Revision for 1st Exam Flashcards
(115 cards)
Indecent Exposure
Summary Offences Act 1981
In OR within view of a public place
Intentionally and obscenely
Exposes any part of his or her genitals
Indecent Act in Public Place
Crimes Act 1961
Section 125
Wilfully does
Any Indecent Act
In any place to which the public have or are permitted to have access, OR within view of any such place.
Section 110
Search and Surveillance Act 2012
Incidental powers:
- Use force on that property to execute a search power
- Bring or use equipment or other people to assist
- Bring an enforcement dog
- Take or copy any document that may lawfully be seized
- Photo or take recordings
S8 of the Victims Rights act states that Victims are entitled to:
Medical, Welfare, Counselling, Legal
Punishment for theft?
Greater than $1000 - 7 years
$500 - $1000 - 1 year
$0 - $500 - 3 Months
Dishonestly Gets Into or Upon
Dishonestly
Without Claim of Right
Gets into or upon
Any or part of vehicle, ship or aircraft
Section 29
Search and Surveillance Act
if you believe that stolen property is in that vehicle you may search that vehicle without warrant.
Section 40
Oranga Tamariki Act 1989
Warrant to remove CYP, made by a court order
What are the three types of violence identified in the Family Violence Act 2018?
- Physical Abuse
- Sexual Abuse
- Psychological Abuse
Wilful Damage
Summary Offences Act 1981
Section 11(1)(a)
Intentionally -
A deliberate act, without lawful justification, excuse or claim of right. OR A reckless act (where the possible consequences are forseen but continues the act regardless of the risk, without lawful justification, excuse or claim of right.
Damages - Temporary or permanent reduction in the value and/or usefulness of the property.
Property - Something that belongs to another person and is capable of being damaged.
What does VAWSEEPO stand for?
Victim
Appreciation
Witness
Scene
Exhibits
Elements
Powers
Offender
Section 96
Land Transport Act 1998
You must seize and impound a motor vehicle if you believe that a person drove a vehicle while:
- Disqualified from holding or obtaining a license
- Had their license suspended or revoked
- They were not holding a license and had been previously forbideen from driving
- They have over 400mcg of alcohol per litre of breath AND have 2 convictions for relevant offences in the past 4 years.
- They have over 80mgm of alcohol per 100ml blood AND have 2 convictions for relevant offences in the past 4 years.
- They have refused a blood test and have two previous convictions for any relevant offence within the last four years.
Burglary
Crimes Act 1961
Section 231 (1)a)
Enters
Entry is complete as soon as any part of the body of the person or any part of any instrument used by that person, is within the building or ship.
Any building or any ship or any part of a building or ship
Any building or structure of any description, whether permanent or temporary; and includes a tent, caravan, or houseboat; and also includes any enclosed yard or any closed cave or closed tunnel.
Without authority
An absence of authority, either expressed or implied, from a person the defendant believes is legally able to give consent.
With intent to commit an imprisonable offence
There must be an intention to commit an imprisonable offence. This offence does not have to be theft.
Victims must always be treated with……
Compassion, Courtesy, Privacy & Dignity
CCPD
Minor in Possession of Alcohol for Consumption
Summary Offences Act 1981: Section 38(3)(b)
Every person under 18 years of Age
Who has in his/her possesion for the consumption of
Alcohol
In a public place
While not accompanied by his or her parent or legal guardian
Five categories of people that Police can breath test?
- Any Driver on any road
- Anyone attempting to drive on any road
- Anyone you have good cause to suspect has recently committed an offence
- Any driver of a vehicle involved in an accident
- Where the driver is not known but you suspect that passengers in a motor vehicle may have been involved in a crash.
Any driver, attempts offences by accidentally not knowing
Unlawful Carriage OR Possession of a Firearm OR Airgun OR Pistol OR Prohibited Magazine OR Restricted Weapon OR Explosive
Section 45 Arms Act 1983
Except, for some lawful, proper or sufficient purpose
Carries OR is in possession of
Firearm OR Airgun OR Pistol OR Prohibted Magazine OR Restricted Weapon OR Explosive
P.R.E.F.A.P.
Section 17
Sale and Supply of Alcohol Act 2012
Off Licence
Can:
- Sell
- Deliver
- Arrange for delivery of
Alcohol for consumption off the premises described in the licence
Section 113
Land Transport Act 1998
- Direct a person to give details
- Inspect a vehicle for safety
- Move a vehicle blocking a road
- Direct another person to remove a vehicle from the road
- Forbid an unlicensed driver from driving
- Forbid a person from operating a transport service without a licence
- Direct a person not to cross a road
What does ADVOKATE stand for?
Amount of time
Distance from offender/ witnessed offence
Visibility (light/weather)
Obstructions between you and the offender/witnessed offence
Knowledge of the offender/victim (if victim has not come forward)?
Any reason why you can remember the offender/incident?
Time delay between the statement and the incident?
Errors that the witness may have made?
Offensive Behaviour
Summary Offenses Act 1981
Section 5A
In a public place or in view of a public place
Behaves in an offensive manner
Behaves in a manner that arouses feelings of anger, resentment or disgust that causes a disturbance to public order.
Section 122
Land Transport Act 1998
You can impound a vehicle for 12 hours if it is in the interest of public safety. This period may be extended for another 12 hours if nothing has changed.
Assault
Crimes Act 1961 Section 196 or Summary Offences Act 1981
Section 9
Assaults
Acts of intentionally applying or attempting to apply force to the person of another, directly or indirectly, OR threatening by any act or gesture to apply such force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that they have, the present ability to effect their purpose.
Another person
It has to be another person other than the offender.
When must a death be investigated?
Coroners Act
SCUMBIE
Suicide
Cause Unknown
Unatural / Violent
Medical (such as a death during surgery)
Births
Institutions (such as a person under arrest)
Enactment (people in mental hospitals)