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5. Prereqmock - 1/2014 > 1/2014 > Flashcards

1/2014 Flashcards

1
Q

A person beats a woman around the head and throws her on the couch and tries to take pants off when children come home and he stops.

What is the offence? Complete a liability for this offence.

A 
Assault with intent to commit sexual violation
Section 129(2)
ASSAULT WITH INTENT TO COMMIT SEXUAL VIOLATION
Section 129(2) - 10yrs

Every one who assaults another person with intent to commit sexual violation of the other person

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2
Q

What are the ingredients for AATF?

A 
Accessory after the Fact
Section 71(1) Crimes Act 1961
Initial offence is life = 7yrs
Initial offence is 10yrs or more = 5yrs
Any other initial offence = half the penalty
  1. Knowing
  2. Any person
  3. To be a party to an offence
  4. Comforts OR Assists OR Receives or Tampers with OR Actively suppresses with any evidence against him
  5. In order to enable that person to escape after arrest OR to avoid arrest or conviction
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3
Q

A guy gives methamphetamine in exchange for sexual favours.

What is the offence? Complete a liability for this offence.

A

Supply Class A/B Controlled Drug
Sect 6(1)(c)
MODA
Life/14

  1. Supplies OR Administers OR Offer To Supply or Administer OR otherwise Deal
  2. Class A or B controlled Drug
  3. To any person
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4
Q

Peter breaks into Rebel Sport to steal some shoes. A police officer arrives at the scene and attempts to arrest him. Peter hits the officer over the head with a piece of wood and causes a gash on his head. He then runs away.

What is the offence?
Complete a liability for this offence.

A

Aggravated Wounding Section 191(1)(c)
14years

  1. With intent to
  2. Avoid the arrest or facilitate the flight of himself or any other person upon the commission or attempted commission of any crime
  3. Wounds OR Maims OR Disfigures OR Causes GBH OR Stupefies OR Render unconscious OR By any violent means
  4. Any person
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5
Q

A guys burns down his porsche to claim insurance money.

What is the offence?
Complete a liability for this offence.

A

Arson
Section 267(1)(c) Crimes Act 1961
14yrs

  1. Intentionally
  2. Damages by fire or by means of any explosive
  3. Any immovable property, or Vehicle, Ship or Aircraft
  4. With intent to obtain
  5. Any benefit, or to cause loss
  6. To any other person
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6
Q

Name the offences.

  1. Joe was walking home and a male walked past her and grabbed her bum.
  2. Katie is walking to work. Bob pulls up beside and forces her into her his van. Katie screams but he takes her to a shed and tries to have sex with her.
  3. Julie was drinking all night. She was heavily intoxicated and fell asleep. Greg went in to the room and put his fingers inside her vagina.
  4. John murdered Jason and then went to his girlfriend, Mary’s, house. He told Mary what happened and she grabbed his clothes and burned them.
  5. Bill and Jody agreed to Rob a store together.
A
  1. Indecent Assault - Section 135
  2. Abduction - Section 208(b)
  3. Sexual Violation by UL SC - Section 128(1)(b)
  4. AATF - Section 71(1)
  5. Conspiracy - Section 310(1)
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7
Q

What is the defintion of Proceeds?

A

Proceeds: in relation to a serious offence, means: any property that is derived or realised, directly or indirectly, by any person from the commission of the offence

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8
Q

What are the two main points to be covered when interviewing a suspect in respect of perjury?

A

The two main points to be covered when interviewing a suspect in respect of perjury are:
• whether the suspect knew their assertion was false, and
• whether they intended to mislead the tribunal governing proceedings.

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9
Q

When interviewing conspiracy suspects what should you consider?

A

When interviewing conspiracy suspects you should consider:

  1. the existence of an agreement to commit an offence, or
  2. the existence of an agreement to omit to do something that would amount to an offence;
  3. the intent of those involved in the agreement;
  4. the identity of all people concerned where possible; and 5. whether anything was written, said or done to further the common purpose.
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10
Q

When interviewing a suspect about money laundering or where proceeds recovery action is to be considered, What points should you consider?

