Bullring - sample questions Flashcards
You are preparing an application for a search warrant. Some of the information forming the basis of the application has been provided to you by a registered source.
You want to protect this information from public record because you believe that its disclosure may compromise the investigation. What should you do?
Clause 13 of LEPRA requires that documents relating to search warrants be kept including any written application, a record relating to the application/warrant, a copy of the occupiers notice and a report on the execution including a copy of the receipt for any seized item.
To protect the information set out in Clause 13 an officer may make an application pursuant to Clause 14 LEPRA enables an authorised officer (clerk of the court) to, at any time, issue a certificate to the effect that the information is not to be made available.
Grounds to issue a clause 14 certificate include:
Information that may disclose a person’s identity, and
if that identity is disclosed that persons safety may be jeopardised, and
To prevent the application from being publicly accessed on the basis that it may seriously compromise the investigation of any matter
Section 36 of the Law Enforcement (Powers and Responsibilities) Act 2002 gives police the power to seize a “thing” during a vehicle search if the officer suspects the thing is connected with an offence.
What principles should police adopt when they want to seize a “thing”.
SUPPORT YOUR ANSWER WITH CASE LAW.
5 Principles when seizing a thing - Ghani V Jones (1970)
The Police officer must have reasonable grounds for believing that a serious offence has been committed.
The police officer Must have reasonable grounds for believing the article in question is the fruit of the crime or the instrument by which it was committed, or is material to prove the commission of the crime.
The officer must have reasonable grounds to believe that the person in possession of it has committed the crime, is implicated in it, or an accessory to it, or at any rate, refusal must be quite unreasonable.
The Police must not keep the article nor prevent its removal for any longer than is reasonable necessary to complete their investigation.
Lawfulness of the conduct of Police must be judged at the time and not by what happens afterwards
It is 3.00am and you are patrolling an industrial park area of a LAC. You observe a panel van driving down the roadway a short distance in front of them. You can only see the driver in the vehicle. Upon seeing police the driver immediately slows down to around 10km/h below the sign posted speed limit. Police conduct a vehicle check on the panel van; radio confirms that the vehicle is currently registered. There is one previous COPs entry that is three years old indicating that the vehicle was used in a ram raid in the city.
Ignoring any specific legal issues, prima facie what LEPRA power may allow police to stop, search and detain the vehicle and occupants AND why this power is relevant?
Section 36 of LEPRA Allows a police officer without warrant to stop, search, and detain a vehicle if the police officer suspects on reasonable grounds that the vehicle or occupants are connected with the commission of a relevant offence and allows police to seize any item that is connected with that relevant offence
(1) A police officer may, without a warrant, stop, search and detain a vehicle if the police officer suspects on reasonable grounds that any of the following circumstances exists:
The vehicle contains, or a person in the vehicle has in his or her possession or under his or her control, anything stolen or otherwise unlawfully obtained,
The vehicle is being, or was, or may have been, used in or in connection with the commission of a relevant offence,
The vehicle contains anything used or intended to be used in or in connection with the commission of a relevant offence,
The vehicle is in a public place or school and contains a dangerous article that is being, or was, or may have been, used in or in connection with the commission of a relevant offence,
The vehicle contains, or a person in the vehicle has in his or her possession or under his or her control, a prohibited plant or prohibited drug in contravention of the Drug Misuse and Trafficking Act 1985
Circumstances exist on or in the vicinity of a public place or school that are likely to give rise to a serious risk to public safety and that the exercise of the powers may lessen the risk.
Assuming the police acted only on the information provided in the previous scenario
What issues may arise (if any) concerning the vehicle stop? Explain your answer with reference to relevant case law and LEPRA
In regards to Section 36 of LEPRA, the officers involved must be able to justify a reasonable suspicion to suspect that circumstances in section 36 are met i.e. (a vehicle is connected with a relevant offence, contains items used in that offence, dangerous articles, stolen property, prohibited drugs, and circumstances that give rise to public safety).
Further to this, on the basis of Streat V Bauer and Streat v Blanco the police must have formed a genuine suspicion in their own mind (Subjective Test) of which a reasonable person armed with that same information would have come to that same suspicion (Objective Test).
