SG6

Question 1

S.60 (1) (abcf) Dog and Cat management Act - Power to seize and detain dogs.

1) An authorized person may seize and detain a dog in any of the following circumstances… (WDAD)

Answer 1

(A) - if the dog is wandering at large

(B) - if the authorized person reasonably believes it necessary to seize the dog in order to prevent or stop the dog attacking, harassing or chasing a person or an animal or bird owned or in the charge of a person.

(C) - If the authorized person reasonably believes that the dog is unduly dangerous.

(F) - if the authorized person reasonably believes it necessary to detain the dog in order to ensure that an order under the Act for the destruction or disposal of the dog is carried out.

Question 2

S.13 (1) Animal welfare act - ill treatment of animals

1) If… (A,B,C

Answer 2

(A) - a person ill treats an animal, and
(B) - the ill treatment causes the death of, or serious harm to, the animal, and
(C) the person intends to cause, or is reckless about causing, the death of, or serious harm to, animal,

the person IGOO

Question 3

Investigative interviewing

PEACE model

Answer 3

Planning and preparation
Engage and explain
Account
Closure
Evaluation

Question 4

What is a serious offence according to S.78 SOA

Answer 4

means an indictable offence or an offence punishable by imprisonment for 2 years or more.

Question 5

S.78 (2) SOA - Person apprehended without warrant - how dealt with.

(2) If a person is apprehended without a warrant on suspicion of having committed a serious offence…

Answer 5

A police officer may, for the purposes of investigating the suspected offence, before dealing with the person in accordance with subsection (1) -

(a) detain the person whichever is the lesser of -
(i) the period necessary to complete the immediate investigation of the suspected offence: or
(ii) 4 hours or such longer period (not exceeding 8 hours) as may be authorized by a magistrate: and

(b) take the person, or cause him or her to be taken, during the course of detention under paragraph (a), to places connected with the suspected offence.

Question 6

S.78 (2a) SOA - Person apprehended without warrant - how dealt with.

(2a) - In determining the period that has elapsed since the apprehension of a person for the purposes of subsection 2a, the following will be taken into account…

Answer 6

(a) any delay occasioned by arranging for a solicitor or other person to be present during the investigation:
(b) any delay occasioned by allowing the person to receive medical attention

(c) the time that would have been reasonably required to convey the person from the place of apprehension to-
(i) the nearest custodial police station: or
(ii) the designated police facility,

(assuming the person has been taken as soon as reasonably practicable to the custodial police station or designated police facility)

Question 7

S.74D (1) (a-c) (i-iii) SOA - Obligation to record interviews with suspects

(1) An investigating officer who suspects, or has reasonable grounds to suspect, a person of having committed an indictable offence and who proposes to interview the suspect must ensure the following requirements are complied with.

Answer 7

(1) An investigating officer who suspects, or has reasonable grounds to suspect, a person of having committed an indictable offence (and wants to interview the suspect)

(A) if it is reasonably practicable to make an audio visual record of the interview, an audio visual record of the interview must be made:

(B) if it is not reasonably practicable to make an audio visual record of the interview but it is reasonable practicable to make an audio record of the interview, an audio record of the interview must be made:

(C) if it is not reasonably practicable to make either an audio visual record or audio record of the interview -

 (i) a written record of the interview must be made at the time of the interview; and
 (ii) as soon as reasonably practicable after the interview, the record must be read aloud to the suspect and an audio visual record made of the reading ; and
 (iii) when the audio visual recording begins (but before it begins) the suspect must be invited to interrupt the reading at any time to point out errors or omissions in the record;

Question 8

S.74C SOA - interpretation

What does an interview include? (abc)

Answer 8

(A) - a conversation; or
(B) - part of a conversation; or
(C) - a series of conversations,

Question 9

S.20 (1) CLCA - Assault

(1) A person commits an assault if the person…. (a-e)

APTAA

Answer 9

A person commits an assault if the person, without the consent of another person (victim)

(a) intentionally applies force (directly or indirectly) to the victim; or
(b) intentionally makes physical contact (directly or indirectly) with the victim, knowing that the victim might reasonably object to the contact in the circumstances (whether or not the victim was at the time aware of the contact)

(c) threatens (by words or conduct) to apply force (directly or indirectly) to the victim and there are reasonable grounds for the victim to believe that -
(i) the person who makes the threat is in a position to carry out the threat and intends to do so; or
(ii) there is a real possibility that the person will carry out the threat; or

(d) does an act of which the intended purpose is to apply force (directly or indirectly) to the victim; or
(e) accosts or impedes another in a threatening manner.