A

When interviewing a suspect about money laundering or where proceeds recovery action is to be considered, consider the following points:

  • suspect’s legitimate income
  • suspect’s illegitimate income
  • expenditure
  • assets
  • liabilities
  • acquisition of financial records, from banks, financing companies, loan sharks, family trust documents
  • clarification of documentary evidence located, as per above.
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11
Q

CYFS Act - Section 40

Warrant to remove child or young person

A

A district court judge may issue a warrant authorising a constable or SW to search for the child or young person if there are REASONABLE GROUNDS TO BELIEVE they are:
1. Suffering, or likely to suffer, ill treatment, serious neglect, abuse, serious deprivation or
serious harm

OR

  1. So Seriously disturbed they are likely to:
  2. Act in a manner harmful to themselves or any other person; or 2. Cause serious damage to property.

A warrant application may be made by a Constable or SW.

Warrant authorise the searcher to:

  1. ENTER and search, by force if necessary
  2. REMOVE or DETAIN by force if necessary and
  3. PLACE them in the custody of the chief executive OR
  4. If the child or YP is in hospital, direct the hospital Superintendent to keep them in hospital
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12
Q

EVIDENCE ACT 2006

Explain the definition of ‘Relevant Evidence’. Section 7(3)

A

.Relevant evidence is defined as any

“Evidence that has a tendency to prove or disprove anything that is of consequence to the determination of the proceeding” (s7(3)).

It includes direct evidence and circumstantial evidence.

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13
Q

EVIDENCE ACT 2006

Explain the definition of ‘Corroboration’. Section 121.

List the 4 offence that must be corroborated.

A

“Corroboration” is not defined in the Act. It is independent evidence that tends to confirm or support some fact of which other evidence is given and implicates the defendant in the crime charged.

(a) PERJURY
(b) FALSE OATHS
(c) FALSE STATEMENTS
(d) TREASON

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14
Q

What are the 4 types of Serious Child Abuse?

A
  1. Sexual Abuse
  2. Serious Physical Abuse
  3. Serious Wilful Neglect
  4. Serious FV where the child is a witness
  5. All allegations against CYF approved caregivers that involve serious child abuse
  6. All allegations against CYF and POLICE that involve serious child abuse
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15
Q

What must you consider in a JIP?

A

Who is involved in the case, what they will do, when they will do it.
CONSIDER:
1. The childs safety and well being
2. Any joint visits required
3. The management of the child’s initial interview including consideration of any ethnicity needs
4. The need for a specialist child witness interview, interviews of alleged offender and others including protective parent or caregiver or parent.
5. Collection of evidence
6. Referral to a medical practitioner

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16
Q

Explain Recklessness.

R v Harney

A

Acting “recklessly” involves consciously and deliberately taking an unjustifiable risk.

“[Recklessness involves] foresight of dangerous consequences that could well happen, together with an intention to continue the course of conduct regardless of the risk.”

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17
Q

What are the Intents for Kidnapping - Section 209?

A

(a) with intent to hold him or her for ransom or to service; or
(b) with intent to cause him or her to be confined or imprisoned; or
(c) with intent to cause him or her to be sent or taken out of New Zealand.

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18
Q

R v Galey

A

R v Galey [1985] 1 NZLR 230 (CA)
“Being together” in the context of s235(b) involves “two or more persons having the common intention to use their combined force, either in any event or as circumstances might require, directly in the perpetration of the crime.”

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19
Q 
Aggravated Wounding
Section 191(1)(c)
A 
Aggravated wounding
Section 191(1)(c) - 14yrs
  1. With Intent
  2. To avoid the arrest or
    facilitate the flight of himself or of any other person upon the commission or attempted commission of any imprisonable offence
  3. Wounds, maims, disfigures, or causes grievous bodily harm to any person, or stupefies or renders unconscious any person, or by any violent means renders any person incapable of resistance.
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20
Q

Aggravated Burglary

Section 232

A

AGGRAVATED BURGLARY
Section 232
14yrs

Section 232(1)(a)
1. While committing Burglary
2. Has a weapon with him OR Uses any thing as a weapon
*********
Section 232(1)(b)
1. Having committed Burglary
2. Has a weapon with him OR Uses any thing as a weapon
3. While still in the building or ship
*********
Section 232(2) - 5yrs
Armed with a weapon
With intent to commit burglary

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21
Q

Ingredients for Aggravated Assault

Section 192

A

Aggravated Assault
Section 192 - 3 years

  1. Assaults
  2. Any other person
  3. With intent-
    (a) To commit or facilitate the commission of any imprisonable offence; or

(b) To avoid the detection of himself or of any other person in the commission of any imprisonable offence; or
(c) To avoid the arrest or facilitate the flight of himself or of any other person upon the commission or attempted commission of any imprisonable offence.

