitable to the PINOP and the PO. • Defendant to be accompanied by a PO or another specified person during removal. • The order must specify the property to be retrieved. • No force can be used.

Answer 274

PO who is making or about to make an application for a Provisional or Interim APVO may give a direction for the defendant of the AVO to: • Remain at the scene of the incident. • If the person has left the scene, to remain at another place where the PO can locate them. – PO may detain the person if they refuse any of these directions.

Answer 275

PO who is making or about to make an application for a Provisional or Interim ADVO may give a direction for the defendant of the AVO to: • Remain at the scene of the incident. • If the person has left the scene, to remain at another place where the PO can locate them. • Go to and remain at a location agreed upon by the person. • Go to and remain at a police station. • Accompany a PO to a police station and remain there. • Accompany a PO to another location agreed to by the person. • Accompany a PO to another location (whether or not) agreed to by the person for the purposes of medical treatment. – PO may detain the person if they refuse any of these directions. – PO may detain the person in a police vehicle for reasonable amount of time to transport them.

Answer 276

PO who reasonably suspects a person is the defendant of an AVO may: • Direct the person to stay at a particular location for purposes of serving an AVO • Detain the person at the location, or a police station for the purpose of serving of the AVO.

Answer 277

PO may direct the person to remain or detain them for a reasonable amount of time: • To have the APVO or ADVO created, varied or served on the defendant. • Not exceeding 2 hours or whichever is lesser (excludes travel time to police station).

Answer 278

* Initial Complaint – obtain maximum amount of information including; name and location, type of premises, what has occurred, what is occurring now is someone injured, weapons/firearms, who is present now, seek condition of those involved (drugs/alcohol/mental state), AVO’s. * CAD – ILS, warnings, intel, AVO’s firearms, history, additional resources. * Assess Risk/ On Route – Checks, backup, offenders at scene, supervisor, officer safety. * At Scene – park safe distance, call off, observations, need for backup. * Entering Premises – assess risk to safety of you and others, announce and know powers of entry. * Upon Entry – Take control of the situation, locate and separate all persons, identify the victim and POI or attempt to locate absent parties, secure any weapons, maintain constant surveillance of partner, comply with legislative powers.

PPP155: Law, Policy and Procedure Session 1B Flashcards

(303 cards)