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Pre Req - Mocks > Aug 2014 > Flashcards

Aug 2014 Flashcards

1
Q

LIABILITIES

Wounding with Intent

A 
Wounding with intent
Section 188(1) 14years 
1.  With intent to cause GBH
2.  To anyone 
3.  Wounds OR Maims OR Disfigures OR Causes GBH 
4.  To any person 
-------------------------------
Wounding with intent to injure
Section 188(2)
  1. With intent to injure
  2. Anyone OR with reckless disregard for the safety of others
  3. Wounds OR Maims OR Disfigures OR Causes GBH
  4. To any person
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2
Q

Assault with intent to Rob

A

.

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3
Q

Abduction

A

Abduction Section
Section 208(a)(b)(c) CA61
14yrs

  1. Unlawfully
  2. Takes away or detains
  3. A person
  4. Without their consent OR with their consent obtained by duress or fraud
  5. With intent to:
    (a) Marry him or her OR
    (b) Have sexual connection with her or her OR
    (c) Cause him or her to be married OR have sexual connection with some other person
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4
Q

Possession for Supply

A

..

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5
Q

Aggravated Robbery

A

Agg Robbery Sect 235(a) 14yrs

  1. Robs
  2. Any person
  3. At the time of
    OR Immediately before OR
    Immediately after
  4. Causes GBH
  5. ## To any personAggravated Robbery Sect 235(b) 14yrs
  6. Being together with any other person/s
  7. Robs
  8. ## Any personAggravated Robbery Sect 235(c) 14yrs
  9. Being armed with any offensive weapon OR
    Instrument OR
    Anything appearing to be an offensive weapon or instrument
  10. Robs
  11. Any person
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6
Q

Receiving

A 
Receiving 
Section 247
Property > $1000 = 7yrs
Property $500-$1000 = 1yr
Property <$500 = 3 mths
  1. Receives
  2. Any property stolen OR obtained by any offence
  3. Knowing the property to have been stolen or so obtained by any offence OR being RECKLESS as to whether or not the property had been stolen or so obtained
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7
Q

Obtain by Deception

A 
Deception Sect 240(1(a) 7yrs/1year/3mths
1. By any deception 
2.  Any without claim of right
3.  Obtains possession or control over
4.  Any property OR Privilege OR Service OR Pecuniary Advantage OR Benefit OR Valuable consideration 
------------------------------
Section 240(1)(b)
1.  By any deception 
2.  And without claim of right 
3.  In incurring any debt OR Liability
4.  Obtains Credit
-----------------------------
Section 240(c)
1.  By any deception 
2.  And without claim of right 
3.  induces or causes any other person to 
4.  deliver over, execute, make, accept, endorse, destroy, or alter 
5.  Any document or thing capable of being used to derive a pecuniary advantage
---------------------------------
Section 240(d)
1.  By any deception 
2.  And without claim of right 
3.  causes loss 
4.  to any other person
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8
Q

Arson

A

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

  1. Intentionally or recklessly
  2. Damages by fire or by means of any explosive
  3. Any property
  4. If he or she knows or ought to know that danger to life is likely to ensue
    **********
    Arson
    Section 267(1)(b) Crimes Act 1961
    14yrs
  5. Intentionally or recklessly
  6. Without Claim of right
  7. Damages by fire or by means of any explosive
  8. Any immovable property, Vehicle, Ship or Aircraft - VISA
  9. In which that person has no interest
    **********
    Arson
    Section 267(1)(c) Crimes Act 1961
    14yrs
  10. Intentionally
  11. Damages by fire or by means of any explosive
  12. Any immovable property, or Vehicle, Ship or Aircraft
  13. With intent to obtain
  14. Any benefit, or to cause loss
  15. To any other person
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9
Q

PRACTICAL

O/C Body

A

The O/C Body MUST
(MCR)

MAINTAIN custody and security of the body, sample and exhibits
COMPLETE the sudden death procedures
REMAIN with the body and accompany it to the mortuary

The O/C Body MUST FIND OUT……….

The body has been moved or disturbed
The body has been identified
The death has been certified

BEFORE MOVING THE BODY
SLAPP

SKETCH plan is prepared and notes have been taking recording:
LIVIDITY, if any and the extent of rigor mortis
AUTHORITY from OC Investigation to move the body
POSITION of the body, the limbs, bodys appearance, wounds and clothing
PHOTOGRAPHED - scene
POSITION of the body has been outlined with chalk, crayon or some other material.