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22
Q

Aggravated Burglary vs Burglary

Guy enters a shed to steal with knife in his pocket

A

AGGRAVATED BURGLARY
Section 232
14yrs

Section 232(1)(a)
1. While committing Burglary
2. Has a weapon with him OR Uses any thing as a weapon
*********
Section 232(1)(b)
1. Having committed Burglary
2. Has a weapon with him OR Uses any thing as a weapon
3. While still in the building or ship
*********
Section 232(2) - 5yrs
Armed with a weapon
With intent to commit burglary

23
Q

R v Rua

When is Production/Manufacture complete?

A

R v Rua
The words “produce” or “manufacture” in s 6(1)(b) broadly cover the creation of controlled drugs by some form of process which changes the original substances into a particular controlled drug.

The offence is complete once the prohibited substance is created, whether or not it is in a useable form.
For example in R v Rua, methamphetamine in suspension in a two-layered liquid, although not capable of being used in that state, was held to have been manufactured.

24
Q

Possess equipment/precursors s12A(2) what must be proven?

A

For charges under section 12A(2) the Crown must prove three elements:
• that the defendant has equipment, material or precursors in his possession
• that those items are capable of being used in the production or manufacture of controlled drugs, or the cultivation of prohibited plants
• that the defendant has the intention that those items are to be used for such an offence, either by himself or another person

25
Q

Discuss the impact of age on Sect 6 dealing offences

A

The age of the person is not relevant to offences involving Class A and B controlled drugs under paragraph (c), but is relevant under paragraphs (d) and (e) involving Class C controlled drugs.

26
Q

What is the principal difference between sexual violation by rape and unlawful sexual connection

A

“Rape” is a specific form of sexual violation that involves the non-consensual penetration of the complainant’s genitalia by the offender’s penis.

“Unlawful Sexual Connection” has a wider meaning, and includes any form of non-consensual penetration or oral connection with a person’s genitalia or anus.

The only difference between sexual violation and attempted sexual violation is that in the attempt, the offender was unsuccessful in effecting the intended sexual connection. The mental elements of the two offences, in terms of intent and reasonable belief in consent, are the same.

27
Q

Discuss penalty under s128 for sexual violation.

A

Sexual violation - Section 128B
(1) Every one who commits sexual violation is liable to imprisonment for a term not exceeding 20 years.

(2) A person convicted of sexual violation must be sentenced to imprisonment unless, HAVING REGARD TO THE MATTERS stated in subsection
(3) the court thinks that the person should not be sentenced to imprisonment.

(3) The matters are-
(a) the PARTICULAR CIRCUMSTANCES OF THE PERSON CONVICTED; and

(b) the PARTICULAR CIRCUMSTANCES OF THE OFFENCE, including the NATURE OF THE CONDUCT constituting it.

28
Q

R v Misic

Definition of a Document

A

R v Misic [2001] 3 NZLR 1

Essentially, a document is a thing which provides evidence or information or serves as a record.

29
Q

Definition of Murder - Section 167

A

167 Murder defined

Culpable homicide is murder in each of the following cases:
(a) If the offender MEANS to cause the death of the person killed:

(b) If the offender means to cause to the person killed any BODILY INJURY that is known to
the offender to be likely to cause death, and is reckless whether death ensues or not:

(c) If the offender means to cause death, or, being so reckless as aforesaid, means to cause
such bodily injury as aforesaid to one person, and BY ACCIDENT or MISTAKE KILLS ANOTHER PERSON, though he DOES NOT mean to hurt the person killed:

(d) If the offender for any UNLAWFUL OBJECT does an act that he knows to be likely to cause
death, and THEREBY kills any person, THOUGH HE MAY HAVE DESIRED that his object should be effected without hurting any one.

