Session Two Law Policy Flashcards

Question

Offence of Contravening an AVO CDPVA 2007, S.14

Answer 1

* A person who knowingly contravenes a prohibition or restriction specified in an apprehended violence order made against the person is guilty of an offence * Maximum penalty: Imprisonment for 2 years or 50 penalty units, or both

Answer 2

Crimes Act s.125 **Larceny by bailee**

Answer 3

**Section 87, Law Enforcement (Powers & Responsibilities) Act** **_Dangerous article/implement (not laser pointer) that currently or previously or may be used to commit a domestic violence offence_** S.87 allows for police to search & seize dangerous implements from a dwelling providing certain preconditions are established. A police officer may **search** the dwelling for and **detain** a **_dangerous article or implement_**, as long as: 1. The police officer has entered the premises lawfully under a power in LEPRA 2. The police officer believes on reasonable grounds that: * A **_dangerous article_** or implement (other than a laser pointer) is in the dwelling, AND * The **_dangerous article/implement_** is being, was, or may have been or may be used to commit a domestic violence offence.

Answer 4

What are the elements of being within premises and then breaking out? 1. The accused 2. Enters 3. Dwelling-house or other building 4. Commits a serious indictable offence 5. Breaks out

Answer 5

• Pushing open a door that is ajar and not secured by latch or chain • Raising an already partially opened window not secured by latch or chain • Entering through a door or window that is already open. REMEMBER It is not a break if someone widens an already open window or door unless the window or door is held open by a fastening or security device, for example, a door chain.

Answer 6

Crimes act 156, Larceny by Clerk or Servant

Answer 7

Any of the following, committed within a defined domestic relationship: * A person violence offence, or * An offence (other than a personal violence offence) that arises from **_substantially the same circumstances_** as those from which a personal violence offence has arisen, or * An offence (other than a personal violence offence) the commission of which is **_intended to coerce or control_** the personal or to cause that person to **_be intimidated or fearful_**

Answer 8

Dwelling-house includes— ## Footnote (a) any building or other structure intended for occupation as a dwelling and capable of being so occupied, although it has never been so occupied, (b) a boat or vehicle in or on which any person resides, and (c) any building or other structure within the same curtilage as a dwelling-house, and occupied therewith or whose use is ancillary to the occupation of the dwelling-house.

Answer 9

In circumstances where a car appears to have been “STOLEN” and then left on the side of the road, the element of ‘intention to permanently deprive’ will be difficult if not impossible to establish. This will result in a prosecution of Taking a conveyance without consent of owner. Elements * Accused * Without consent * Takes and drives conveyance or * Knowing that any conveyance has been taken without such consent, drives it or allows him/herself to be carried in or on it.

Answer 10

Mandatory Reporters If a police officer suspects on reasonable grounds that a child is, was or will be at risk of significant harm, the police officer is required to report it

Answer 11

* The accused * Assaults the victim * Commits an act of indecency on or in presence of the victim at the time of the assault, or immediately before or after

Answer 12

**two for one** Schedule 1, Table 1 of the Criminal Procedure Act 1986 (NSW) shows indictable offences that are to be dealt with summarily unless the prosecutor or the person charged elects to have the matter heard by a judge and jury, in the District Court. They are known as Table 1 offences. **one for two** Schedule 1, Table 2 of the Criminal Procedure Act 1986 (NSW) shows indictable offences that are to be dealt with summarily unless the prosecutor elects to have the matter heard by a judge and jury, in the District Court. They are known as Table 2 offences.

Answer 13

Elements of the offence: 1. The accused 2. Assaulted 3. A person 4. Occasioning actual bodily harm i. Intentionally or recklessly ii. Without consent (a person cannot consent to assault occasioning actual bodily harm) iii. Without lawful excuse

Answer 14

What are the elements of the offence? 1. Ben 2. Clerk of Liquorland 3. Receives cartons of Crown Lager on behalf of employer 4. Fraudulently embezzles the Crown Lager

Answer 15

**LEPRA 2002 (NSW), Section 33 – Rules for conduct of strip search** (b) the strip search **_must not_ be conducted in the presence or view of a person who is of the opposite sex to the person being searched**, Unless it is a parent or guardian Subsection (1)(b) does not prevent any such person who is of the opposite sex to the person being searched from being present during the search.

Answer 16

Crimes (Domestic and Personal Violence) Act 2007 (NSW), Section 13 Elements of Stalking and Intimidation * The defendant * Stalks or Intimidates * Another person (the victim) * Intending to cause the other person to fear * Physical harm, or mental harm * To the victim themselves, or to a person with whom the victim has a domestic relationship

Answer 17

LEPRA 2002 (NSW), Section 31 - Strip searches ## Footnote A police officer may carry out a strip search of a person if: (a) in the case where the search is carried out at a police station or other place of detention—the police officer suspects on reasonable grounds that the strip search is necessary for the purposes of the search, or (b) in the case where the search is **_carried out in any other place_** — the police officer suspects on reasonable grounds that the strip search is **_necessary_** for the purposes of the search and that the **_seriousness and urgency of the circumstances_** make the strip search necessary

Answer 18

B. Leave the house

Answer 19

Affray is a Table 1 offence

Answer 20

A police officer who **_believes on reasonable grounds_** domestic violence offence: * Committed or likely to be committed * **_In any dwelling_** * If invited to do so by a person who apparently resides in the dwelling (whether or not the person is an adult) * Enter the dwelling and remain in the dwelling * **_To investigate_** whether a domestic violence offence has been committed * **_To take action to prevent the commission or further commission_** of a **_domestic violence offence_** * Cant remain in the dwelling - if entry expressly refused by an occupier of the dwelling - Not authorised to remain, i.e., another act or crime scene powers •BUT can remain - If a person who police believe to be a victim - Gives permission for police to stay •Even though another occupier has refused entry

Answer 21

Larceny is punishable by five years’ imprisonment, therefore is a serious indictable offence.

