Random Need To Knows Flashcards
(6 cards)
Violent Disorder s.11A SOA 1986
- 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.
Riot - s.93B Crimes Act
- 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 15 years.
Affray s.93C Crimes Act
- 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.
Imprisonment 10 years.
Cannabis Caution Criteria
U - Under 15g S - Sufficient Evidence C - Consent to caution A - Admits to offence N - No other offences C - Cannot request or demand A - Appropriate in the circumstances P - Personal use only T - Two cautions only I - Identity is known O - Over 18 years old N - No previous offences for DV, violence, Drugs, sexual.
Rules when issuing an FCAN
A - Appearance in court by accused is assured
B - Bail conditions not required
I - Identity is confirmed
G - Guide card lists offence
(FCAN Book)
V - Victims or witnesses will not be intimidated by the accused.
I - Investigation is complete
C - Continuation of the offence will not occur
E - Evidence or Investigation will not be interfered with by accused.
4 reasons for not issuing FCAN (JAWS)
J - Juveniles (except traffic offences when of a licensable age)
A - Under the influence of drugs of alcohol
W - Accused has outstanding warrants (must be returned to station first)
S - Strictly indictable and domestic violence offences are committed.
