ADPP finals Flashcards
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4 Different types of assault?
CRIMES ACT 1900
s 33 - Assault GBH/Wounding (intent)
s 35 - Assault GBH/Wounding
(reckless)
s 59 - Assault ABH
s 61 - Common Assault
Defences for assault
-Self-defence
-Accidental use of force
-Medical procedures (Surgery e.g.)
-Lawful arrest or execution of process
-Consented to (Sports)
-Taking blood samples
-Defence of family or home
-Defence of lawful correction
Assault scenario 1
A person (intruder) breaks into a house, and the owner of the house approaches the intruder. The intruder rushes toward the owner and pushes him into a wall. The owner tackles and restrains the intruder until police arrive. Upon police arrival, the intruder claims that the homeowner assaulted him and shows bruising and redness to his abdomen.
Have any offences been committed and/ do or any defences exist?
The intruder has no claim of assault unless the homeowner used excessive force. The homeowner has been assaulted and has a legal defence of self-defence.
Crimes act 1900 - 418 Self defense
5 E’s for road safety?
-Education: Education of road users about road safety. This includes school based programs, road safety signage; promotion of road safety and programs for people convicted of road safety offences.
-Engineering: Designing and building safer roads and vehicles
-Encouragement: Encouragement for road users to act in a safe and responsible manner.
-Enforcement: Actively acting to ensure the road rules are adhered to and taking action against road users committing offences
-Evaluation: Ongoing evaluation of all the various aspects of road safety to ensure the continuing safety of road users.
PCA ranges?
Novice Range PCA
0.001 - 0.019
Special Range PCA
0.020 - 0.049
Low Range PCA
0.050 - 0.079
Middle Range PCA
0.080 - 0.149
High Range PCA
0.150 or higher.
different types of vehicle defect notices?
-Formal warning
-Minor
-Major
-Major grounded
Elements of a traffic offence?
-Driver,
-Motor Vehicle,
-Road/Road-Related Area,
-Specific Offence
SEINS?
-Self
-Enforcing
-Infringement
-Notice
-Scheme
ABC’s of a ticket?
-Part A (AWAY): forwarded to Infringement Bureau
-Part B (BOOK): remains in Fixed Penalty Notice Book
-Part C (CLIENT/CUSTOMER): issue copy to driver/rider
How many tickets can you issue at once?
-Using a mobile phone (1)
-Not wearing a seatbelt (1)
-Not display P plates (1)
-Not produce licence (0)
-Unregistered vehicle
-Uninsured vehicle (1)
You can see that this is a list of 6 offences, and therefore 6 tickets. When you hand them to the driver, it would be counted officially as 4.
Harm minimisation policy?
-Harm Reduction or problem prevention (strategies designed to reduce drug-related harm for communities and individuals i.e. overdose policy or needle exchange policy).
-Supply Reduction (strategies designed to disrupt the production and supply of illicit drugs i.e. law enforcement).
-Demand Reduction (strategies designed to prevent the uptake of harmful drugs and to reduce drug use (i.e. education, rehabilitation or methadone program).
Drug scenario 1
Billy is going away on holiday to Bali. He asks his friend Roger to go to the shed on Wednesday and Saturday to check on his marijuana hydro set up in his garage. Roger has to check the drip feed system and place some nutrients in the water tank.
On Saturday afternoon police execute a search warrant and catch Roger as he is filling a water tank from a hose. When spoken to he said, “Honestly it’s not mine!”
Is Roger guilty off an offence?
Yes, he is guilty of the offence of cultivate prohibited plant:
- The accused (Roger)
- Cultivate (he is tending to the plant as he is adding water and nutrients to the device that feeds the plant)
- Prohibited plant (hydroponic cannabis plant)
Drug and Misuse and trafficking act-S6 Meaning of “Take part in”
Drug scenario 2
Tina is visiting her boyfriend Marcus and he says to her, “I want to try my hand at growing some tomato plants, could you go down to the local plant nursery and pick me up some grow lights?” (Marcus actually wants the lights so he can grow cannabis).