Answer 22

Elements * Accused * Clerk or Servant * Receives property on behalf of employer * Fraudulently embezzles that property

Answer 23

**impaired intellectual functioning means —** ## Footnote (a) total or partial loss of a person’s mental functions, or (b) a disorder or malfunction that results in a person learning differently from a person without the disorder or malfunction, or (c) a disorder, illness or disease that affects a person’s thought processes, perceptions of reality, emotions or judgment, or that results in disturbed behaviour

Answer 24

Crimes act s.188 **Receiving stolen property where stealing a serious indictable offence**

Answer 25

Section 59, Crimes Act – Imprisonment for 5 years (Serious indictable offence) * The accused * Assaulted - Intentionally or recklessly - Without consent - Without lawful excuse * A person * Occasioning actual bodily harm

Answer 26

**Section 83, Law Enforcement (Powers & Responsibilities) Act** (a) has been denied entry to a specified dwelling or is **_expressly refused authority to remain in a specified dwelling by an occupier of the dwelling_**, and (b) the police officer suspects that— (i) a **_domestic violence_** offence is being, or may have been **_recently, committed, or is imminent_**, or is likely to be committed in the dwelling, and (ii) it is necessary for a police officer to enter the dwelling immediately, or to remain in the dwelling, in order to investigate whether a domestic violence offence has been committed or to take action to prevent the commission or further commission of a domestic violence offence.

Answer 27

You must not do any of the following to (PINOP) or anyone they have a domestic relationship with: a) Assault or threaten them b) Stalk, harass or intimidate them and c) Intentionally or recklessly destroy or damage any property that belongs to or is in possession of (PINOP)

Answer 28

Crimes Act s.**156** Larceny by clerks or servants

Answer 29

5 years imprisonment; Crimes Act 1900 (NSW) Section 117

Answer 30

Crimes Act s.154F **Stealing motor vehicle, vessel or trailer**

Answer 31

**“83 LEAVE ME”** If the police have been denied entry, they can apply for a warrant **In order to apply for a warrant, police must show that:** * They have been denied entry * A **_Domestic Violence offence has recently been, is being committed, is imminent, or is likely to be committed_** * **_It is necessary for the police to enter immediately to investigate and take action to prevent the further commission of offences_**

Answer 32

What are the circumstances of special aggravation of break offences? when the alleged offender: • Intentionally **wounds** or intentionally inflicts **GBH** on any person • Inflicts **GBH** on any person and is reckless as to causing ***ABH*** to that or any other person • Armed with a **dangerous** weapon

Answer 33

Temporal Coincidence occurs when mens rea and actus reus coincide in time. Then criminal liability may be established.

Answer 34

Crimes Act s.154F Stealing motor vehicle, vessel or trailer

Answer 35

1. Accused 2. Without consent 3. Takes and drives conveyance or 4. Knowing that any conveyance has been taken without such consent, drives it or allows him/herself to be carried in or on it.

Answer 36

* A Police Officer 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 37

**Police may enter and stay for a reasonable amount of time to:** * Detain a person under an Act * Arrest a person Police may search premises for person * police officer may enter a dwelling to arrest or detain a person only if the police officer believes on reasonable grounds that the person to be arrested or detained is in the dwelling.

Answer 38

Wounding requires the breaking of the continuity of the skin - dermis (interior layer) and epidermis (outer layer). Source: (R v Smith 1837) It need not involve the use of a weapon. Source: R v Shepherd (2003) Defined at common law, wounding involves the breaking of the skin (dermis). It is an injury in which the skin, tissue, or an organ is broken by some external force such as a blow or incision or deep laceration, with damage to the underlying tissue.

Answer 39

**Mens rea (mind)** - i.e. the offender had the mind-set that they would steal because they took and carried away etc. and intended that the taking would be permanent. **Actus reus (physical act)** - the property belonged to another and was taken and carried away without consent

Answer 40

ID, CCTV, witness statements, admissions of the accused, recovering the stolen property

Answer 41

Crimes act 154F Stealing motor vehicle ## Footnote 1. Accused 2. Steals • elements of larceny 3. Motor vehicle, vessel or trailer.