Question 10

S.20 (4) CLCA - Assault that causes harm

(4) A person who….

Answer 10

A person who commits an assault that causes harm to another IGOO.

Question 11

S.21 interpretation

what does harm mean?

Answer 11

Harm means physical or mental harm (whether temporary or permanent)

Question 12

What does serious harm mean? (abc)

Answer 12

serious harm means -

(a) harm that endangers a person’s life; or
(b) harm that consists of, or results in, serious and protracted impairment of a physical or mental function; or
(c) harm that consists of, or results in, serious disfigurement.

Question 13

S.24 CLCA - Causing Harm

(1) If a person who…
(2) If a person who…

Answer 13

(1) If a person who causes harm to another, intending to cause harm, IGOO
(2) If a person who causes harm to another, and is reckless in doing so, IGOO

Question 14

S.23 (1 and 3) CLCA - causing serious harm

(1) A person who causes…
(3) A person who causes…

Answer 14

(1) A person who causes serious harm to another, intending to cause serious harm, IGOO
(3) A person who causes serious harm to another, and is reckless in doing so, IGOO

Question 15

S.5AA CLCA - Aggravated offences.

(1) Subject to this section, an aggravated offence is an offence committed in one or more of the following circumstances… (A-D)

pain
weapon
law enforcement
legal proceedings

Answer 15

(a) - The offender committed the offence in the course of deliberately and systematically inflicting severe pain on the victim;
(b) the offender used, or threatened to use , an offensive weapon to commit, or when committing, the offence;

(c) The offender committed the offence against a police officer, prison officer or other law enforcement officer -
(i) knowing the victim to be acting in the course of his or her official duty; or
(ii) in retribution for something the offender knows or believes to have been done by the victim in the course of his or her duty

(d) The offender committed the offence -
(i) intending to prevent or dissuade the victim from taking legal proceedings or from pursuing a particular course in legal proceedings; or

e) the offender comitted the offence knowing that the victim at the time of the offence -
i) in the case of an offence against part 3 division 8a under the age of 14 years
ii) in any other case - under the age of 12 years.
f) the offender comitted the offence knowing that the victim of the offence was, at the time of the offence, over the age of 60 years.

g) The offender committed the offence knowing that the victim of the offence was -
i) a spouse or partner of the offender
ii) a domestic partner or former domestic partner of the offender
iii) a child of the offender or a spouse or former spouse of the offender or domestic partner ex domestic partner.

h) the offender committed the offence in company with 1 or more other persons
i) the offender abused a position of authority, or position of trust in comitting the offence
j) the offender comitted the offence knowing that the victim was, at the time of offence, in a position of particular vulnerability because of physical or medical impairment.

Question 16

S.19 (1) and (3) CLCA - unlawful threats

(1) A person who -
(3) This section applies

Answer 16

(1) A person who
(a) threatens, without lawful excuse, to kill or endanger the life of another; and
(b) intends to arouse a fear that the threat will be, or is likely to be, carried out, or is recklessly indifferent as to whether such a fear is aroused,
IGOO

(3) This section applies to a threat directly or indirectly communicated by words (written or spoken) or by conduct, or partially by words and partially by conduct.

Question 17

S.29 (1) CLCA - Acts to endanger life

(1) where a person,

Answer 17

(1) where a person, without lawful excuse, does an act or makes an omission -
(a) knowing that the act or omission is likely to endanger the life of another; and
(b) intending to endanger the life of another or being recklessly indifferent as to whether the life of another is endangered,
that person IGOO

Question 18

S.134 (1) CLCA - Theft (and receiving)

(1) A person is guilty….

Answer 18

(1) A person is guilty of theft if the person deals with property -
(a) dishonestly
(b) without the owners consent
(c) intending - to deprive the owner permanently of the property; or
- to make a serious encroachment on the owners proprietary rights.

