Assaults Flashcards
TOPIC: ASSAULTS
Section 418 Crimes Act 1900 - What are the Four statutory Defences to Assault
- Self-defence or defence of another – protecting a person from harm that is imminent, arresting an offender with as little force as required
- Defence of property – Stopping a person who is damaging your property by restraining them
- Unlawful deprivation of liberty
- Prevent Trespass
TOPIC: ASSAULTS
What are a further five (5) defences to assault?
- Lawful chastisement – Smacking a child on the bottom as a punishment
- Lawful arrest – Restraining/detaining a person for an offence
- Medical examination – Medical practitioner performing internal examination of sexual assault victim
- Physical force when consented to – Sports, boxing
- Taking of blood samples (medical procedure) – Insertion of needles into the body to obtain the blood
TOPIC: SEXUAL ASSAULT
What is your response response to Sexual Assault
DRSPENIS
D - Duty Officer - Duty Officer /Supervisor to be immediately notified
R - Respond - Respond in respectful and supportive manner (Victim care is paramount) Treat with respect and dignity
S - Safety - Assessment VIC safety, consider support person/interpreter, consider medical attention if required (ambulance)
P - Privacy - Take into account comfortable private location and consider taking back to station if scene attended
E - Eat, Drink, Wash - Explain CS preservation if, advise not to eat, drink, smoke or shower as they are a crime scene. Explain purpose of forensic medical examination an role os sexual assault service SAS. Seize any property that may contain evidence.
N - Notebook - Record VIC details and all conversation had with VIC, record exact words used by VIC. Don’y question in length. Record observations on demeanour, intoxication and injuries. Identify if disclosed to anyone else, statement can be taken at a later date, record all actions taken at the scene.
I - Identify - Identify and preserve crime scene, Public place v CS warrant v Consent warrant determine if known to VIC, Circulate details of POI/Vehicle via VKG asap.
S - SAIK - SAIK, EEK, toxicology and sexual assault services available (Pamphlet). SITREP
TOPIC: SEXUAL ASSAULT
Name the aggravating circumstances of a sexual assault
Aggravated Sexual Assault - 61J Crimes Act 1900
ABDDUUCCTT
A - Inflicts ABH
B - Breaks and enters into Dwelling
D - Deprivation of liberty
D - Disability, VIC haddCognitive or physical impairment
U - Under authority
U - Under the age of 16
C - Company, Offender is in company
C - Corporal, Violence used
T - threatens ABH with an offence weapon
T - Threatens GBH/Wounding
TOPIC: SEXUAL ASSAULT
What is your response response to Sexual Assault of a child
DRSPENNIS
D - Duty Officer - Duty Officer /Supervisor to be immediately notified
R - Respond - Respond in respectful and supportive manner (Victim care is paramount) Treat with respect and dignity
S - Safety - Assessment VIC safety, Consider child safety, immediate health needs of child take precedence
P - Privacy - Take into account comfortable private location and consider taking back to station if scene attended
E - Eat, Drink, Wash - If took place in last 7 days, child needs to be examined. Explain to PR CS preservation, advise not to eat, drink, or shower as they are a crime scene. Identify primary/secondary CS.
N - Notebook - Record all conversation with PR away from child. Confirm why PR believes child has bee SA, record words said by child.
N - Notify - Notify Child Protection Hotline and CAS coordinator.
I - Identify - Identify and preserve crime scene, Public place v CS warrant v Consent warrant determine if known to VIC, Circulate details of POI/Vehicle via VKG asap.
S - SAIK - SAIK, EEK, toxicology and sexual assault services available (Pamphlet). SITREP
TOPIC: ROBBERY
You are the first investigator to arrive at the scene of an armed robbery. What is your initial response?