Answer 42

Crimes Act 1900 (NSW), Section 93B Elements of Offence: * **_12 or more persons_** were present together; and * Used or threatened to use unlawful violence for a common purpose; and * Their **_conduct taken together_** was such that it would cause a person of reasonable firmness present at the scene to fear for his/her safety; and The accused was one of those present who used unlawful violence (punishable imprisonment 15 years) Against person OR property

Answer 43

Section 61HB, Crimes Act * Sexual touching means a person touching another person- * With any part of the body or with anything else, or * Through anything, including anything worn by the person doing the touching or by the person being touched, in circumstances where a reasonable person would consider the touching to be sexual

Answer 44

Larceny by clerks or servants occurs when the subject property or money is taken from the possession of the employer, i.e., it is owned by the employer. Elements * Accused * Clerk or servant of master/employer * Steals property: elements of larceny must be established * Property belonging to the accused's master/employer

Answer 45

Physically placing hands on an item, and requires only the slightest movement of the property

Answer 46

* PINOP * Guardian of the PINOP * Police officer

Answer 47

Section 10, Law Enforcement (Powers & Responsibilities) Act

Answer 48

Crimes Act s.**154A** Taking a conveyance without consent of owner

Answer 49

* Entry has been denied * It is necessary to enter the dwelling, and * They suspect on reasonable grounds that a domestic violence offence is/was/imminent/likely to occur, and * It is necessary to investigate

Answer 50

**Section 11A, Summary offences Act** * Where **_three or more persons_** are together using or threatening unlawful violence * The **_conduct of them (taken together)_** was such that it would have caused a person of reasonable firmness present at the scene to fear for his/her safety * Each of the **_persons who threatens or uses unlawful violence is guilty of this offence_**

Answer 51

Crimes Act s.154A **Taking a conveyance without consent of owner**

Answer 52

* Section 86, LEPRA * If all the people involved in the domestic incident say that there are no firearms, but police believe on reasonable grounds that there may be firearms, police must apply for a search warrant

Answer 53

Larceny is classified as a B. Serious indictable offence

Answer 54

1. Provisional 2. Interim 3. Non-urgent 4. Final

Answer 55

* Police apply for this AVO if there are **_immediate fears for the safety of the victim_** * **_Enforceable the minute it has been served_** to accused * **_In force until revoked, withdrawn, dismissed or from the moment when an interim/final order is served to the defendant_** (CDPVA 2007, S.32- Duration) * **_Granted by a senior police officer, Sgt or above, or the Central Justice Panel_**

Answer 56

* Statements from witness/victim/owners * Actions of the accused * Exhibits * CCTV * Admissions of the accused

Answer 57

**Section 35, Crimes Act** * The accused * Wounds any person * Is reckless as to causing actual bodily harm to that or any other person is guilty of an offence

Answer 58

**Goods in Custody:** It must be proven that the goods are *_reasonably suspected*_ of being _*stolen or otherwise unlawfully obtained_*. It is not necessary to prove that the goods are actually stolen or unlawfully _obtained,_ or that the accused knows the goods _are stolen or unlawfully obtained._ **Receiving:** It must be proven that the *_accused_* knew the goods were *_stolen_* at the time they received, *_disposed_* of, or attempted to *_dispose_* of them. *_Knowledge_*, in the mind of the accused, is an important element in proving the offence of Receiving

Answer 59

Both offences involve a criminal act performed by a person in the capacity of a clerk or servant Generally: * Embezzlement by clerks or servants occurs **before** the property or cash comes into possession of the employer, i.e., it is taken before it is owned by the employer * Larceny by clerks or servants occurs **after** the property or cash comes into possession of the employer

Answer 60

* Entry by invitation (Section 82, LEPRA) * Power to enter in emergencies (Section 9, LEPRA) * Power to enter to arrest or detain someone or execute a warrant (Section 10, LEPRA) * Entry by warrant where entry denied (Section 83, LEPRA) Powers that may be exercised on entry into premises * Powers that may be exercised on entry into premises (Section 85, LEPRA) * Crime scene powers (LEPRA part 7 & Section 82 (3A), (3B), 3C))

Answer 61

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

Answer 62

Section 61KF, Crimes Act * The accused * Without consent of the alleged victim * Knowing the victim does not consent * Intentionally * Carried out a sexual act * Towards the victims * In circumstances of aggravation

Answer 63

Under the Children and Young Persons (Care and Protection) Act 1998 s. 23 it's when the Children or Young persons; * Physical and psychological needs not met * Parents unable or unwilling to arrange medical care * Parents unable or unwilling to allow child to receive education * Physically or sexual abused or ill-treated -Exposed to domestic violence -Suffering serious psychological harm or at risk of

Answer 64

Stalking includes: a) The following of a person about, or b) The watching or frequenting of the vicinity of, or an approach to, a person’s place of residence, business or work or any place that a person frequents for the purposes of any social or leisure activity, or c) Contacting or otherwise approaching a person using the internet or any other technologically assisted means

Answer 65

Elements of Larceny: 1. The accused 2. Without consent 3. Fraudulently 4. Without legal claim of right 5. Takes and carries away property 6. Belonging to another 7. With Intent to permanently deprive the owner

Answer 66

Crimes act s.**117** Larceny

Answer 67

An act (other than sexual touching) carried out in circumstances where a reasonable person would consider the act to be sexual. Whether the person carrying out the act does so for the purpose of obtaining sexual arousal or sexual gratification

Answer 68

•Domestic violence is when **_one_** person **_attempts physical_** or **_psychological_** domination and **_control_** of the other within a **_domestic_** relationship by one or more of the following: * Physical violence * Sexual violence * Threats and intimidation * Emotional/psychological abuse * Economic deprivation * Coercive control

Answer 69

* The accused * Had sexual intercourse with another person * Without consent of the other person * Knew the other person did not consent to the sexual intercourse

Answer 70

The breaking of the seal, interfering with the physical security of the dwelling-house or other building. Examples of actual breaking • Smashing or jemmying open a window or door • Opening a window or door that is closed - they do not need to be locked • Removing tiles from a roof • Opening a cellar door held down by its own weight • Opening an interior door - not a cupboard • Flicking the latch or chain off an otherwise partially opened window or door.