Question 19

S.130 - Interpretation (theft/receiving property)

Deal means….

Answer 19

Deal - a person deals with property if the person -

(a) takes, obtains or receives the property; or
(b) retains the property; or
(c) converts or disposes of the property; or
(d) deals with the property in any other way

Question 20

Theft element mnemonic

IV PAID DOC DOSER

Answer 20

Identity of the accused
Value

Property
Acted
Intent
Dishonestly

Deals - takes, obtains, receives, converts or disposes
Owner
Consent (lack of)

Deprive owner permanently
Or
Serious
Encroachment
Rights (claim of and proprietary)

Question 21

S.67 SOA - General Search Warrant

(4) The police officer named in any such warrant may, at any time of the day or night, exercise any or all of the following powers:

Answer 21

The police officer named in any such warrant may, at any time of the day or night, exercise any or all of the following powers:

(a) the officer may, with such assistants as he or she thinks necessary, enter into, break open and search any house, building, premises or place where he or she has reasonable cause to suspect that -
(i) an offence has been recently committed, or is about to be committed; or
(ii) there are stolen goods; or
(iii) there is anything that may afford evidence as to the commission of the offence; or
(iv) there is anything that may be intended to be used for the purpose of committing the offence;

(b) the officer may break open and search any cupboards, drawers, chests, trunks, boxes, packages or others, whether fixtures or not, in which he or she has reasonable cause to suspect that -
(i) there are stolen goods; or
(ii) there is anything that may afford evidence as to the commission of and offence; or
(iii) there is anything that may be intended to be used for the purpose of committing an offence;

(c) the officer may seize any such goods or things to be dealt with according to law.

Question 22

S.41 SOA - Unlawful possession of personal property

(1) A person who has possession….

Answer 22

A person who has possession of personal property which, either at the time of possession or at any subsequent time before the making of a complaint under this section in respect of the possession, is reasonably suspected of having been stolen or obtained by unlawful means IGOO.

Question 23

S.139 CLCA - Deception

A person who deceives another and, by doing so -

Answer 23

A person who deceives another and, by doing so -

(a) dishonestly benefits him/herself or a third person; or
(b) dishonestly causes a detriment to the person subjected to the deception or a third person,

IGOO

Question 24

S.140 (3) and (4) CLCA - dishonest dealings with documents.

(3) a person engages in conduct to which this section applies (a-e)
(4) A person is guilty of an offence if the person dishonestly engages in conduct to which this section applies intending - one of the following

Answer 24

(3) a person engages in conduct to which this section applies
(a) creates a document that is false; or
(b) falsifies a document; or
(c) has possession of a document knowing it to be false; or
(d) produces, publishes or uses a document knowing it to be false; or
(e) destroys, conceals or suppresses a document.

(4) A person is guilty of an offence if the person dishonestly engages in conduct to which this section applies intending -
(a) one of the following:

(i) to deceive another, or people generally, or to facilitate deception of another, or people generally, by someone else;
(ii) to exploit the ignorance of another, or the ignorance of people generally, about the true state of affairs;
(iii) to manipulate a machine or to facilitate manipulation of a machine by someone else; and

(b) by that means -
(i) to benefit him/herself or another; or
(ii) to cause a detriment to another.

Question 25

S.141 (1) CLCA - dishonest manipulation of machines

(1) a person who dishonestly

Answer 25

a person who dishonestly manipulates a machine in order to -
(a) benefit him/herself or another; or
(b) cause a detriment to another,
IGOO

Question 26

S.142 CLCA - dishonest exploitation of advantage

(1) This section applies to the following advantages (a-b)
(2) A person is guilty of an offence if the person dishonestly exploits an advantage to which this section applies in order to

Answer 26

(1) This section applies to the following advantages:
(a) the advantage that a person who has no disability or is not so severely disabled has over a person who is subject to a mental or physical disability;
(b) the advantage that one person has over another where they are both in a particular situation and one is familiar with local conditions while the other is not.
(2) A person is guilty of an offence if the person dishonestly exploits an advantage to which this section applies in order to -

(a) benefit him/herself
(b) cause a detriment to another.