30
Q

When interviewing a child what must you establish in relation to their knowledge?

A

R v Brooks
The onus is on the prosecution to establish that the accused KNEW that the act or omission was WRONG or that it was CONTRARY TO LAW.
**********
R v Rapira
The child must know that their act was wrong but need not understand that it was
seriously wrong:
**********
Section 21
Children under 10

(1) No person shall be convicted of an offence by reason of any act done or omitted by
him when under the age of 10 years.

Section 22
Children between 10 and 14

(1) No person shall be convicted of an offence by reason of any act done or omitted by
him when of the age of 10 but under the age of 14 years, unless he knew either that the
act or omission was wrong or that it was contrary to law.

31
Q

Definition of Receiving s246(3).

A

The act of receiving any property stolen or obtained by any other imprisonable offence is complete as soon as the offender has, either exclusively or jointly with the thief or any other person, possession of, or control over, the property or helps in concealing or disposing of the property.

32
Q

Suicide Pact vs murder etc. and culpablility

A

The critical factors to consider for a charge of murder are whether the offender:
1. Intended to kill the person OR
2. Intended to cause bodily
injury that the offender knew was likely to cause death.
*******
Section 179 makes it an offence for a person (Person A) to assist another person (Person B) to commit suicide without any intention of Person A committing suicide themselves.
*******
Section 180(1) makes it an offence to enter into a suicide pact, and only one person dies as a result of an action by another person.
*********
Section 180(2) makes it an offence for two people to enter into a suicide pact, where they are both responsible for the actions that caused one of their deaths (Person A), and where one person survives (Person B). For example if Person A and Person B both self administer a high dosage of morphine and Person A dies as a result of their own actions, but Person B survives the overdose. Person B would be guilty of being a party to a death under a suicide pact and is liable to mprisonment for a term not exceeding 5 years. Person B cannot be convicted of an offence under s.179 of the Crimes Act (Aiding and Abetting Suicide)

33
Q
  1. Controlled Drug

2. Controlled Drug Analogue

A

Controlled drug means any substance, preparation, mixture, or article specified or described in Schedule 1, Schedule 2, or Schedule 3 to this Act ; and includes any controlled drug analogue
*****************
Controlled drug analogue means any substance, such as the substances specified or described in Part 7 of Schedule 3 to this Act, that has a structure substantially similar to that of any controlled drug;

34
Q

Death and causation, refuses treatment = liable for murder.

A

Section 165
CAUSING DEATH THAT MIGHT HAVE BEEN PREVENTED

Every one who by any act or omission causes the death of another person kills that person,
although death from that cause might have been prevented by resorting to proper means.
*********
Section 165 imposes a liability on a person who is responsible for a death if
an injury inflicted by him is an operative cause of death (directly or through
some secondary condition such as tetanus), even though it could have been
prevented with proper treatment
*********
Liability depends on the mens rea not on the victim’s subsequent actions.

35
Q

R v TIHI/2 intents.

A

R v Tihi

In addition to one of the specific intents outlined in paragraphs (a), (b) or (c), “it must be shown that the offender either meant to cause the specified harm, or foresaw that the actions undertaken by him were likely to expose others to the risk of suffering it”.

36
Q

Blackmail s237 scenario, act/section/penalty and threats/intents

A

Blackmail
Section 237(1)
14yrs

  1. Any person
  2. Threatens (expressly or by implication)
  3. To make an accusation against any person (whether living or dead) OR

To disclose something about any person (whether living or dead) OR

To cause serious damage to property or endanger the safety of any person

With intent—

(a) to cause the person to whom the threat is made to act in accordance with the will of the person making the threat; AND
(b) to obtain any benefit or to cause loss to any other person.
* ********

Blackmail primarily relates to blackmail of an individual using any threat of disclosure, not simply of sexual misconduct or criminal offending. It also relates to commercial extortion and threats of product contamination.
*******
You must prove the identity of the suspect and that they threatened, expressly or by implication, to:
• make any accusation against any person (whether living or dead), or
• disclose something about any person (whether living or dead), or
• cause serious damage to property, or
• endanger the safety of any person with intent to:
• cause the person to whom the threat is made to act in accordance with the will of the person making the threat, and obtain any benefit or to cause loss to any other person.