Answer 71

(a) the alleged offender _intentionally wounds or intentionally inflicts grievous bodily harm_ on any person, (b) the alleged offender inflicts _grievous bodily harm_ on any person and is _reckless as to causing actual bodily harm to that or any other person,_ (c) the alleged offender is _armed with a dangerous weapon._

Answer 72

* Includes any **_hurt_** or **_injury_** calculated to interfere with the **_health_** or **_comfort_** of the victim * •Such **_hurt_** need not be **_permanent_** but must be more than merely **_transient_** and **_trifling_** e.g. scratches & bruises

Answer 73

* Physical (e.g. broken bones) * Sexual (e.g. bruising to genital areas) * Psychological (e.g. making them feel worthless) * Neglect (e.g. not feeding enough/at all)

Answer 74

**LEPRA 2002 (NSW), Section 33 – Rules for conduct of strip search** A parent, guardian or personal representative of the person being searched **_may, if it is reasonably practicable in the circumstances,_** be present during a search if the person being searched has no objection to that person being present.

Answer 75

154A Crimes act, Taking a conveyance without consent of owner

Answer 76

**_Crimes Act 1900 s. 61KC_** * The accused (alledged offender) * Without consent * Knowing they had no consent * Sexually touched the victim (a) sexually touches the alleged victim, or (b) incites the alleged victim to sexually touch the alleged offender, or (c) incites a third person to sexually touch the alleged victim, or (d) incites the alleged victim to sexually touch a third person,

Answer 77

**Yes under section 85(2) of LEPRA** Police **_MUST_** inquire as to the presence of any firearms in the dwelling

Answer 78

circumstances of aggravation means circumstances involving any one or more of the following— ## Footnote (a) the alleged offender is armed with an offensive weapon, or instrument, (b) the alleged offender is in the company of another person or persons, (c) the alleged offender uses corporal violence on any person, (d) the alleged offender intentionally or recklessly inflicts actual bodily harm on any person, (e) the alleged offender deprives any person of his or her liberty, (f) the alleged offender knows that there is a person, or that there are persons, in the place where the offence is alleged to be committed.

Answer 79

Detention and direction of defendant for making and serving a provisional AVO

Answer 80

Yes they can Crimes act s.61AA Defence of lawful correction (1) In criminal proceedings brought against a person arising out of the application of physical force to a child, it is a defence that the force was applied for the purpose of the punishment of the child, but only if— (a) the physical force was applied by the parent of the child or by a person acting for a parent of the child, and (b) the application of that physical force was reasonable having regard to the age, health, maturity or other characteristics of the child, the nature of the alleged misbehaviour or other circumstances. (2) The application of physical force, unless that force could reasonably be considered trivial or negligible in all the circumstances, is not reasonable if the force is applied— (a) to any part of the head or neck of the child, or (b) to any other part of the body of the child in such a way as to be likely to cause harm to the child that lasts for more than a short period.

Answer 81

* K**nowledge** of the **existence** of the item * K**nowledge** of the likely **nature** of the item

Answer 82

What is a defence for GIC? It is a sufficient defence if the defendant satisfies the court that he or she had no reasonable grounds for suspecting that the thing referred to in the charge was stolen or otherwise unlawfully obtained. If this defence is raised, the onus is on the accused. E.g. Police find a person in possession of a small quantity of drugs and $10,000 that they reasonably suspect was unlawfully obtained. The defence provided to the court was that the money was given to her by her father. The father gave evidence and bank statements were tendered in evidence of the transaction.

Answer 83

**Actual** • Expressed • Implied **Constructive** • Finding • Mistake • Trick

Answer 84

* Section 418, Crimes Act

Answer 85

(a) the alleged offender is _armed with an offensive weapon_, or instrument, (b) the alleged offender is in the _company of another person or persons_, (c) the alleged offender uses _corporal violence_ on any person, (d) the alleged offender _intentionally or recklessly inflicts actual bodily harm on any person_, (e) the alleged offender _deprives any person of his or her liberty,_ (f) the alleged offender knows that _there is a person, or that there are persons, in the place where the offence is alleged to be committed._

Answer 86

For property to be stolen, it needs to be: **Tangible** Have **monetary** value Be **personal** property Does not include **real** property (e.g. land)

Answer 87

What are the elements of breaking into and entering premises? 1. **The accused** 2. B**reaks** and 3. E**nters** 4. **Dwelling-house** or other building and 5. Commits a **serious indictable offence**

Answer 88

moving from the outside to the inside of the dwelling-house or other building. * for example, a person's arm through an open window.

Answer 89

Crimes Act s.157 **Embezzlement by clerks or servants**

Answer 90

Crimes Act s.156 **Larceny by clerks or servants**

Answer 91

Crimes Act s.**527C** Persons unlawfully in possession of property

Answer 92

* where you find the alleged offender * the time since the offence * the item the offender is carrying * guilty knowledge inferred from silence or with no other reasonable explanation for possession offered.

Answer 93

Stealing motor vehicle, vessel or trailer – must prove all elements of larceny including: * Intention to permanently deprive. Taking a conveyance without consent of owner - do not need to prove: * Intention to permanently deprive.