“There must be some factual basis upon which the suspicion is formed; it cannot be merely speculative. If the view is too speculative it is not reasonable to hold the suspicion”
“A reasonable suspicion involves less than a reasonable belief but more than a possibility. There must be something which would create in the mind of a reasonable person apprehension or fear” That a thing specified in a requisite search power exists i.e. prohibited drug
Police are lawfully on premises and have established a crime scene without the consent of the occupier, and are waiting for a crime scene warrant to be issued.
What are crime scene powers that police can exercise straight away without a warrant?
Section 92(1) states that a police officer can exercise any of the powers pursuant to section 95 (1) (A)–(L) of LEPRA if is necessary to do so to preserve evidence of the commission of an offence for which the crime scene was established.
Section 95(1)(A-L):
Direct a person to leave the crime scene or remove a vehicle, vessel or aircraft from the scene,
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
Direct a person not to enter the crime scene
Prevent a person from entering the crime scene
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
Remove or cause to be removed an obstruction from the crime scene.
perform any necessary investigation, including, for example, search the crime scene and inspect anything in it to obtain evidence of the commission of an offence,
for the purpose of performing any necessary investigation, conduct any examination or process,
open anything at the crime scene that is locked,
take electricity, gas or any other utility, for use at the crime scene,
direct the occupier of the premises or a person apparently involved in the management or control of the premises to maintain a continuous supply of electricity at the premises,
photograph or otherwise record the crime scene and anything in it
Once a Crime Scene Warrant has been issued, what crime scene powers become available to police to investigate the crime scene?
Including powers listed in Section 95(1)(A-L) once a warrant has been authorised police can use all of the powers in section 95(1) including powers (m-p):
seize and detain all or part of a thing that might provide evidence of the commission of an offence,
dig up anything at the crime scene,
remove wall or ceiling linings or floors of a building, or panels of a vehicle,
any other function reasonably necessary or incidental to a function conferred by this subsection.
Where applicable, what considerations must police comply with when obtaining occupiers consent at a crime scene?
Explain your answer with reference to the relevant legislation
95(3) of LEPRA states that Nothing in this Part prevents a police officer who is lawfully on premises from exercising a crime scene power or doing any other thing, if the occupier of the premises consents. However, any such consent must, as far as is reasonably practicable, be in writing.
95(4) of LEPRA The occupier of premises may consent to the exercise of crime scene powers on the premises only if the occupier is, before giving consent, informed by a police officer of the following:
The crime scene powers proposed to be exercised on the premises
The reasons for exercising those powers,
The right of the occupier to refuse consent.
You are first on the scene at premises after responding to a call that a violent domestic was taking place. Upon entering the premises you find a women lying on the floor of the kitchen with a stab wound to the chest, you ascertain that she is deceased. You conduct a search of the premises and find that there is no one else in the house. A knife with blood on it is found in the hallway.
As the first officer on the scene what should you do to preserve the integrity of the crime scene for examination?
Assess any hazards and take appropriate action
Render or arrange first aid for anyone
Determine the nature and size of the scene
Think forensic. i.e. try not to contaminate any forensic evidence, namely possible DNA evidence
Determine an entry point for the crime scene; a point not used by the suspect
Remove all people through the entry point and record all witnesses particulars including, their driver’s license number where practical. This will help the linking process on COPS
Call a supervisor and or duty officer to coordinate control of the scene (scene coordinator)
Call Detectives to attend
Call investigations manager who will arrange the attendance of further investigators
Define the boundary of the scene with police crime scene tape (Consider inner and outer perimeters)
Protect any endangered physical evidence and record action in your notebook
Record any action which might have changed the crime scene eg: forced entry or moving objects
Guard and prevent entry to people, regardless of rank or status, who do not have a specific task to perform
Advise DOI, SOO or Local Area Commander of your call sign, name, location of scene control point and boundary position of scene tape
Record a log in your notebook, including rank, name, station time of entry and exit and reason for specific task for each person entering the crime scene until formally relieved
Provide senior investigating officer and crime scene investigator with all information before you leave
Obtain the signature of the senior investigating officer when you are relieved of recording duties.
Comply with Part 7 of LEPRA to obtain a Crime Scene Warrant when necessary.