If the body was disturbed…….
Do not attempt to restore the scene to its original condition
Make enquiries to enbale original scene to be reconstructed and photo later if necessary

Arrange for……….(MINC)
MEDICAL History to be obtained for the pathologist
IDENTIFY the body - a suitable person to ID body
NEXT of Kin to be informed
CERTIFY - A doctor to certify the death, if this has not been done

SEARCHING AND MOVING THE BODY

Accompany the O/C Investigation, Scene and necessary specialist staff during the prelim exam of the body to preserve any evidence that may be lost when the body is moved

TO ENSURE THAT NO EVIDENCE IS LOST….(CEC)

COVER hands and feet with plastic bags, wrap body in a plastic sheet and place in a body bag
ENSURE clothing on the body is not contaminated through contact with foreign objects
CAREFULLY search under the body

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10
Q

O/C Area Canvas

A

KEY POINTS FOR TEAM BRIEFINGS

  1. SUMMARISE the situation and detail the duties and areas of responsibility of each canvass team member
  2. THOROUGHNESS - Emphasise the need for THOROUGHNESS and that EVERY PERSON in every household and visitors must be seen personally.
  3. GUIDE - Stress that the questionnaire is ONLY A GUIDE to ensure the questions are asked, but should be regarded as flexible in that information supplied could lead to other questions.
  4. FWS - Advise that evidence of possible probative value must be obtained in a formal written statement rather than notebook form. Note: The questionnaire must be endorsed, if a statement is taken.
  5. VISITING - Consider visiting the canvass area to record every address including flats and vacant sections and then reconcile these premises with the map.
  6. COMPLETED - Ensure all forms are completed, and actioned as outlined.
  7. COMPLETED - Reconcile completed locations with the master copy to avoid duplication.
  8. Advise staff on:
    - what ACTION to take if they believe they have IDENTIFIED the suspect
  • what action to take if they locate ITEMS of EVIDENTIAL value
  • what action to take if individuals REFUSE to assist
  • how to complete the CORRESPONDENCE flow
  • what INFO can be DISCLOSED during the area canvass (i.e. information in media releases or otherwise already in the public domain)
  • what information MUST NOT BE DISCLOSED.
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11
Q

Explain Section 215 - CYFS 1989

A

Before:

  • QUESTIONING any child or young person whom there are RGTS of having committed an offence, or
  • ASKING asking any child or young person any QUESTION INTENDED TO OBTAIN AN ADMISSION of an offence, explain to that child or young person—

(a) The enforcement officer would have power to arrest the CYP without warrant, that the child or young person MAY BE ARRESTED if, by REFUSING to give his or her name and address to the enforcement officer, the child or young person CANNOT BE SERVED WITH A SUMMONS and
(b) That the CYP is NOT OBLIGED to accompany the enforcement officer to any place for the purpose of being questioned, and that if the CYP consents to do so, that he or she may WITHDRAW that consent at any time; and
(c) That the CYP is under no obligation to make or give any statement; and
(d) That if the CYP consents to make or give a statement, the child or young person may withdraw that consent at any time; and
(e) That any statement made or given MAY BE USED IN EVIDENCE in any proceedings; and
(f) That the CYP is entitled to CONSULT WITH, and MAKE or GIVE ANY STATEMENT in the presence of, a BARRISTER or SOLICITOR and any person NOMINATED by the child or young person in accordance with section 222 of this Act.

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12
Q

Explain Section 222 - CYFS 1989

A
  1. A solicitor
  2. A parent or guardian
  3. A person the juvenile has nominated
  4. An adult member of the family or whanau
  5. Any other adult, not being an enforcement officer
  6. A person, who is not an enforcement officer, who has been nominated by you when the CYF has refused to nominate anyone.
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13
Q

Explain the Joint Investigation Plans? What needs to be considered/discussed?

A

..Joint Investigation Plans must agree to:
· who is involved in the case
· what they will do
· when they will do it

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14
Q

Explain the Appreciation process.

A

An appreciation is a proven method of problem solving. It is an ongoing process which involves continually thinking through each new piece of information as it is uncovered

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15
Q

SHORT ANSWERS

Explain the definition of a Public Place and house under Search and Surveillance act.

A

.

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16
Q

SHORT ANSWERS

Explain the CYFS Rights.