Answer 94

**Crimes Act 156 Larceny by clerk or servent** 1. Kate 2. Clerk of Kmart employer 3. Steals $50 (elements of larceny must be established) 4. Belonging to the Kmart employer

Answer 95

Includes any hurt or injury calculated to interfere with the health or comfort of the victim. Source: R v Lardner (1998) Such hurt need not be permanent but must be more than merely transient and trifling, for example, scratches and bruises. Source: McIntyre v R (2009

Answer 96

At common law, larceny is committed by a person who, _without the consent_ of the owner, _fraudulently_ and _without a 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_. Source: Wilson and Dawson JJ Ilich v R (1987) 162 CLR 110

Answer 97

Elements * Accused * Uses a deception * Dishonestly obtains property belonging to another or obtains any financial advantage or causes any financial disadvantage.

Answer 98

A 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 * DV offence * Stalking/intimidation * Child abuse offence

Answer 99

* Identifies the threat level of future harm to DV victims * 2 types of classifications for DV offence: * Intimate & Non-intimate * Applies to both male and female victims aged 16 years and over * Part A & B: Intimate relationships * Part B: Non-intimate relationships

Answer 100

* Arrest: Where police make it plain that the person they are arresting is not free to leave * Detention: The time taken to evoke a legal process E.g. LEPRA 2002, S.21 and Sections 89,89A-90 CDPVA 2007, (where police can direct a person to remain in that location while they apply for and serve a provisional order)

Answer 101

Crimes act s.192E Fraud

Answer 102

Touching another person in circumstances where a reasonable person would consider the touching to be sexual

Answer 103

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

Answer 104

* Pursuit phase * Honeymoon phase * Build-up phase * Stand-over phase * EXPLOSION * Remorse phase

Answer 105

a) Conduct (incl. cyberbullying) **_amounting to harassment or molestation_** of the person, or b) **_Approach made to the person by any means_** (incl. phone, text, email & other technologically assisted means) that causes the **_person to fear for his or her safety_** c) Conduct that causes a reasonable **_apprehension of injury_** to a person or to a person with whom he or she has a d**_omestic relationship, or the violence or damage to any person or property_**

Answer 106

What are the 3 different levels of belonging to another? 1. Control 2. Ownership 3. Possession

Answer 107

What test do we apply when establishing the element of ‘fraudulently’? _Objective Test - Reasonable third person_. That at the time of taking and carrying away, the accused had _dishonest intent._

Answer 108

* 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 DV offence * Can be applied for by the PINOP at a local court

Answer 109

Children and Young Persons (Cae and protection) Act 43 Removal of children and young persons without warran (1) If the Secretary or a police officer is satisfied, on reasonable grounds— (a) that a child or young person is at **_immediate risk of serious harm_**, and (b) that the making of an **_apprehended violence order would not be sufficient_** to protect the child or young person from that risk, the Secretary or police officer may (without the need for any authority other than that conferred by this subsection) remove the child or young person from the place of risk in accordance with this section. (2) If the Secretary or a police officer suspects a person is a child and suspects on reasonable grounds— (a) that the person is in need of care and protection, and (b) that the person is not subject to the supervision or control of a responsible adult, and (c) that the person is living in or habitually frequenting a public place,

Answer 110

Section 33, Crimes Act * The accused * Wounds any person, or * Causes grievous bodily harm to any person with intent to cause grievous Definition of wounding * Wounding requires the breaking of the continuity of the skin – dermis (interior layer) and epidermis (outer layer)

Answer 111

Section 82, Law Enforcement (Powers & Responsibilities) Act

Answer 112

Crimes Act s.148 **Stealing property in a dwelling-house**

Answer 113

Domestic Relationship + Personal Violence Offence

Answer 114

Police do not have to prove the goods in the **_custody**_ of the accused were _**stolen_** - HOWEVER they must prove that it was **_reasonable**_ to suspect the goods were _**stolen_** or otherwise unlawfully obtained. B. The goods.

Answer 115

* Reduced trauma for complainants in recounting evidence in front of offenders * Reduced difficulty in remembering details of incidents at a later court date as the recording will be played before any additional oral evidence is given by the complainant * An increased ability of complainants to give an accurate account of what happened * Brings the demeanour and experience of the complainant into the court room * Reduce or eliminate intimidation on the complainant to change their evidence * Increased rates of early pleas of guilty * Time savings for victims in giving statements

Answer 116

**LEPRA 2002 (NSW), Section 33 – Rules for conduct of strip search** * _A strip search must not involve a search of a person’s body cavities or an examination of the body by touch._ * _A strip search must not involve the removal of more clothes_ than the person conducting the search believes on reasonable grounds to be _reasonably necessary_ for the purposes of the search. * _A strip search must not involve more visual inspection_ than the person conducting the search believes on reasonable grounds to be reasonably necessary for the purposes of the search.

Answer 117

* Physical violence * Emotional and psychological abuse * Economic deprivation * Sexual violence * Social abuse * Threats and intimidation * Coercive control

Answer 118

Apply the elements to this specific offence: 1. The dry cleaner 2. Possesses coat for cleaning as a bailee 3. Takes coat for their own use to wear to a function 4. Acts fraudulently (without knowledge of the owner)

Answer 119

Stealing motor vehicle, vessel or trailer – **must prove all elements of larceny including**: • Intention to permanently deprive or the person doesn’t get it back in its original condition Taking a conveyance without consent of owner - **do not need to prove**: • Intention to permanently deprive or any elements of larceny.