You are first on the scene at premises after responding to a call that a violent domestic was taking place. Upon entering the premises you find a women lying on the floor of the kitchen with a stab wound to the chest, you ascertain that she is deceased. You conduct a search of the premises and find that there is no one else in the house. A knife with blood on it is found in the hallway.
As the first officer on the scene what should you do to preserve the integrity of the crime scene for examination?
Assess any hazards and take appropriate action
Render or arrange first aid for anyone
Determine the nature and size of the scene
Think forensic. i.e. try not to contaminate any forensic evidence, namely possible DNA evidence
Determine an entry point for the crime scene; a point not used by the suspect
Remove all people through the entry point and record all witnesses particulars including, their driver’s license number where practical. This will help the linking process on COPS
Call a supervisor and or duty officer to coordinate control of the scene (scene coordinator)
Call Detectives to attend
Call investigations manager who will arrange the attendance of further investigators
Define the boundary of the scene with police crime scene tape (Consider inner and outer perimeters)
Protect any endangered physical evidence and record action in your notebook
Record any action which might have changed the crime scene eg: forced entry or moving objects
Guard and prevent entry to people, regardless of rank or status, who do not have a specific task to perform
Advise DOI, SOO or Local Area Commander of your call sign, name, location of scene control point and boundary position of scene tape
Record a log in your notebook, including rank, name, station time of entry and exit and reason for specific task for each person entering the crime scene until formally relieved
Provide senior investigating officer and crime scene investigator with all information before you leave
Obtain the signature of the senior investigating officer when you are relieved of recording duties.
Comply with Part 7 of LEPRA to obtain a Crime Scene Warrant when necessary.
You attend premises in response to a request from a mobile supervisor in relation to a deceased person. On arrival you speak with a man who states that he arrived at the premises to take his brother to a local drug clinic but, on entering the bedroom, he had found his brother lying on the bed, apparently deceased. You go inside the premises, accompanied by the brother, and go to the bedroom in which the deceased is located. You recognise him as a known drug addict who appears to have died from accidental drug overdose.
Secure the scene; apply for a crime scene warrant/coronial warrant where necessary.
Check the body.
Call detectives (they are responsible for determining whether death is suspicious).
Arrange for a thorough crime scene/forensic examination to be carried out, including the attendance of a crime scene investigator to determine whether death was intentional or accidental.
Take possession of any drugs at scene.
Identify the body in the presence of a family member or other independent witness.
Record property description located on deceased in notebook or on Search Form.
Arrange for the Government Contractor to convey the body to the hospital.
Life to be pronounced extinct by Doctor/Ambulance, then to coroner’s morgue.
Obtain information for P79A.
Book up property EFIMS
Send Coroner P79A
Ensure deceased persons criminal history relating to drug matters is attached to original report of P79A.
What is the primary function of an Incident Scene Guard and what should be recorded on the Crime Scene log?
Crime Scene Logs are a key tool in preserving the crime scene and show transparency as to the continuity of the scene. Crime Scene Guards deny access to any personnel who do not have a specific and relevant role to perform within the scene perimeter
Recorded on the log should be:
Name of person entering
Time of entry
Time of Exit
Signature of the person entering
Reason for entering
You are the first investigator to arrive at the scene of an armed robbery at a local bank.
What steps should you take to ensure an appropriate investigative response?
Armed Robbery Standing Operating Procedures
Prior to arrival, obtain all known information (from Police Radio).
Use Officer Survival Skills on approach.
Request some police vehicles to attend the scene and others to circulate.
Attend to any injured persons/preserve life
Obtain initial information from the scene and circulate information via Police Radio.
Crime Scene Considerations
Establish crime scene. Refer to Crime Scene Unit (CSU) SOPs in the Investigators Guide to Physical Evidence.
Consider Crime Scene Warrant/s utilising LEPRA Powers/ Owners Consent.
Place guard at Crime Scene ensuring no unauthorised access.
Allocate an officer to commence and maintain a Crime Scene Log.
Identify any areas for crime scene examination. i.e. identify fingerprints, shoe/boot imprints, consider areas locating DNA, and secure as per SOPs.
Secure any demand notes for crime scene examination
In instances where shots are fired - inform Ballistics Unit. Secure spent cartridges, live cartridges or discharged projectiles.