Section 238, Crimes Act 1961
Punishment of Blackmail
Every one who commits blackmail is liable to imprisonment for a term not exceeding 14 years

37
Q

Aggravated robbery s235(a)(b)(c) intents

A

Aggravated robbery
Every one is liable to imprisonment for a term not exceeding 14 years who—
(a) robs any person and, at the time of, or immediately before or immediately after, the robbery, causes grievous bodily harm to any person; or
(b) being together with any other person or persons, robs any person; or
(c) being armed with any offensive weapon or instrument, or any thing appearing to be such a weapon or instrument, robs any other person.

38
Q

Defences to sexual conduct
with child.

Section 134A

A

It may provide a defence to a charge under s134 if the defendant proves that before the time of the sexual activity:
• they had taken reasonable steps to ascertain that the young person was at least 16, and
• and at the time of the sexual activity they believed on reasonable grounds that the young person was at least 16, and
• the young person consented.

39
Q

4 things to consider when profiling the addressee for a controlled delivery.

A

.

40
Q

BA2000 s8(2) List all.

A

Section 2 - Consideration of just cause for continued detention

In considering whether there is just cause for continued detention under subsection
(1), the court may take into account the following:

(a) the NATURE of the offence with which the defendant is charged, and whether it is a grave or less serious one of its kind:
(b) the STRENGTH of the EVIDENCE and the PROBABILITY of conviction or otherwise:
(c) the SERIOUSNESS of the PUNISHMENT to which the defendant is liable, and the SEVERITY of the punishment that is likely to be imposed:
(d) the CHARACTER and past conduct or behaviour, in particular proven criminal behaviour, of the defendant:
(e) whether the defendant has a HISTORY OF OFFENDING WHILE ON BAIL, or BREACHING COURT ORDERS, including orders imposing bail conditions:
(f) the LIKELY LENGTH OF TIME before the matter comes to HEARING or TRIAL:
(g) the POSSIBILITY of PREJUDICE TO THE DEFENCE in the preparation of the defence if the defendant is remanded in custody:
(h) any OTHER SPECIAL MATTER that is relevant in the particular circumstances

41
Q

S&S2012 s17 search of car in public place, outline reasons you can conduct the search.

A

(SEARCH A CAR IN PUBLIC PLACE)
Section 17 - Warrantless entry and search of vehicle for evidential material relating to certain offences

1.  A constable may, without a warrant, 
ENTER
SEARCH a vehicle 
PUBLIC PLACE
RGTB
EVIDENTIAL MATERIAL
Relating to an offence punishable 14 years or more
Is IN or ON THE VEHICLE
42
Q

S&S2012 s45 - Restrictions on some trespass surveillance and use of interception device

Section 46 - hours can do surveillance etc.

A

Section 45
Restrictions on some trespass surveillance and use of interception device

(1) Nothing in this subpart authorises any enforcement officer to undertake trespass surveillance (other than by means of a tracking device) except in order to obtain evidential material in relation to an offence—

(a) that is punishable by a term of imprisonment of 7 years or more; or
(b) against section 44, 45, 50, 51, 54, or 55 of the Arms Act 1983

(2) Nothing in this subpart authorises any enforcement officer to use an interception device except in order to obtain evidential material in relation to an offence—
(a) that is punishable by a term of imprisonment of 7 years or more;

(b)against section 44, 45, 50, 51, 54, or 55 of
***************
Section 46
Activities for which surveillance device warrant required

(1) Except as provided in sections 47 and 48, an enforcement officer who wishes to undertake any 1 or more of the following activities must obtain a SURVEILLANCE DEVICE WARRANT