Tina agrees and goes to buy the lights. While she is away police execute a search warrant at Marcus’s house and find cannabis. While police are there, Tina returns with the grow lights and is arrested.
Is Tina guilty off an offence?
No. If Tina genuinely believed she was buying the grow lights for the growing of tomato plants only, then the element of ‘knowingly took part in’ could not be met, and there would be no offence.
Drug scenario 3
Peter is short of money and decides that he will deceive some of his customers. He goes to a supermarket and buys a packet of icing sugar. He divides it up into small packages. He represents the icing sugar as the prohibited drug cocaine and sells Matthew a package for $30.
What offence has Peter committed and what offence has Matthew committed?
-The accused (Peter)
-Prohibited Drug (although not a drug, it was
-represented and sold as being Cocaine, a prohibited drug.
Drug Misuse and Trafficking Act (1985) Effect of certain representations - section 40 (1)
-The accused (Matthew)
-Possessed (although purchasing on the belief that the drug was Cocaine)
No offence committed due to the contents being icing sugar all elements off the offence cannot be met.
S21 LEPRA four categories to search?
- Stolen or unlawfully obtained
- Used, in ‘relevant’ offence
- A dangerous article
- A drug
According to the NSWPF Person Search Manual, whenever police exercise the power to search a person they must?
-Hold the state of mind required by LEPRA
-Comply with the rules for searching in sections 32 and 33 LEPRA
-Comply with the safeguard requirements in part 15 LEPRA
-Make a contemporaneous record of the search (make an entry in your notebook, on what power you used and why (reasonable suspicion))
Two types of searches and two methods of searching?
-LEPRA S30 - Searches generally
-LEPRA S31 - Strip search
-Crush method
-Blade of hand
Alternatives to arrest?
-No action
-Warning
-Cautions (e.g., Young Offenders Act and Cannabis Cautioning Scheme)
-Penalty Notices (e.g., CINS, TINS, PINS)
-Field Court Attendance Notices
-Future Service Court Attendance Notices
-Arrest and Charge (convey to the nearest police station for creation and issue of Court Attendance Notice)
CIN’s may be used for 7 specific offences what are they?
-Larceny (value under $300)
-Goods in Custody
-Offensive Behaviour
-Offensive Language
-Obstruct person/vehicle/vessel in public place
-Enter vehicle or boat without consent of owner/occupier
-Continue intoxicated behaviour after move-on direction
What tests do police apply?
Subjective Test
Is the opinion of what happened from the offender’s and/or victim’s point of view
Objective Test
Is using a third imagined person, who does not need to be present at the event
Who is of reasonable firmness
Who would have been offended, threatened or scared by the event/situation?
Criteria’s for major crash?
-Was any person killed or injured?
-Did any of the drivers leave the scene without providing their details?
-Was any driver involved under the influence of alcohol or other drugs?
Times when police may still attend even though not major?
-Hazard/s on the road
-Traffic obstructed
-Heavy vehicles involved requiring towing
-Someone distressed or needing help
-Someone requested police attendance anyway
-Someone is being aggressive, so police would attend to keep the peace
Police priorities when attending a crash?
-Attend, Assess, Advise
-Attend to the welfare of the injured
-Identify drivers and witnesses
-Breath test drivers where possible
-Establish preliminary point of impact
-Ensure free flow of traffic
-Investigate and record details
-Adjudicate on who is at fault and deal with such under relevant legislation
Information from a caller reporting a crash?
-Location of the crash
-Injuries/persons trapped
-How many vehicles involved
-Time of crash
-Particulars of the caller (at least name and contact details)
Breath test vs breath analysis?
Breath Test
-Conducted roadside
-Only an indication that a PCA offence MAY have been committed
-No actual offence at this stage
-Positive (standard) breath test leads to an arrest for the purposes of a breath analysis
Breath Analysis
-Conducted at the station or RBT Bus
-After an arrest for a positive (standard breath test) or refused the breath test
Police should only use force that is?
