Sgt Davidson's Summative 3 Tutorial Flashcards
1
Q
Who is not compellable ?
A
Judge Juror Council The accused Bank officer Governed general Sovereign
2
Q
What is the definition of a domestic relationship?
A
Partners
Family members
Shares a house
Close personal relationship
3
Q
What types of violence are there?
A
Physical
Psychological
Sexual
4
Q
What is a protection order?
A
Basically the same as a PSO but applied applied for through the court.
5
Q
Who can apply for a protection order?
A
- Person in domestic relationship
- Representative of a child
- Representative of someone lacking capacity
- Third party for a victim
6
Q
What is the protected person called in a protection order?
A
Applicant
7
Q
What is the person the protection order is against in a protection order?
A
Respondent
8
Q
What conditions are there in a protection order?
A
Not to offer violence
No contact
Surrender firearms
9
Q
What is the one exception to the protection order conditions?
A
The applicant can turn on and off the no contact part
10
Q
Who is not competent?
A
The sovereign A mentally disordered person A drunk person (they can give evidence when sober) A very young child A person who is ill
11
Q
What is the burden of proof?
A
The responsibility or onus of establishing the case concerned
12
Q
What is a fact in issue?
A
The ingredients or identity which is challenged by the defendant
13
Q
What is the definition of competent?
A
Someone who as a matter of law is able to give evidence
14
Q
What is the definition of compellable?
A
Ay person who is eligible to give evidence is compellable
15
Q
What must evidence e for it to be used in court?
A
Admissible and relevant
16
Q
What is relevant evidence?
A
Evidence that must relate to the case
17
Q
What is admissible evidence?
A
Evidence that the court is legally ale to receive
18
Q
What can you do for failure to follow protection order conditions?
A
Arrest and charge
19
Q
What can you do for failure to attend a course under a protection order?
A
Summons and charge
20
Q
What is a PSO?
A
Police safety order
A order issued by a constable
21
Q
How long can it last for?
A
5days
22
Q
What is the name of the person it protects?
A
Person a risk
23
Q
What are your obligations in regards to a property damage crash?
A
Report it to the owner within 48hrs
Report it to the police within 60hrs
24
Q
Is it an chargeable offence not to follow a PSO?
A
No, they will be arrested and bought before the courts to consider the PSO.
25
When can a PSO be issued?
Domestic relationship
No offence committed
Believe violence may occur
26
How long can you detain someone to issue a PSO?
2hours
27
Wen does a PSO expire if not served?
48hrs
28
How old is a child under the domestic violence act?
Under 17years
| Not or hasn't been married
29
How old is a minor in the domestic violence act?
17-19years
| Not or hasn't been married
30
What are you obligations in regards to a crash?
Stop
Ascertains injury
Render assistance
31
What are your obligations in regards to an injury crash?
Report to Police within 24hrs
32
What is the definition of a firearm?
Anything that fires a projectile by way of explosive force
33
What is the definition of an air gun?
Anything that fires a projectile by way of compressed air or gas
34
What is the definition of a restricted weapon?
Anything that is declared restricted by the governed general
35
What is the definition of explosive?
A substance that when it explodes creates a pyro technic effect
36
Can a person aged 0-16 hold/fire a firearm
Yea as long as they are under the immediate control of someone with a firearms licence
37
What are the rules around a person aged 16-18 in regards to firearms?
A person aged 16-18 needs a firearms licence for Both a air gun and a firearm
38
What are the rules around a 18+ person with a firearm?
Requires a licence for a firearm, no licence for a airgun
39
What does section 66 of the arms act say?
He who smelt it dealt it.... If a firearm is found in a vehicle or place, then it is up to the owner or driver to prove it is is the possession of another person and it is not there property
40
Section 18 of the search and surveillance act says
You may search a person or place if you suspect they have a firearm and believe they have breached the arms act
41
Licence holders must...
Ensure their licence is kept un damaged
Produce it on demand or within 7 days to a police station
Report change of address within 30 days
Report stolen or destroyed firearms
Report any injury or death caused by the firearm
42
Section 40 of the arms act
Allows police to demand name address and firearms licence, if refused gives police the power to arrest
43
What is the definition of a road?
At place where a vehicle can go
44
Section 96A Land Transport Act 1998
```
Seize and impound for 28days for:
Sustained loss of traction
Unnecessary exhibition or speed or acceleration
Racing
-green sticker!
```
45
Section 114 Land Transport Act 1998
Stopping power
| Have the power to demand drivers and owner of the vehicles details
46
What you have to consider for protection order?