(a) use of an INTERCEPTION DEVICE to intercept a private communication
(b) use of a TRACKING DEVICE except where a tracking device is installed solely for the purpose of ascertaining whether a thing has been opened, tampered with, or in some other way dealt with, and the INSTALLATION of the device DOES NOT INVOLVE TRESPASS TO LAND OR GOODS
(c) OBSERVATION OF PRIVATE ACTIVITY in private premises, and any recording of that observation, by means of a VISUAL SURVEILLANCE DEVICE
(d) use of a surveillance device that INVOLVES TRESPASS TO LAND OR GOODS
(e) OBSERVATION OF PRIVATE ACTIVITY IN THE CURTILAGE OF PRIVATE PREMISES and any recording of that observation, if any part of the observation or recording is by means of a visual surveillance device, and the duration of the observation, for the purposes of a single investigation, or a connected series of investigations, exceeds—

(i) 3 hours in any 24-hour period or
(ii) 8 hours in total

43
Q

Victims Rights Act s30.

A

Section 30
Victim’s views about release on bail of accused or offender

(1) This section applies if—
(a) the victim is the victim of a specified offence; and
(b) the person accused of the offence or, as the case requires, the offender, applies to a court for release on bail.

(2) If this section applies, the prosecutor must
(a) make all reasonable efforts to ascertain any views the victim has about the accused, or, as the case requires, the offender, being released on bail; and
(b) inform the court of any views ascertained under paragraph

44
Q

Objectives of a crime scene exam.

A

ESTABLISH if a crime has been committed

ESTABLISH the crime’s key elements and provide the facts for the basis of an inquiry

IDENTIFY the suspect and place them in contact with the victim or scene

IDENTIFY people associated with the crime

CORROBORATE or contest witness and victims accounts

CORROBORATE or exclude other evidence relating to the crime or incident

EXCLUDE possible defences

EXONERATE the innocent

VERIFY confessions and admissions

45
Q

Responsibilities of O/C Scene.

A

BRIEFING staff on their duties

RECONNAISSANCE - Conduct a reconnaissance to gain overall picture of scene and test possible reconstructions

UPLIFTING, inspecting and ensuring delivery of labelled exhibits to the exhibit recorder

CONTROLLING, freezing and preserving the scene and ensuring it is safe

COMMUNICATION - Providing communication link between the scene and O/C Investigation

COMMON - Establishing a common approach path between police cordon and scene’s focal point

COORDINATING and overseeing the crime scene examination

ENSURING scene is photographed, fingerprinted and examined by specialists before searched

PLANNING a strategy for forensic examination

PROVING relevant exhibits in court

46
Q

What a scene strategy should cover.

A
  1. Placement of Hot/Warm/Cold Areas
  2. Protection methods for ensuring no contamination
  3. How exhibits to be handled/packaged/labelled/secured
  4. Starting place (e.g offenders entry point)
  5. A logical and systematic search method
  6. Likelihood of evidence deteriorating
  7. Any specialists required
  8. Individual tasks and area of responsibility for each member
  9. Recording system to be used/exhibit inventories/schedule/jobsheets
47
Q

ASA categories/timings for medical exam.

A
  1. The primary objective is the victims physical, sexual and mental health.

Secondary importance is to Collect trace evidence
**********
ACUTE or a suspected drug facilitated sexual Assault should be WITHIN 7 days. MEK to be done ASAP to ensue capturing forensic evidence.

NON ACUTE - after 7days but before 6mths

HISTORIC - after 6months

48
Q

ASA after preliminary interview.

A

PSSID
Reassess and reconsider what further investigative procedures appropriate.

PUBLIC SAFETY - likelihood of similar/connected offending.

SECURE/preserve fragile or diminishing evidence

SECURE/contain crime scene

IDENTIFY /locate witnesses

DETECTING/apprehending suspects

Consider whether a recent photo of victim is necessary for evidential purposes.

Ensure victim advised of specialist services available

49
Q

ASA after medical/debrief w/Dr.

SAIIIR and 2 further points

A

ACTIONS AFTER A MEDICAL

  1. Before the MEK is sealed, the attending officer debriefs with the practitioner asking them to:
    - Advise on any immediate needs of the victim
    - Verbally summarise the exhibits and advise their possible significance
    - Identify any forensic items that need to be taken to ESR, ASAP for analysis
    - Identify any non-intimate injuries that should be photographed
    - Identify any significant disclosures made by the victim during the examination which
    - May be useful in the Police Investigation
    - In the case of s presence and hands over the MEK, tox kit and clothing removed, bagged, labelled during exam.Dr keeps original.
    * *********
  2. Police secure the sealed kit in an appropriate refrigerator until delivery to ESR
    * *********
  3. Collect and preserve any clothing worn by the victim not already bagged by practitioner. Package, label each item of clothing separately.
50
Q

Initial action to preserve a crime scene.