A

Sect 214(1)

(a) That it is necessary to arrest that CYF for the purpose of:
i. Ensuring the appearance of the CYF before the court
ii. Preventing the CYF from committing further offences OR
iii. Preventing the loss or destruction of evidence relating to an offence committed by the CYF or an offence the CYF has reasonable suspect of having committing an offence
iv. Preventing interference with any witness AND

(b) Where the CYF may be proceeded against by way of summons, that proceeding by way of summons would not achieve that purpose.

Sect 214(1) you can arrest ONLY when proceeding by summons would not achieve the purposes

Sect 214(2)
2. Can arrest where
RGTS the CYF has committed a purely indictable offence AND Police believe on RG that it is required in the public interest.
17
Q

Explain Section 58(1) - Evidence Act in relation to occupation and address

A

Privacy as to witness’s precise address

(1) In any proceeding, the PRECISE PARTICULARS OF A WITNESS’s ADDRESS MAY NOT, without the permission of the Judge, be —
(a) the SUBJECT OF ANY QUESTION TO A WITNESS or INCLUDED in any evidence given; or
(b) INCLUDED IN ANY STATEMENT OR REMARK made by a witness, lawyer, officer of the court, or any other person.
(2) The JUDGE MUST NOT grant permission under subsection

(1) UNLESS SATISFIED that the question to be put, the evidence to be given, or the statement or remark to be made, IS OF SUFFICIENT DIRECT RELEVANCE TO THE FACTS IN ISSUE that to exclude it would be contrary to the interests of justice
**********8
Restriction on disclosure of complainant’s occupation in sexual cases

(1) In a sexual case, except with the permission of the Judge,—
(a) NO QUESTION MAY BE PUT TO THE COMPLAINANT OR ANY OTHER WITNESS, and NO EVIDENCE may be given, concerning the complainant’s OCCUPATION; and
(b) NO STATEMENT OR REMARK MAY BE MADE IN COURT by a witness, lawyer, officer of the court, or any other person involved in the proceeding concerning the complainant’s occupation.
(2) The Judge must not grant permission under subsection
(1) UNLESS SATISFIED that the question to be put, the evidence to be given, or the statement or remark to be made, IS OF SUFFICIENT DIRECT RELEVANCE TO THE FACTS IN ISSUE that to exclude it WOULD BE CONTRARY TO THE INTERESTS OF JUSTICE

18
Q

Explain Involuntary Manslaughter

A

VOLUNTARY MANSLAUGGHTER
Mitigating circumstances, such as a suicide pact, reduce what would
otherwise be murder to manslaughter, even though the defendant may have
intended to kill or cause grievous bodily harm.

19
Q

Homicide - What is ‘Child’ definition - Section 159

A

159 Killing of a child
(1) A child becomes a human being within the meaning of this Act when it has completely
proceeded in a living state from the body of its mother, whether it has breathed or not,
whether it has an independent circulation or not, and whether the navel string is
severed or not.

20
Q

Explain Culpable Homicide

A

Culpable homicide - Section 160

(1) Homicide may be either culpable or not culpable.
(2) Homicide is culpable when it consists in the killing of any person—

(a) By an unlawful act; or
(b) By an omission without lawful excuse to perform or observe any legal duty; or
(c) By both combined; or
(d) By causing that person by threats or fear of violence, or by deception, to do an act which causes his death; or
(e) By wilfully frightening a child under the age of 16 years or a sick person

21
Q

Explain Suicide Pact

A 
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.

For example if
Person A and Person B enter a suicide pact, and Person A shoots Person B, killing Person B, before shooting themselves, but Person A lives, then Person A would be guilty of manslaughter, and not murder.

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

22
Q

Explain Legal Duty

A

imposed by statute are mainly common law duties that have been
embodied in statute. The Crimes Act 1961 defines duties to:

  • provide the necessaries and protect from injury (s151)
  • provide necessaries and protect from injury to your charges when you are
    a parent or guardian (s152)
  • provide necessaries as an employer (s153)
  • use reasonable knowledge and skill when performing dangerous acts, such
    as surgery (s155)
  • take precautions when in charge of dangerous things, such as machinery
    (s156)
  • avoid omissions that will endanger life (s157)
23
Q

R v Horry

A

R v Horry [1952] NZLR 111, 123
Death should be provable by such circumstances as render it morally certain and leave no ground for reasonable doubt – that the circumstantial evidence should be
so cogent and compelling as to convince a jury that upon no rational hypothesis
other than murder can the facts be accounted for.

24
Q

What is the definition of ‘Claim of right’ and Case Law

A

..