Was domestic violence
| Necessary to protect applicant or child
47
Section 121 Land Transport Act 1998
```
Applies to mentally or physically not able to drive or driving outside specific ours:
Forbid to drive for specific time
All ignition keys surrendered
Render vehicle immobile
Move vehicle
EBA drivers forbid to dire 12hrs
Direct to go to specific area to rest
```
48
Section 115(1) Land Transport Act 1998
Green sticker a defective vehicle
| Has to be remedied and a new wof then police can remove it
49
Section 115(3)(b)
Pink sticker for an unsafe vehicle
Has to be repaired
Then taken to an authorised vehicle inspection centre that doesn't do repairs
New wof
50
Section 118 Land Transport Act 1998
Require owner or hirer of vehicle to give details of driver within 14days if there is an offence against any act or just out of fresh pursuit
51
Section 95 Land Transport Act 1998
```
Suspend licence for 28days for:
Over 650mgm
Over 130mcm
Over 400mgm and 1 previous offence in 4 years
Over 80 and 1 previous offence in 4 years
Fails or refuses to give blood
40kph over a permanent speed limit
50ph over a temporary speed limit
```
52
What are the classes of licence
```
A-licence for the conventional use
B-pistols assuming they belong to a club
C-collectors.... May be allowed bang bang things
D-dealers
E-mssa
```
53
What makes a MSSA a MSSA
Fires one round a and chambers another with one pull of the trigger
54
What additional requirements
```
Folding or telescopic butt
Bayonet lugs
Flash suppressor
Free standing pistol grip
A magazine that appears to hold 15 .22 rounds or 7 of any other round
```
55
What can a DAO ask Police to do? Section 41
Assist so the DAO may
Assess a patient
Transport patient for treatment or assessment
56
Section 122 Land Transport Act 1998
Seize and impound for 24hours for public safety
57
Section 123 Land Transport Act 1998
Seize and impound for 7days for forensic
58
Section 119 Land Transport Act 1998
Driving dangerously or recklessly or faked to stop or under the influence can enter premises to only do EBA procedure
59
Section 39 Children, Young Persons and their Families Act 1989
CYP may suffer ill treatment
| May get warrant to search and take child to CYFS
60
Section 42 Children, Young Persons and their Families Act 1989
In the poo
| Critically necessary to enter and search to remove or detain child and take to CYFS
61
Section 48 Children, Young Persons and their Families Act 1989
Out too late
Found unaccompanied in a situation where CYP's health may be impaired
Can take CYP home with permission of them or to CYFS
62
Section 10B Children, Young Persons and their Families Act 1989
Shouldn't be
| Child left unaccompanied without reasonable precautions for there health and safety being taken
63
Section 14 Children, Young Persons and their Families Act 1989
WOCA
In need of care and protection:
Welfare, serious differences between parent and child
Offending to an extent their is a concern for well bring
Control, unable to control
Abuse being abused
64
What deaths are required to be reported to the coroner?
```
SCUMBIE
Suicide
Cause unknown
Unusual or violent death
Medical, surgical or dental operation or procedure
Brith death, death due to brith from pregnancy or giving birth
Institutional death
Enactment requires holding of an inquest
```
65
When must an inquest be held?
Suicide
Institutional
Circumstances not clear
66
What is the definition of preparing?
Found in any public place
| From which it can be reasonably be inferred that they are preparing to commit an offence
67
What is the definition of attempting?
Full offence minus one ingredient
68
What is the definition for parties?
66(1) the original plan/intended offence
66(2) any other offences that come out of it
E.g. Committing a burglary
Caleb says to Tony if that security guy guard comes in I'm gonna smash him
Security guard comes in Caleb smashes him.
Caleb is guilty of assault.
Tony is guilty off 66(2) party to assault
69
Amounts for presumption of supply
```
.5g of co cane or heroine
5g of morphine or meth
28g of cannabis
56g other controlled drug
100 niggeretes
```
70
Possession
That the person was in possession of the controlled drug
71
Knowledge
That they knew it was a controlled drug
72
Useable quantity
The amount was enough to be used
73
Section 20 21 and 22 of s&s
Look it up urself cunt
74
3 examples of class A drugs
Cocaine heroine meth
75
3 examples of class B drugs
Morphine opium cannabis oil
76
3 examples of class C drugs
Cannabis plant, cannabis seed, cannabis fruit
77
What's to consider for PSO?
```
1M?
1K?
Previous PSO or PO in place
Will it cause hardship
Welfare of children
```
78
What is the definition of a mental disorder?