Organise a search of an area in consultation with Crime Scene Examiner for exhibits i.e. Clothing; cigarettes, rope, stick tape etc, getaway vehicles.
Arrange Duty Officer or Supervisor to attend.
Arrange for Crime Scene/ FSG to attend.
Ensure that a fingerprint assessment is conducted by Crime Scene
Avenues of Inquiry and Considerations
Identify victim/s and witnesses and separate them to avoid contamination
Inquire and locate any surveillance camera/s and secure relevant footage.
Organise a canvas of the area for witnesses and possible surveillance footage
Do not comment to media regarding witness names, and make no comment at all concerning amount or property taken. Refer to Media Policy.
Contact and inform the Robbery & Serious Crime Squad and Metropolitan Robbery Unit as soon as possible.
Victims of Crime should be directed to Post Incident Traumatic Counseling. Remember it is very traumatic to victim - Victim Care is important.
You are the first investigator at the scene of a homicide.
Pending the arrival of experienced investigators, what is your responsibility with crime scene management and what actions would you take to achieve this?
Assess the scene to establish what has happened. Commence management of the crime scene by ensuring police have control.
In order to achieve this, police should:
Establish/identify personnel tasked with responsibilities.
Remove non-essential personnel from the crime scene.
Crime scenes cordon off using crime scene tape.
Inner, Outer Perimeters and Exclusion Zones are established.
Appropriate entry and exit routes have been established.
Appoint crime scene guards.
Commence and maintain crime scene logs.
Establish authority to hold the crime scene (Permission; S40 Coroners Act/ Coronial Warrant ).
Consider LEPRA Powers Section 88 to 95.
Consider application for a Crime Scene Warrant.
Exhibit preservation and security has been undertaken.
Consider natural elements like rain, dust, UV exposure, extreme temperature,
Become aware of media interest.
Consider appointing a Media Liaison Officer.
Consider a Canvass/Search if required.
Ensure relevant forensic and specialist resources attend.
Appoint Exhibit Officer to assist the Crime Scene Investigator.
Consider preservation of forensic evidence upon offender and witnesses.
Maintain communication with Command / Management.
A number of similar breaking offences have occurred in your LAC. Each offence is linked by the fact that garages have been targeted and golf clubs have been stolen.
You made inquiries with pawn brokers and as a result you found that a local criminal has sold nine sets of golf clubs to pawn shops in the last month. In the process of making those inquiries you see that same person carrying a set of golf clubs towards a pawn broker.
What would you do?
Stop the suspect and Introduce myself to them in accordance with Part 15 of LEPRA (Safeguards)
Inspect the property (Golf Clubs)
Question the suspect about the golf clubs and ask him where he got them, how much he paid for them etc.
Once reasonable suspicion is formed I would Search the suspect (IPE prior) – under section 21(1)(a) for property stolen or otherwise unlawfully obtained.
I would Seize the Goods under section 21(2)(a) LEPRA, and conduct an OBJENQ on those goods.
I would Arrest / caution the suspect for Goods in Custody. I would potentially Arrest for Break enter and Steal if admissions were made at the scene.
Considering the last scenario (golf clubs pawn shop etc), What issues should you consider regarding the goods in custody offence?
Suspicion is on the goods not the person.
Consider the Condition and value of the goods
Statute of Limitations is 6 Months for property or 2 Years for Motor vehicles
Consider the Existence of serial numbers, inscriptions, packaging and other identifying marks.
Consider and Investigate the Suspect’s explanation as to the acquisition of the property. The suspects behaviour is important to consider (Anderson v the Judges of the District Court)
Circumstances in which the accused is found with the property and how they obtained the property (where, when, how much, receipt, proof!).
Consider the Doctrine of Recent Possession
Consider offences akin to Goods in Custody – Receiving?
Note: Anderson v the Judges of the District Court explained that the prosecution must prove that it was reasonable to suspect that the property was stolen or otherwise unlawfully obtained based on the explanation of the suspect and the circumstances of the custody. There is also a need to particularise what type of custody is involved in this particular offence I.e. in his or her custody, custody of another, on premises, give custody to another not lawfully entitled. This must be specified.
Scenario Continued
A number of similar breaking offences have occurred in your LAC. Each offence is linked by the fact that garages have been targeted and golf clubs have been stolen.
