1 COPY Flashcards
Child or young person at risk of significant harm. What act and section gives you the deffinition
What is said definition
children and young persons protection sct 23
- Physical or psychological needs not being met or at risk of not being met
- Parent or care giver not arranging medical care
- Parent or care giver not arranging school
- has been or at risk of being sexually or physically abused
- psychological affects of seeing domestic violence
Mandatory reporting of a child at risk of harm
children and young persons protection sct 27
(1) Outlines who what a duty to report (includes law enforcement)
(2) Outlines when it must be reported ( where we SORG the child is at risk of harm throughout our work duties)
(3)
What are the differing types of child abuse and/or neglect?
physical
sexual
psychological/ Emotional
neglect
Removal of children and young persons without warrant. Section and criteria.
Children and Young Persons Protection act sct 43
- Immediate risk of serious harm
- An AVO will not help
In a public place
- Need for care and protection
- No supervision of a responsible adult
- Living in or frequenting a public place
Places with prostitution or child exploitation
- Is in need for care and protection
- Present at a place where there has been prostitution / child prostitution or where people are used for producing child abuse material
Relevant concepts of Assault
- Recklessness
- Criminal Liability
- Temporal Coincidence
- Mens rea and actus reus
- Legal defences to assault
Define Assault
Any act committed either intentionally or recklessly that threatens another person with immediate and unlawful violence.
It is not necessary for actual physical harm to be inflicted.
examples of assault
- 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
Assault occasioning actual bodily harm
Crimes act 1900 s 59
- The Accused
- Assaulted
- A person
- Occasioning actualbodily harm
What constitutes proper entry PAPO
PAPO
Notice of your PRESENCE (knocking)
Notice of your AUTHORITY (this is the police)
Notice of the PURPOSE / cause (reason for demanding entry
OPORTUNITY to comply
Requirements for forced entry to be legal. (PAPO)
- Notice of your presence - knocking
- Notice of your authority - its the police
- Notice of cuase or purpose -
- Oportunity to comply
S27 Crimes (domestic and personal violence act 2007)
Obligation of police to make and application of a provisional order
S49 Crimes (domestic and personal violence act 2007) What the section heading is and what the two sub points are.
Circumstance in which police must make an application for an order.
A DV offence is occuring / likely
Offence against a child (child and yound person protection act )
What does DVEC stanf for?
How is the electronically recorded victim statement used?
Domestic violence evidence in cheif
It is used as the DVEC
Examples of Personal Violence Offences
Assault
Property Damage
B&E
Intimidation
Stalkiing
Formula for a DVO
DVO = PVO + DR
DVSAT Stands for what
Domestic Violence Safety assessment tool
What is acting in concert
An agreement of 2 or more people to commit an offence together (common purpose)
Assault occasioning actual bodily harm. Section and elements.
Crimes act s 59
- The accused
- Assaulted (recklessly or intentionally + without lawful excuse)
- A person
- Occasioning actual bodily harm
Common assault
Crimes act s61
- The accused
- Assaulted (recklessly or intentionally + without lawful excuse + without consent)
- A person
Reckless grievous bodily harm or wounding. Section and elements.
Crimes act 1900 s 35
- The accused.
- Wounds any person, and
- Is reckless as to causing to that or any other person.
Affray (think afraid).
Section and elements.
Crimes act s 93c ( 93 c in my pants I will pee )
- A person uses or threatens to use violence towards another person
- Person of reasonable firmness present would fear for their safety
Riot
Crimes act s 93B
- 12 or more people
- Used or threatened to use violence (common purpose)
- Reasonable firmness person would cack there dacks
Dr E ALPINE`
- Duty Officer and supervisor to be notified
- Respectful and supportive of the victim
- Ensure the victim’s immediate safety
- Assess and attend to urgent medical needs including Sexual Assault Investigation Kit (SAIK) and/or Early Evidence Kit (EEK)
- Liaise with criminal investigation staff
- Privacy of the victim
- Identify and secure any primary/secondary crime scene and/or other forensic evidence
- Notebook entry
- Encourage the victim not to change
Break enter and commit SIO / Break out
Sections and elements
Crimes act s112 (a)
The accused
Breaks
Enter
Dwelling house or other building
Commits serious indictable offence
s112 (a)
The accused
Enters
Dwelling house or other building
Breaks out
Steal from dwelling
Crimes act s 148
The accused
Steals
property
in a dwelling house and carries it out of such a dwelling house
Larceny Section and elements
Crimes act s117 (punishment for larceny)
The accused
without consent
without legal claim of right
took and carried away
property belonging to another
with intent to permanently deprive
fraudulently
Larceny as a bailee
Crimes act s125
The accused
Possesses property as a bailee
Takes or converts property for their use or the use of another
Act fraudulently
Take conveyance without consent
Crimes act s 154a
The accused
without consent
Takes and drives conveyance
Or knowing it is stolen allows them self to be driven in conveyance
Steal Motor vehicle
Crimes act s 154F
The accused
steals (elements of larceny)
Motor vehicle, vessel or trailer
Goods in custody
Crimes act S 527c
Reasonable suspicion attached to the goods
The accused
Has any thing in their custody
Has a thing in the custody of another person
Has a thing on premises
Gives anything to another (which may be reasonably suspected of being stolen)
Receiving stolen goods
Crimes act s188
The accused
Receives, disposes of or attempts to dispose of stolen property
The stealing amounts to a SOI
The accused knew it was stolen
Posses prohibited drug
Drugs misuse and trafficking act 10
- accused
- had in their possession
- a prohibited drug
Admixtures
Drugs misuse and trafficking act s4
If a prohibited drug is combined with any admixture, the total amount seized will be calculated in full.
Supply prohibited drug
Drugs Misuse and Trafficking act S 25
Meaning of domestic relationship
Crimes domestic and personal violence act s5
Married to or has been, or
De facto or has been, or
Has / had an intimate relationship with the other person, whether or not sexual
living / lived in the same house
living / lived as a long-term resident in the same residential facility as the other person and at the same time as the other person (not being a facility that is a correctional centre dd
Dwelling house vs Premises
Dwelling 1. Any building or other structure intended for occupation as a dwelling and capable of being so occupied, although it has never been so occupied,
- Boat or vehicle
Premises includes any building, structure, vehicle, vessel or aircraft and any place, whether built on or not.
Four types of ADVO
Provisional
Interim
Non-urgent
Final
Provisional AVO
Where is the obligation to apply?
When is it in force?
Crimes (Domestic and Personal Violence) Act 2007 (NSW), Section 27
immediately
Criteria for the men’s counselling service
Not for male defendants under the age of 18
Not for male defendants where the victim is under 16
police to send the service the charge sheets and defendants reaction
Personal Violence offences IBADGASO
Intimate images
Breach AVO
All manner of assaults
Damage to property
Guns
Attempts at all these things
Stalking and intimidation
Other offence
3 circumstance in which we must take out an AVO
- Stalking
- Child abuse
- DV
Why do we use the DVSAT?
To assess the future threat of harm
Crimes act s118
Intention to return property is no defense
7 Fraud (obtain benefit by deception)
S192E
- The accused
- Uses deception
- Dishonestly obtains property belonging to another or obtains financial advantage or causes financial disadvantage