Answer 120

An order from the court (or a sergeant) that places restrictions on a person in order to protect a person in need of protection (PINOP)

Answer 121

* I – Intimate images * B - Breach of Apprehended Violence Order * A – All manner of assaults * D – Damage to property * G – Guns * A – Attempts at these things * S – Stalking and intimidation O – Other offence

Answer 122

Section 37, Crimes Act

Answer 123

The person freely and voluntarily agrees to sexual activity

Answer 124

Obligation to apply for provisional order in certain circumstances Police officer must apply if there is reasonable suspicion that one of the following is occurring, has occurred or is imminent: * Domestic Violence offence * Stalking or intimidation * Child abuse offence

Answer 125

Crimes Act s.**157** Embezzlement by clerks or servants

Answer 126

* An emergency (LEPRA S.9) * To lawfully arrest or detain a person, or to execute warrant (LEPRA S.10) * Execution of an entry warrant (LEPRA S.83 issued by an authorised justice) * Invitation from the owner/occupant (until revoked) (LEPRA S.82)

Answer 127

Crimes Act s.**125** Larceny by bailee

Answer 128

Police may enter a premises on reasonable suspicion that the following is occurring or likely to occur: * Breach of the peace * Person has suffered significant injury * Dead body

Answer 129

* Embezzlement by clerks or servants occurs **before** the property or cash comes into possession of the employer, i.e., it is taken before it is owned by the employer or before going into the till * Larceny by clerks or servants occurs **after** the property or cash comes into possession of the employer (after the till)

Answer 130

* A police officer (PO) may enter and stay for a reasonable time on premises to arrest OR detain OR arrest a person named in a warrant * PO may enter a dwelling to arrest OR detain a person ONLY if the PO officer believes on reasonable grounds that the person to be arrested or detained is in the dwelling * PO may search the premises for the person

Answer 131

• Not **return** the goods OR • **Change** the property OR • Return the goods **conditionally**.

Answer 132

Crimes act s.117 **Larceny**

Answer 133

* Violent disorder involves **_THREE_** or more persons using or threatening unlawful violence * Affray involves **_ONE_** or more person using or threatening unlawful violence towards another person * Riot is where **_TWELVE_** or more persons who are present together use or threaten unlawful violence for a common purpose and the conduct of them would cause a person of reasonable firmness present at the scene to fear for his or her personal safety.

Answer 134

Summary Offences Act 1988 (NSW), Section 11A * **3 or more** (conduct taken together) * **Use or threaten violence _(incl. words alone)_** * Towards persons or property (10 penalty units or 6 months imprisonment)

Answer 135

**LEPRA 2002 (NSW), Section 33 – Rules for conduct of strip search** (1) A police officer who strip searches a person must, as far as is **_reasonably practicable_** in the circumstances, comply with the following — (a) the strip search must be conducted in a **_private area,_** (b) the strip search must not be conducted in the presence or view of a person who is of the **_opposite sex_** to the person being searched, (c) except as provided by this section, the strip search must not be conducted in the presence or view of a person whose presence is **_not necessary_** for the purposes of the search

Answer 136

1. a deception as to the intentions of the person using the deception or any other person, or 2. conduct that causes a computer/machine to respond in a manner the person is not authorised to cause it to make. * any intentional or reckless deception

Answer 137

* The accused * Committed an act of indecency * With or towards another person

Answer 138

LEPRA 2002, S.86 – Police may enter and search for firearms * if police have a reasonable suspicion a DV offence is occurring, recently occurred, likely or imminent * Police are informed that **_no firearms exist in dwelling, but reasonably suspect otherwise_** * Police must **_apply for a search warrant_**

Answer 139

* Marriage * Intimate personal relationship * Same household * Same residential facility (not including gaols) * De-facto partner * Ongoing dependence or care of person * Relative * ATSI extended family or kin

Answer 140

* In company of another person * Victim is under the authority of the offender * Victim has a serious physical disability * Victim has a cognitive impairment

Answer 141

* **C**onsent * **A**mical contest (Sport, ie boxing) * **M**edical procedures (e.g. surgery) * **A**ccidental use of physical force * **L**awful Chastisement - a parent smacks a child on the bottom once to discipline them after they deliberately hit another child * **E**xecution of the law of process – a police officer lawfully arrests a person for an offence and they resist arrest, the police officer then physically restrains them * **S**elf-defence - someone attempts to hit you and you push them away to avoid being assaulted * **T**aking blood samples, forensic procedures * **D**efence of family - someone attempts to hit your child and you push the person away to protect your child * **D**efence of home or property – a person breaks into your house and you physically restrain them until the police arrive

Answer 142

* A PO who is making or is about to make an application for a provisional order that is an interim apprehended personal violence order, may give either of the following directions to the person against whom the order is sought— * That the person remain at the scene where the incident occurred * In a case where the person has left the scene of that incident- that the person remain at another place where the police officer locates the person

Answer 143

1. The accused 2. Assaulted 3. A person Two years imprisonment – Indictable Offence

Answer 144

Crimes act s.**188** Receiving stolen property where stealing a serious indictable offence

Answer 145

**LEPRA 2002 (NSW), Section 33 – Rules for conduct of strip search** (a) in the presence of a parent or guardian of the person being searched, or (b) if that is not acceptable to the person, in the presence of another person who is not a police officer and who is capable of representing the interests of the person being searched and whose presence is acceptable to that person. (3A) Subsection (3) does not apply if a police officer suspects on reasonable grounds that — (a) delaying the search is likely to result in evidence being concealed or destroyed, or (b) an immediate search is necessary to protect the safety of a person.