You made inquiries with pawn brokers and as a result you found that a local criminal has sold nine sets of golf clubs to pawn shops in the last month. In the process of making those inquiries you see that same person carrying a set of golf clubs towards a pawn broker.
The golf clubs are engraved with a driver licence number. A check on this number reveals a report that indicates these clubs were stolen from a break and enter offence only one hour before the arrest.
What offence could you charge the suspect with and what legal principle would assist you in determining the charge?
I would arrest the suspect for the Break and Enter Commit SIO. I would do so taking into consideration the Doctrine of Recent Possession:
“A person, who is in possession of items (property) so soon after a stealing, or a break and enter, has taken place, that no other conclusion should be reached by the Court than that the person is the thief, breaker or the guilty receiver in the absence of any explanation”
Section 121 of Crimes Act 1900 should also be canvassed regarding alternative verdicts for Larceny or Receiving.
Considering the previous scenario, Is there anything further you would do regarding the other sets of golf clubs?
Review the incidents and identify similar features (modus operandi/ Tendency and Coincidence)
Identify if there is any evidence; eyewitness or forensic that may be used to link the suspect to previous offences
Interview the suspect in relation to each of the incidents.
Consider taking a forensic procedure to link to previous offences where material is available.
Consider other more appropriate offences which may include;
Break Enter & Steal,
Receiving, (s. 188 - receive/dispose/attempt to dispose of stolen property where stealing amounts to serious indictable offence)
Goods in Custody,
Obtain benefit by deception (when statute of limitations elapsed for goods in custody),
Furnish false / misleading particulars to a licensee (Pawnbrokers & Second Hand Dealers Act).
Timeframes and recency of possession, along with identifiable property will influence the decision on what offences to charge with.
Trevor and Barry have been watching the local RSL Club at Westmead for several days. For a fortnight they have been planning to break into the gaming area of the club outside of club trading hours and steal cash from the coin trays in the card machines. Trevor and Barry are sure that nobody will be inside the club when they break into the club.
On the evening of the job, Trevor and Barry force their way through the two glass doors and gain entry into the gaming area of the club. They immediately start to work on removing a coin tray from the first card machine. Barry starts to place coins from the card machine into a black bag.
What is the most appropriate offence that you would charge both Trevor and Barry with?
Section 112(2) Aggravated Break Enter & Commit Serious Indictable Offence
(Because they were in company)
All Circumstances of Aggravation are defined under S105A of the Crimes Act
In regards to Break and Enter Offences (S109-113)
Outline the circumstances of aggravation including specially aggravated circumstances as under Section 105A of the Crimes Act
Circumstances of aggravation
A - Armed - The alleged offender is armed with an offensive weapon, or instrument,
C - Company - The alleged offender is in the company of another person or persons
D - Deprive - The alleged offender deprives any person of his or her liberty,
C - Corporal - The alleged offender uses corporal violence on any person,
A - ABH - The alleged offender intentionally or recklessly inflicts actual bodily harm on any person,
K - Knows (home) - 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.
Circumstances of special aggravation
W - Wounds (intentional) - The alleged offender intentionally wounds or intentionally inflicts grievous bodily harm on any person
A - Armed (dangerous) - The alleged offender is armed with a dangerous weapon.
G - GBH (reckless) The alleged offender inflicts grievous bodily harm on any person and is reckless as to causing actual bodily harm to that or any other person,
Explain the “Doctrine of Recent Possession” and how it may be applied, provide an example.
If a defendant has in his possession goods which are proved to be stolen
And it is shown that his possession of them at the time was recent to their theft,
in the absence of a credible explanation by the defendant,
The court may come to the conclusion that he is either the thief of the same, or a guilty receiver.
MUST HAVE - IKKERS
I - Identity - the Identity of POI
K - Knowledge (possession) - POI had knowledge of the possession of the goods
K - Knowledge (nature) - POI had knowledge of the nature of the goods (i.e. stolen/unlawfully obtained/suspicous)
E - Explanation - NO CREDIBLE EXPLANATION as to how they possessed the good (explanations must be investigated)
R - Recency - recency of possession to time of theft (R V SMALE - no exact time frame, based on nature of goods/circumstances of case)
S - Stolen - goods are proven to be stolen
Example: During an Aggravated Robbery a Male POI runs from the scene and was described by the victim as wearing a unique piece of clothing. Police subsequently stop and search a male wearing said unique clothing and police locate the proceeds of the offence on his person. This occurs within minutes of the offence and the POI states “I just found the property on the floor”. Given the circumstances, and the POI’s explanation it is reasonable to presume the POI is the thief or guilty receiver.