RRCA
RECEIVE REPORT - RESPOND - CRIME SCENE CONSIDERATIONS - AVENUES OF INQUIRY
RECEIVE REPORT
*Obtain all known information from VKG (number of offenders/direction/description)
RESPOND
* Consider OS
*One vehicle to scene, other to circulate
*Attend to injuries/Preserve life (Ambulance)
*Obtain info from scene and update VKG
CRIME SCENE CONSIDERATIONS
* Establish Crime Scene/ Mark inner and outer perimiter, consider secondary CS
*Inform DO/Supervisor and Detectives
*Consider CS warrant
*Crime scene guard/Log
*Identify and secure any areas requiring examination
*If shots fired, Ballistic Unit, secure spent cartridges, projectiles etc
* Make notes of anything altered by police in the CS
* Contact CS co-ordinator
AVENUES OF INQUIRY
* Identify Witness, Victims and seperate to avoid contamination
* CCTV Canvas - Locate and secure any relevant footage at the secene
* Further canvas of area for witnesses or CCTV
* Do not comment to Media (names or proceeds)
*Dissemination of any footage captured
* Identify if vehicle used, arrange EPDU (Emergency data packet upload to ANPR)
* Ensure forensic jobs booked on all exhibits, mark urgent if circumstances exist
* Inform SCC Robbery and serious Crime squad
*COPS/SITREP
TOPIC: ROBBERY
List the robbery offences from section 94-99 of the Crimes Act 1900
94 - Robbery or steal from the person
95 - Same but in circumstances of aggravation (Circumstances of aggravation - using corporal violence, intentionally or recklessly causes ABH, deprives their liberty)
96 - inflicts wounding/GBH
97 - Robbery etc or stopping mail, being armed or in company (offensive weapon, in company, Aggravating = Dangerous weapon)
98 - With arms etc and wounding
99 - Demand property with intent to steal
TOPIC: ROBBERY
List the circumstances of aggravation in a robbery
- Section 95 Crimes Act 1900
- Section 98 Crimes Act 1900
Must be immediately before, at the time of or immediately after the robbery
- Aggravated Robbery
*Use corporal violence
* Intentionally or recklessly inflict ABH
* Deprive any person of their liberty
2.Robbery etc or stopping mail, being armed or in company
*Armed with a dangerous weapon
TOPIC: ASSAULTS
POI hits VIC several times with the pole, screaming out “I’m going to bust you up good”. He succeeds and the VIC requires an operation in which several metal plates are inserted into the arm.
- What is the most appropriate offence?
- Is this deliberate/actual or reckless intent?
- Section 33 Crimes Act 1900 - Wounding with intent
- Deliberate as POI has stated his intent using his words and actions. Intent was actualised
TOPIC: ASSAULTS
You charge a POI with Section 33 Crimes Act 1900 - Wounding with intent, What happened if a jury is not satisfied that the intent was present but is satisfied that there was recklessness toward injury?
Section 33(3) allows for an alternate verdict.
TOPIC: SOURCE MANAGEMENT
List 5 conditions in the acknowledgement of conditions (AOC)
PRICE
P Prosecution - A registered source is not protected from prosecution If they commit an offence
R - Responsibility - The responsibility of NSWPF only extends to the acts by the source that are authorised by police
I - Identity - NSWPF will make every effort to protect the sources identity
C - Contact - restrictions upon sources contact with handlers had been explained
E - Employee - The source is not an employee of the NSWPF
TOPIC: SOURCE MANAGEMENT
What are the two (2) types of Human Source benefits NSWPF offer that may be motivators for a HS.
What are some adverse reasons a source might be motivated to register?
- Sustenance and Assistance
- Working expenses, letters of support, Affidavits of assistance (Provided to the court at sentence) - Monetary Rewards
- Determined by the REAC (Reward Evaluation Advisory Committee
- Provided if HS has made significant contribution
- Determined by risk HS has taken and investigative outcome of their information
Adverse motivators
- Revenge on another POI
- Remove competition
- Learn police methodology
TOPIC: SOURCE MANAGEMENT
You receive a Subpoena to produce documents. you should review them to consider whether a claim of Public Interest Immunity should be made to any part of the material.
What is Public Interest Immunity?, List some examples
Principal of law that enables courts to reconcile the conflict that arises between two public interest, being
- Interest for courts to have fullest access to relevant material and;
- The need to maintain confidentiality of info that could be damaging to public interest if disclosed
Examples
- Disclosure of an UCO
- Disclosure of a Civilian participant in a Controlled operation (HS)
Deal with national security
- Contain sensitive intelligence
- Disclose identity of a former police officer
- Disclose whereabouts of a witness
- Disclosure of police methodology, equipments or techniques
- Any information that may allow offenders to facilitate further offences and avoid detection
- Disclosure of human sources
- Material relating to an ongoing investigation
TOPIC: SOURCE MANAGEMENT
You registered a member of the public as a Human Source on the SOURCE system.
- In the NSWPF system, what would you automatically be assigned as?
- What are your initial responsibilities in this registration procedure?
- The handler of the source
- Upload AOC
- Record all contacts on SOURCE
- record all information known about the source
- Only record HS identity within identity tab
- ## Create a sanitised information report regarding the information provided by the HS
TOPIC: SOURCE MANAGEMENT
State five (5) means of protecting Human Source information?
No Funny Stories, Protect Privacy Numbers Always - NFSPPNA
N - No name, gender, or contact details
Never place the name of the HS, gender, or contact details in an email or written document.
F - Face-to-face or phone conversations
Face-to-face or telephone conversations should avoid mentioning the identity of an HS.
S - Sanitise reports
Sanitise COPS narratives/Information reports.
P - Protect against printing
Never print information from SOURCE.
P - Public Interest Immunity
Use Public Interest Immunity if asked to provide information regarding a source.
N - No sharing registration number
Never tell HS their registration number.
A - Always use registration number
Always use HS registration number to identify sources.