A

Victim Identify and locate the victim(s).

Appreciation Make an initial appreciation of the incident. Assess personal risk and then preserve the lives of others.

Witnesses Locate and contain witnesses.

Scene Preserve the scene (e.g. set boundaries).

Exhibits Note evidence and preserve any that would otherwise be lost or destroyed.

Ingredients Consider whether the ingredients of the alleged offence have been established.

Powers Identify what powers are available
and consider whether to execute them.

Offenders Identify and apprehend suspect(s).

51
Q

O/C Body duties stripping the body, and responsibilities in relation to exhibits

A
  1. The body must ONLY be stripped in the PRESENCE of the pathologist.
  2. REMOVE the body from the secure mortuary fridge and assist mortuary staff to take the body into the post-mortem examination room.
  3. REMOVE the body from the body bag, causing MINIMAL DISTURBANCE disturbance to the body.
  4. EXHIBITS - Take possession of the body bag and any sheets or wrappings used to transport the body, as exhibits.
  5. If necessary, DIRECT the Police photographer to take additional photographs to ensure that appropriate and SUFFICIENT PHOTOS OF THE BODY are taken BEFORE clothing is removed, and again after the body is disrobed. The PATHOLOGIST will LEAD direction of the photographer.
  6. REMOVE items of CLOTHING from the body. Mortuary technicians may assist to removing clothing, but only under the supervision and direction of the OC Body.

· CUTTING clothing off the body SHOULD BE AVOIDED, but may be necessary in some cases. If unavoidable, CUT in areas where EVIDENCE IS LEAST is least likely to be present.
· Search clothing POCKETS and make an inventory of each of the pocket contents.

  1. Make an INVENTORY of clothing and possessions, as each item is removed.
  2. LABEL each item of clothing and each possession.
  3. SEAL each item in a separate paper BAG or CONTAINER.
  4. Ensure exhibits DO NOT CROSS-CONTAMINATE each other by coming into contact with one other.
  5. MAINTAIN SECURITY AND CONTINUITY of the body and exhibits taken from the body, until the post-mortem examination commences.
  6. In cases involving OBVIOUS HEAD TRAUMA, before blood and debris is washed from the body, particularly the head hair, consider placing a FINE SIEVE in the mortuary table drain hole to COLLECT trace evidence that may have been transferred

The OC Exhibits is responsible for establishing required standards for the recovery, handling, labelling, storage, submission to experts, presentation at Court and disposal of exhibits and ensuring these processes are completed in accordance with the requirements set by the OC Investigation and the Serious Crime Template.

The OC Exhibits must communicate required standards to all investigation team members, usually at investigation conferences.

52
Q

Police responsibilities to witnesses.

A

MAINTAIN contact with witnesses to ensure they are available for court

ATTEND - Ensure that the witnesses attend court and see to their welfare

ADVISE the 2 IC Investigation of any witnesses seeking name suppression, so they can inform the crown prosecutor

REPORT any instances of threats, intimidation/interference with witnesses, so that appropriate action can be taken

INTERPRETERS - Arrange court interpreters

NOK - Ensure victims NOK are informed of the progress of the enquiry & pending court case

EXPLAIN court procedures to witnesses

REFRESH - allow witnesses to refresh their memories from their statements

SUMMONS witnesses to prelim hearing and arrange their attendance at the trial.

53
Q

CHIS rewards.

A

Handlers and Co-Handlers must:

MANAGE - To avoid exposure carefully plan for and MANAGE the impact that large sums of money may have on the CHIS.

AVOID creating expectations on the part of the CHIS in relation to the level reward

PAID - Ensure rewards are PAID as per policy and the receipt forwarded to OC HSMU

SUBMIT applications for rewards and ancillary expenses

5. Prereqmock - 1/2014 (5 decks)

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