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Flashcards in Receiving Deck (21):
1

How is guilty knowledge proved?

DIRECT EVIDENCE
O-offender admission
CIRCUMSTANTIAL EVIDENCE
D-denies possession of the property
U-under values price
C-conceals property
C-conduct in relation to the property
A-amount and nature of the property

2

what is voiding?

The owner has recognized his or her property. Has been deceitfully obtained and makes a complaint to the police or contacts whoever obtained it before it is handed on to the 3rd person

3

What are the admissibility rules for a statements of a CYP?

No statement made by a child or young person is admissible unless
1-Caution rights explained
2-CYP allowed to consult solicitor or nominated person
3-Statement made in the presences made in the presences of a lawyer or nominated person

4

What is the doctrine of possession?

A legal presumption that the person with the stolen property is either the thief or a dishonest receiver.

5

What is the punishment for receiving?

+$1000=7 years
$500-$1000 = 1 year
-$500 = 1 month

6

What is an election?

In category 3 upwards the defendant has a right to choose a judge alone trial or a jury

7

List some examples of receivers?

1-Pawn shops
2-Professional (Organised offense as business operation)
3-Opportunists (pub sales)

8

What is hearsay?

Is only possible if a person is not the witness. If the statement is not from the witness it may need to be proved by the statement maker.

9

How can hearsay be admissible in court?

C-Contents
H-How the statement was taken
A-Accuracy
N-Nature of the statement
T-Truthfulness of the staement

10

What are the situations that would mean a witness would be unavailable?

D-Dead
U-Unfit age/physical or mental condition
N-Not compelling
C-Cannot be located with good due diligence
O-outside New Zealand

11

When is opinion accepted in court?

H- Handwriting
A-Age
M-mental & physical condition
I-Identification

12

What is propensity evidence?

Tendency to act in a particular manner

13

What are the notebook rules?

L-leaves torn out
E-erasures
G-gaps inconsistent
O-overwriting

14

What is meant by contemporaneous notes?

Notes made in close concession to events

15

When is Robbery complete?

Theft
must be an actual threat of violence
must be an intent to steal

16

Explain attempted robbery or assault with the intent to rob?

If violence is used or threats of violence are made but no property taken

17

What makes aggravated robbery?

GBH
2 or more people
offensive weapon or instrument

18

When is property no longer property under the criminal liability of receiving?

The property must be part or all of the original form for it to be classified as property.

19

A boy under 10 years of age steals a watch from a house and then gives it to his father. The father knows that the watch is stolen but decides to keep it. What is the father guilty of and what is the child guilty of?

Father=Theft(uses or deals with)
Son=Not criminally liable due to age

20

What does pursuant mean?

According to an act

21

When is receiving not possible?

Police acting as agents
Converting
Using fraudulent means to obtain property