Answer 146

* Police invited into a dwelling may stay to investigate or prevent a domestic violence offence * So long as police believe on reasonable grounds that a domestic violence offence is occurring, recently occurred or is imminent * If permission is removed, police may stay to exercise powers until a warrant is issued ## Footnote **“82 COME ON THROUGH”**

Answer 147

* Accused * Breaks * Enters * Dwelling-house or other building * Commits a serious indictable offence

Answer 148

* Mens rea: The intention to effect an unlawful contact or to create an apprehension of imminent unlawful contact in the mind of the other person. * Actus reus: The unlawful contact or the act creating apprehension of such an unlawful contact.

Answer 149

What is the Doctrine of Recent Possession? A person, who is in possession of property so soon after a stealing or a break and enter have taken place, shall be deemed to be the thief, breaker or the guilty receiver in the absence of any explanation.

Answer 150

Police who lawfully enter a dwelling under this part (via S.82 or S.83) may (IFRAP): 1. Investigate a DV offence 2. Firearms – inquire, search and seize – MUST BE DONE!!! 3. Render first aid 4. Arrest a person 5. Prevent a DV offence (2) A police officer who so enters a dwelling must inquire as to the presence of any firearms in the dwelling and, if informed that there is or are a firearm or firearms, must take all such action as is reasonably practicable to search for and to **_seize and detain the firearm or firearms._** (3) A police officer who so enters a dwelling is to remain in the dwelling only as long as is necessary to take the actions required or permitted by this Part.

Answer 151

Crimes Act s.**527C** Persons unlawfully in possession of property

Answer 152

The honest belief that the person has the legal right to take the goods, NOT a moral right. Subjective test - POV of the accused/victim

Answer 153

**_Summary Offences Act 1988 (NSW), Section 11A_** Elements of offence: * **_Where three or more persons are together using or threatening unlawful violence_**; and * the conduct of them (taken together) was such that it would have caused a person of reasonable firmness present at the scene to fear for his/her safety. * Each of the persons who threatens or uses unlawful violence is guilty of this offence. Maximum penalty: 10 penalty units or 6 months imprisonment. * Accused intended to use or threatened violence, or was aware that their conduct may have been violent. WORDS ALONE CAN CONSTITUTE THIS OFFENCE so as to cause a person of reasonable firmness to fear for their safety (need not be present) * Against person or property * On public or private property * Only need to threaten violence * You do not have to identify all parties but you will need to describe in detail the actions of three or more persons to prove the offence.

Answer 154

* Same as S.27, but applies to Non-Urgent AVO’s * DV offence * Stalking/intimidation * Child abuse offence * Makes NO mention of making the order immediately for the PINOP's safety and protection

Answer 155

* Prohibited under Weapons Prohibition Act * Spear gun -Device (not a firearm) capable of discharging irritant or capable of bodily harm * Firearm, spare barrel or ammunition * Detonator or fuse capable of use with explosive or detonator

Answer 156

Section 9 of LEPRA – Power to enter in emergencies * To prevent a breach of the peace from occurring or to end a breach of the peace which IS occurring * A person has suffered significant physical injury or there is an immediate danger of significant physical injury and it is necessary to enter the premises immediately to prevent further significant physical injury * the body of a person who has died, otherwise than as a result of an offence, is on the premises and there is no occupier on the premises to consent to the entry.

Answer 157

Crimes act s.112 **Breaking etc into any house etc and committing serious indictable offence**

Answer 158

Crimes act 157 Embezzlement by Clerk or Servant

Answer 159

Crimes act s.**112** Breaking etc into any house etc and committing serious indictable offence

Answer 160

* **_Court made order prior to the expiry of a provisional AVO or at the conclusion of a non-urgent AVO_** * Granted for the l**_ong-term protection_** of the PINOP * **_A final AVO remains in force for such period as is specified by the court_** * **_AVO not in force until served on the accused_** * If the court fails to specify a time period, the AVO remains in force for 12 months * Once time is up, AVO disappears unless victim requests extended time

Answer 161

**What are the circumstances of aggravation of break offences?** • Armed with an **offensive** weapon or instrument\* • Use of **corporal violence** • Deprivation of **liberty** • Infliction of **ABH** on any person • The offender knows there are **people (lawful occupants)** on the premises at the time of the offence • In **company**

Answer 162

Crimes Act s.192E **Fraud**

Answer 163

1. The accused was one of 12 or more people – * who were present together at a place (public or private), and * who used or threatened unlawful violence for a common purpose, and 2. That the conduct of these people (taken together) was such as would cause a person of reasonable firmness present at the scene to fear for his or her personal safety, and 3. That the accused in fact used unlawful violence for the common purpose.