A abnormal state of mind to the point where the pose a serious risk to their self or someone else or
-ability to look after themselves has seriously diminished
79
Under the sale of liquor act how old is a minor
Not yet 18
80
Definition of a restricted area
An area someone who is under 18 can not be unless working
81
Definition of a supervised area
A part of a licensed area that a person under 18 can not go unless accompanied by their parent or legal guardian
82
What is vicarious liability
A bar manager is liable for offences committed by bar staff
83
What are the exemptions to being found on the premises outside licensing hours
Manager or spouse of manager
Lives there
Employee there for the purpose of working.... Not selling piss
84
Section 175 sale of the double browns act
At any reasonable time OR at any time may enter and inspect licences premises to ensure they are complying with the licence
85
Section 176 of the sale of tui act
Power to demand information if you have RGTS they have committed an offence against the act
86
What is a compulsory treatment order?
Missing for less than 3months, may apprehend and return to where they should be. DON'T NEED PERMISSION OF DAO
87
What is an assessment order?
May apprehend WITH PERMISSION OF DAO
88
Wen can special and restricted patients be apprehended?
At any time
89
What is the definition of a special patient?
Detained by way of court order.
Court deem them criminally insane
Risk to public
90
What is the definition or a restricted patient?
Subject to compulsory treatment order and are a danger to public
91
What are your powers under section 109?
Person in public place and believe they're mental may apprehend if it is in their interest or publics interest
92
What can a DAO ask Police to do?
Assist so the DAO may
Assess a patient
Transport patient for treatment or assessment
93
What is an example of indecent exposure
Exposes genitals only
94
What is an example of an indecent act in a publics place
Man masturbating in a car
95
What is an example of an indecent act with intent to insult or offend
Same as indecent act in a public place wi the necessary intent
96
What is the defence for indecent exposure
If the person can prove on reasonable grounds that they would not be seen
97
Initial action at the scene of a serious sexual assault
Freeze, control, preserve
Instruct victim not to:
Was, change clothes, use unnecessary medical aids, change appearance, go to toilet, return to the scene or travel in the same car as offender causing cross contamination. Record everything the victim can recall about the offender and their vehicle.
98
Guidelines for dealing with victims of sexual assault
Conduct your dealings with the victim in a sensitive manner
Accept that they are telling the truth
Listen to what they have to say let them give an account in their own words
Seek medical attention if required
Treat them courteously
Explain the process you will follow and why
Advise the victim of counselling services
99
What can you do under section 110?
Assist a medical practitioner
100
What does not constitute consent
Asleep or unconscious
Affected by drugs or alcohol
Offers no resistance
Allows because of force applied or the threat or fear of applied force
Mistaken about the nature and quality
Mistaken about who the person is
Affected by an intellectual, mental, physical condition to such an extent that they can not give or refuse consent
101
What is an occupation order?
Entities the applicant to live in a house without respondant.
102
What is a tenancy order?
Entitles the applicant to live in a rented house without respondent.
103
What is a ancillary furniture order?
Entities applicant to furniture in a home.
| Made with a tenancy or occupation order.
104
What is a furniture order?
Same as a ancillary furniture order but made on its own.
105
When can someone be bailed?
- Summary offence
- Arrested without warrant
- Police consider it prudent to do so
- Can't be seen before the court in the next 24hrs
106
What do you have to explained to the bound person in a PSO?
Purpose
Effect
Duration
Consequences
107
What is the definition of intimate partner violence
Violence by one person to another who is there partner or spouse. Includes violence that is physical sexual and psychological.
108
What is the definition of family violence
Violence by one person to any other person if that person is or has been in a relationship or is a family member
109
If someone has breached a PO and you are going to bail them you must first...
Get it authorised by a nco
Impose conditions of bail including curfew
Bail conditions must not interfere with their employment
Inform the victim
110
What is there it consider when issuing a PSO?
No offence
| Think violence will happen
111
What is there to consider in a Protection Order?
Offence committed
Breached PSO
Violence committed
112
What is a special patient?
Committed a crime so criminally insane.
113
What is a restricted patient?
Patient with mental health issues and deemed a danger to society and not necessarily committed crime.
114
What are the 5 categories of people police CAN breath test
Anyone involved in a crash
Anyone driving a vehicle
Anyone attempting to drive a vehicle
Anyone u have good cause to believe has committed an offence against the act
Where the driver is not known and u have good cause to suspect that passengers have been involved in a accident
115
What is the full definition of a firearm
Anything that has been adapted or by its completion or the replacement of any component parts or correction or repair of any defects would be a firearm
116
What is section 6 of Cypfs
The welfare and interests of the child or young person shall be the first and paramount consideration