25
Q

What is the Presumption of Possession - MODA

A

Section 6(6) of the Misuse of Drugs Act 1975 creates a presumption of law that if a person has possession of a specified amount of any drug, that person will be presumed to have that drug for one of the purposes set out in s6(1)(c), (d) or (d), unless they can prove otherwise.

The presumption that the drug is for sale or supply may be rebutted if the person is able to prove, on the balance of probabilities, that they did not intend to commit a ‘dealing’ offence, notwithstanding the amount. For example, the defence may argue that the suspect was heavily addicted and required large amounts for personal use.

26
Q

R v Harpur

A

In a sex case, R v Harpur, the defendant was involved in a series of text messages with a woman in which he described, in explicit detail, sexual acts that he wanted to perform on the woman’s 4-year-old niece.

He arranged for the girl to be brought to him for that purpose, however when he turned up at the agreed time and place he found that the girl did not in fact exist, and the arrangements were part of a ‘sting’ operation by Police.

Harpur was charged with attempted sexual violation of the mythical girl, as well as numerous sexual offences relating to other children.

In concluding that Harpur’s conduct was sufficiently proximate to the full offence, the Court of Appeal held that his actions need not be considered in isolation; sufficient evidence of his intent was available from the events leading up to that point.

R v HARPUR

[The Court may]”have regard to the conduct viewed cumulatively up to the point when the conduct in question stops … the defendant’s conduct [may] be considered in its entirety. Considering how much remains to be done … is always relevant, though not determinative.”

27
Q

PRACTICALS ASA -

What is the procedure AFTER medical exam (debrief)

A
  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.
28
Q

ASA

What is the process after the prelim interview.

A

Re-ass and consider what further investigative procedures are appropriate…..

  • PUBLIC SAFETY - likelihood of a similar/connected further offending
  • SECURE/preserve fragile or diminishing evidence
  • SECURE/contain Crime Scene
  • IDENTIFY/locate witnesses
  • DETECTING/apprehending suspects
    ***************
  • Consider whether a recent photograph of the victim is necessary for evidential
    purposes
  • If Police require the victim’s clothing for examination, ensure a suitable
    change of clothing
  • Regardless of whether further investigative actions are to be taken or a formal complaint made, ensure the victim is advised of the specialist services
    available to them,
29
Q

O/C Scene

What are the ‘Objectives of a 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

30
Q

O/C Scene

What should a Crime Scene Examination cover?

A

..

31
Q

CHIS

Explain the payment of CHIS

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

32
Q

What is the O/C Witnesses responsibilities?

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.

33
Q

Explain Search and Surveillance Act - Section 17 and 45

A

Warrantless entry and search of VEHICLE for evidential material relating to certain offences

A constable may, without a warrant, enter and search a vehicle that is in a public place:

  1. If the constable has RGTB
  2. EVIDENTIAL MATERIAL relating to an offence punishable by imprisonment for a term of 14 years or more
  3. Is in or on the vehicle
    *******
    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
.

34
Q

O/C BODY

What are the duties when stripping body?

A

STRIPPING THE BODY
1. The body must ONLY be stripped in the PRESENCE of the pathologist.

  1. REMOVE the body from the secure mortuary fridge and assist mortuary staff to take the body into the post-mortem examination room.
  2. REMOVE the body from the body bag, causing MINIMAL DISTURBANCE disturbance to the body.
  3. EXHIBITS - Take possession of the body bag and any sheets or wrappings used to transport the body, as exhibits.
  4. 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.
  5. 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
35
Q

DISCLOSURE

Sub Section 3

A

.

36
Q

What do they discuss in a Joint Investigation Plan?

A

.Joint Investigation Plans must agree to:
· who is involved in the case
· what they will do
· when they will do it

37
Q

What are the responsibilities of O/C Exhibits?

A

.PREPERED RCS

The role of the O.C Exhibits is flexible. In a routine investigation they may be responsible for locating, uplifting and labelling the exhibits.

PRODUCING the relevant exhibits in court

RECEIVING the exhibits

ENSURING they are labelled by finder and accompanied by a POL 268

PREPARING the exhibits for production in court

ENSURING that exhibits are uniquely numbered

RECORDING all exhibit movements

ENSURING that the continuity of evidence is maintained

DELIVERING the exhibits for examination or analysis

RECORDING the exhibits in the Exhibit register

CONSULTING with the 2IC on the relevance of exhibits and indicating any further enquiries for production in court.

SECURING the exhibits

38
Q

Explain the CHIS management.

A

.

39
Q

Who can be present in Court?

A

.

Pre Req - Mocks (4 decks)

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