Answer 164

* The accused * Without consent * Knowing they had no consent * Carried out a sexual act

Answer 165

Constructive breaking involves entry being gained through the unauthorised use of one of the following: * A Key * Fraud * Conspiracy * Threat * Not breaking

Answer 166

* Authority of alleged offender * Victim under 16 * Offensive weapon used to make threats of ABH * Company of another * ABH is inflicted * Disability of a serious physical nature * Offence of a serious indictable nature intended during a break and enter * Deprivation of liberty * Cognitive impairment

Answer 167

circumstances of special aggravation means circumstances involving any or all of the following— ## Footnote (a) the alleged offender intentionally wounds or intentionally inflicts _grievous bodily harm_ on any person, (b) the alleged offender inflicts _grievous bodily harm on any person and is reckless as to causing actual bodily harm to that or any other person,_ (c) the alleged offender is armed with a _dangerous weapon_.

Answer 168

* Video recorded statements taken from DV victims * Recording must be made as soon as practicable after the commission of the offence * Police should consider: Non-leading questions, first person conversation, hearsay, opinion, unfair/prejudice/character evidence * Defendants are NOT to be given copies of a video statement but only audio * Victims still must go to court, even if they supply a DVEC statement

Answer 169

**Section 66C, Crimes Act**

Answer 170

**_Non-urgent order_** must be made if a police officer believes or suspects that a domestic violence offence has been or is likely to be committed against the person in need of protection

Answer 171

The relationship between the PINOP and the defendant: * A general history – children, violence, types of abuse, etc * Specific examples of violence – most recent and most serious * Issues relating to family law, drug and alcohol, mental health, firearms, weapons * Previous orders * Future fears of police or the Person in Need of Protection (PINOP)

Answer 172

* It is generally understood that entry means moving from the outside to the inside of the dwelling-house or other building. * The insertion of an implement for the purpose of entering into a dwelling-house or other building may also constitute entry.

Answer 173

* Make presence known/knock * Announce their office * State the reason for entry * Allow adequate time to comply

Answer 174

Crimes act s.33 Wounding or grievous bodily harm with intent (1) Intent to cause grievous bodily harm A person who— (a) wounds any person, or (b) causes grievous bodily harm to any person, with intent to cause grievous bodily harm to that or any other person is guilty of an offence. Maximum penalty—Imprisonment for 25 years.

Answer 175

**Crimes act s.418 Self-defence—when available** (1) A person is not criminally responsible for an offence if the person carries out the conduct constituting the offence in self-defence. (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 176

Crimes Act s.**192E** Fraud

Answer 177

**Breaking into and entering premises** Crimes Act 1900 (NSW), Section 112(1)(a) * Accused * Breaks * Enters * Dwelling-house or other building * Commits a serious indictable offence **Being within premises and then breaking out** Crimes Act 1900 (NSW), Section 112(1)(b) * Accused * Enters * Dwelling-house or other building * Commits a serious indictable offence * Breaks out

Answer 178

* Accused * Enters * Dwelling-house or other building * Commits a serious indictable offence * Breaks out

Answer 179

``` # Define Entry: • Moving from the **_outside to the inside of the dwelling-house or other building._** ``` • It is not necessary that the whole of the **_person_** go **_inside_.** There need only be a part of the person that goes from outside to inside to constitute entry, for example, **_a person's arm through an open window._** •The insertion of an i**_mplement_** for the purpose of entering into a dwelling-house or other building may also constitute entry. Eg _a fishing rod_

Answer 180

Crimes act 125 Larceny by Bailee

Answer 181

What is Constructive breaking? What are the four examples? Involves entry being gained through the unauthorised use of one of the following. **1. A Key -** The use of a key occurs when a person has lawful access to a key but uses it in a manner for which authority has not been granted. Example: a cleaner has keys to an office block as part of their role as cleaner, but the cleaner uses the keys on this occasion to enter the office block and steal a computer. **2. Fraud** - Tricks victims to allowing accused to enter Example: A person poses as a Telstra worker and gains permission to enter the building on the premise of checking telephone lines and, once in the building, steals jewellery. **3. Conspiracy** - Involves two or more people deliberately leaving a door open to allow another access. Example: An office worker agrees to leave his office door open to allow his friend to go inside that night and steal a number of computers. **4. Threat** - victim only allows entry upon a threat being made. Example: A person threatens the owner or occupier of a dwelling-house or other building that, if they do not allow them in, they will do something such as assault the person or damage property.

Answer 182

**37 Choking, suffocation and strangulation** (1A) A person is guilty of an offence if the person intentionally chokes, suffocates or strangles another person without the other person’s consent. **Maximum penalty—imprisonment for 5 years.** (1) A person is guilty of an offence if the person— (a) intentionally chokes, suffocates or strangles another person so as to render the other person unconscious, insensible or incapable of resistance, and (b) is **reckless** as to rendering the other person unconscious, insensible or incapable of resistance. **Maximum penalty—imprisonment for 10 years.** (2) A person is guilty of an offence if the person— (a) chokes, suffocates or strangles another person so as to render the other person unconscious, insensible or incapable of resistance, and (b) does so with the **intention of enabling himself or herself to commit**, or assisting any other person to **commit, another indictable offence.** **Maximum penalty—imprisonment for 25 years.**

Answer 183

* The accused -Stalks or intimidates the victim * With intent to cause fear of physical or mental harm

Answer 184

Summary Offences Act s.5 * The accused * Shall not, in or within view from a public place or a school, * Wilfully and obscenely expose his or her person

Answer 185

-Dangerous article -Made or adapted for use of causing injury -Intended to menace, injure or damage property -Laser pointer -Knife

Session Two Law Policy Flashcards

(212 cards)