Bullring Memory Flashcards
What can a Crime Scene Warrant be applied for?
(a) a serious indictable offence, or
(b) an offence that is being, or was, or may have been, committed in connection with a traffic accident that has resulted in the death of or serious injury to a person.
Circumstances of Aggravation for Sexual Touching/Sexual Act
CCAP
(a) the accused person is in the company of another person or persons, or
(b) the complainant is (whether generally or at the time of the commission of the offence) under the authority of the accused person, or
(c) the complainant has a serious physical disability, or
(d) the complainant has a cognitive impairment.
Aggravating Circumstacne of Robbery
CAD
(a) the alleged offender uses corporal violence on any person,
(b) the alleged offender intentionally or recklessly inflicts actual bodily harm on any person,
(c) the alleged offender deprives any person of his or her liberty.
List five conditions items in the Acknowledgement of Conditions Form to be signed by sources
My relationship with the NSW Police Force is the gathering of information will not protect me from the prosection if the commit an unlawful act.
The responsibility of the NSW Police Force extended only to the acts by me which are expressly authorised by the poilice.
I am aware that the NSW Police Force will make every effort to protect my identity as a Source during the course of Court Proceedings, however I understand the court may exercise dirscretion and disclose my identity.
That as a Source i am not an agent or employee of the NSW Police Force.
The restrictions placed upon my contact with the authorised handler or officers have been explained to me.
What is a “reportable death’ and where is it definded?
Section 6 Coroners Act
(1) For the purposes of this Act, a person’s death is a
“reportable death” if the death occurs in any of the following circumstances–
(a) the person died a violent or unnatural death,
(b) the person died a sudden death the cause of which is unknown,
(c) the person died under suspicious or unusual circumstances,
(e) the person died in circumstances where the person’s death was not the reasonably expected outcome of a health-related procedure carried out in relation to the person,
(f) the person died while in or temporarily absent from a declared mental health facility within the meaning of the Mental Health Act 2007 and while the person was a patient at the facility for the purpose of receiving care, treatment or assistance under the Mental Health Act 2007 or the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 .
What is LEPRA section 99(1)(b)
FINECHAPS
F- to stop the person fleeing from a police officer or from the location of the offence
I - to enable inquiries to be made to establish the person’s identity if it cannot be readily established or if the police officer suspects on reasonable grounds that identity information provided is false
N - because of the nature and seriousness of the offence
E - to preserve evidence of the offence or prevent the fabrication of evidence
C - to ensure that the person appears before a court in relation to the offence,
H - to prevent the harassment of, or interference with, any person who may give evidence in relation to the offence
A - to stop the person committing or repeating the offence or committing another offence
P - to obtain property in the possession of the person that is connected with the offence
S - to protect the safety or welfare of any person (including the person arrested)
What case law defines “Reckless” in respect to Reckless GBH?
What 2 part test should be applied?
Blackwell v. R (2011)
In order to be reckless it must be shown that the accused:
1) Actually turned their mind to possibility that the relevant action may cause GBH and,
2) Did the act anyway
Crime Scene Powers under S95 (W/WARRANT)
M-P
RADS
m) seize and detain all or part of a thing that might provide evidence of the commission of an offence,
(n) dig up anything at the crime scene,
(o) remove wall or ceiling linings or floors of a building, or panels of a vehicle,
(p) any other function reasonably necessary or incidental to a function conferred by this subsection.
What are the operation names for a Land search and a Marine seach
LandSAR (Rescue and Bomb Squad)
MarineSAR (Marine Area Command)
Aggrivating Circumstance Break and Enter
(a) the alleged offender is armed with an offensive weapon, or instrument,
(b) the alleged offender is in the company of another person or persons,
(c) the alleged offender uses corporal violence on any person,
(d) the alleged offender intentionally or recklessly inflicts actual bodily harm on any person,
(e) the alleged offender deprives any person of his or her liberty,
(f) the alleged offender knows that there is a person, or that there are persons, in the place where the offence is alleged to be committed.
What are the elements of the “Doctrine of Recent Possession
- The property is stolen.
- The accused had possession of the property.
- The possession was recent to the actual theft.
- There is no credible expanation consistent with te accused’ innocence.
What are the defences to common assault
Lawfull correction / chastisement - smacking a child on the bootom so as to not leave a mark, that causes short term discomfort, not using an object and not to the head or neck.
Self defence or self defence of another - protecting a person from harm that is imminent i.e. subduing an assault offender with no more force than necessary.
Defenece of property - stop a person damaging proprty by restraining the person.
Lawfull arrest - Restrainin/detaining a person for an offence.
Medical examination - Medical Practitioner conducting internal examination on sexual assault victim.
Taking of blood samples (medical procedure) - insertion of needles into body to obtain blood
Physical force when consented to - contact sport
SAIK Time Frames and Considerations
Generally 72 Hours
- Showers
- Eat + Drink or Smoking
- Change of Clothing
What is a searchable offence?
(a) means any of the following—
(i) an indictable offence,
(ii) a firearms or prohibited weapons offence,
(iii) a narcotics offence,
(iv) a child abuse material offence,
(v) an offence involving a thing being stolen or otherwise unlawfully obtained,
(vi) a computer offence, and
(b) if the warrant is a covert search warrant—means a serious offence, and
(c) if the warrant is a criminal organisation search warrant—means an organised crime offence.
Cirumstance of Aggravation for Sexual intercouse / Sexual Act - Child between 10 and 16
(a) at the time of, or immediately before or after, the commission of the offence, the accused person intentionally or recklessly inflicts actual bodily harm on the complainant or any other person who is present or nearby, or
(b) at the time of, or immediately before or after, the commission of the offence, the accused person threatens to inflict actual bodily harm on the complainant or any other person who is present or nearby by means of an offensive weapon or instrument, or
(c) the accused person is in the company of another person or persons, or
(d) the complainant is (whether generally or at the time of the commission of the offence) under the authority of the accused person, or
(e) the complainant has a serious physical disability, or
(f) the complainant has a cognitive impairment, or
(g) the accused person took advantage of the complainant being under the influence of alcohol or a drug in order to commit the offence
(h) the accused person deprives the complainant of his or her liberty for a period before or after the commission of the offence, or
(i) the accused person breaks and enters into any dwelling-house or other building with the intention of committing the offence or any other serious indictable offence.