-Reasonable,
-Necessary
-Proportionate
-Appropriate to the circumstances.
When you detect a person committing a criminal offence and they appear to have a mental illness or is mentally disordered, you must consider the following?
Table 1 Indictable Offence or Strictly Indictable Offence – persons detected committing offences in this category should be charged and brought before a court as soon as possible
Table 2 Indictable Offence or Summary Offence – should be dealt with under the Mental Health Act
3 different type off offences?
-Summary offences have a maximum penalty of 2 years imprisonment
-Minor Indictable offences have a maximum penalty of less than 5 years imprisonment
-Serious Indictable offences have a penalty of 5 years imprisonment or more.
Table 2 offences?
-Possessing an unregistered firearm in a public place
-Assault Occassioning Actual Bodily Harm (AOABH)
-Record intimate image without consent
-Stealing/Larceny where the value of the property does not exceed $5000
-Destroy or damage property where the value of the property does not exceed $5000
-Only the prosecutor may elect for the matter to be heard in the District Court.
Table 1 Offences?
-Possess child abuse material
-Assault Occassioning Grevious Bodily Harm (AOGBH)
-Robbery
-Stealing/Larceny where the value of the property exceeds $5000
-Destroy or damage property where the value of the property exceeds $5000
-The prosecutor or defence may elect for the matter to be heard in the District Court.
Elements off:
Section 4 – Offensive conduct
Section 4A - Offensive language
Section 5 - Obscene exposure
Offensive conduct
-the accused
-conducted him/herself in an offensive manner
-in or near, or within view or hearing from a public place or a school
Offensive language
-the accused
-used offensive language
-in or near, or within hearing from, a public place or a school
Obscene exposure
-the accused
-Wilfully or obscenely
-exposed themself in or near, or within hearing from, a public place or a school
Crime scene powers 95?
(1) A police officer may, in accordance with this Part and any relevant crime scene warrant, exercise the following functions at, or in relation to, a crime scene established under this Part—
(a) direct a person to leave the crime scene or remove a vehicle, vessel or aircraft from the crime scene,
(b) remove from the crime scene a person who fails to comply with a direction to leave the crime scene or a vehicle, vessel or aircraft a person fails to remove from the crime scene,
(c) direct a person not to enter the crime scene,
(d) prevent a person from entering the crime scene,
(e) prevent a person from removing evidence from or otherwise interfering with the crime scene or anything in it and, for that purpose, detain and search the person,
(f) remove or cause to be removed an obstruction from the crime scene,
Subsection (2) further clarifies what is meant in subsection (1) about ‘seizing’ and ‘detaining’ a thing.
Subsections (3) and (4) combined tell us that our ‘lawful entry’ can be with the consent of the occupier. However, this consent must be ‘informed’ consent as per the conditions listed and must be in writing where possible.
Primary and Secondary crime scene?
Primary
The location where the actual offence/ incident took place.
Secondary
This is any location where additional evidence may be found related to the offence/incident. There can be more than one secondary crime scene and these can be in multiple locations.
Domestic violence cycle?
-Build-up Increasing tension, harassment and arguments
Stand-over Increases level of control and threats creates and instils fear in victim and children
-Explosion Uses extreme abuse, aggression and violence, damaging property (used as an extremely controlling behaviour)
-Remorse Attempts to justify and minimise actions, blames victim, demonstrates guilt and may include threats of self-harm
-Pursuit Promises that it will not happen again, becomes the ‘victim’, blames other factors or substance abuse (alcohol)
-Honeymoon Returns to the courting phase increased caring, attentive and romantic phase (previous manipulative practices)
What is a domestic relationship
(1) A person has a domestic relationship with another person if the person:
(a) is or has been married to the other person, or
(b) is or has been a de facto partner of that other person, or
(c) has or has had an intimate personal relationship with the other person, whether or not the intimate relationship involves or has involved a relationship of a sexual nature, or
IBADGASO
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
Four different types of AVOS?
-Provisional
-Interim
-Non-urgent
-Final