You conduct a lawful search of a car as a result of your reasonable cause to suspect that stolen property is in the vehicle.
During the search you locate a DVD Player with the serial numbers ground off. You are able to determine through a COPS check that the DVD Player was stolen from a Break, Enter and Steal a month ago.
When questioned the driver states he ‘got it off a mate’ and he did not know it was stolen.
When conducting your questioning in relation to the Goods in Custody offence what should you keep in mind?
Attach suspicion to the goods and not the person.
Find out all you can about the property, its condition, its value, whether the serial numbers have been removed, is it still in its original packaging.
Question the person at length about the circumstances surrounding their acquisition of the property: where they obtained it, from whom, how much they paid for it, if they knew the seller, whether a receipt was issued, how much they think its worth.
Make a list of all grounds, which a reasonable person might suspect the property to be stolen or otherwise unlawfully obtained. Depending on the circumstances these might include, the person bought it in a hotel, the person bought it for a price well below the retail value, the property was bought from an unknown person or no receipt was provided, serial numbers have been removed.
Brainstorm appropriate questions with your colleagues prior to interviewing the suspect.
Ensure that your interview is a thorough one
You need to establish facts exist which would lead a reasonable person to believe the property is stolen or unlawfully obtained.
You need to prove the person was aware of the existence of those facts at time the property was in their custody.
What is the defence to a charge of Goods in Custody charge?
A person has a defence to a goods in custody charge if they can satisfy the court on the balance of probabilities:
They had no reasonable grounds for suspecting the property was stolen or unlawfully obtained
Do not wait until the case is before the court to deal with the defence; turn your mind to it at the time of questioning.
What is the Doctrine of Recent Possession?
The doctrine of Recent Possession is a legal doctrine that provides circumstantial evidence against an accused person who is proven to have, or have had possession of property which can be shown by evidence to have been stolen, and that possession is recent to the time of theft, and the offender fails to offer a credible explanation for their possession of the property, then a jury is entitled to draw the conclusion from the offenders unexplained possession of the goods that the person is either the thief or the guilty receiver.
Bruce v R (1987) 74 ALR 219
How do you satisfy the Doctrine of Recent Possession? (i.e. What must you prove)
I - The Identity of the offender is known
K - The offender had knowledge of possession of the goods
K - The offender had knowledge of the nature of the goods
E - The offender does not offer a credible explanation as to how they obtained the goods (any explanation must be tested)
R - The recency of possession (which is assessed case by case) (R V SMALE)
S - Goods were stolen
In regards to Recent to the theft, there is no specific time period that applies. However, officers should consider, the length of time, distance from location of theft, the uniqueness of the property, whether sufficient time had passed for the thief to dispose of the property, and any explanation offered by the accused.
A break, enter & steal is committed upon a house in your LAC. Proceeds of the offence are a TV, DVD Player, Surround Sound System and numerous Movie DVDs and Music CDs. A red Holden Commodore sedan with white mag wheels was seen by a neighbour leaving from the rear access lane near the house with 2 male occupants.
You observe and stop a car matching the description of the suspect vehicle half an hour after offence. Whilst questioning the driver you notice what appears to be a TV lying on the back seat of the car, partially covered by a blanket. You proceed to search the vehicle and locate the DVD player, surround sound system, five speakers and many DVDs & CDs in the boot of the car.
The driver of the car will not offer an explanation for how he came into possession of the goods or who the owner is. You can positively identify the goods were stolen from the break, enter & steal from a licence number engraved into the back of the TV, DVD and Surround System.
What would be the best course of action for this scenario?
Vehicle stop
Ipe - power to search - s.36
On finding tv - IPE - caution - question
On receiving no explanation and OBJENQ confirms - arrest (if can match description of both occupants)
I would seize the stolen goods under section 36(3)(a) of the Law Enforcement (Powers & Responsibilities) Act 2002.
I would arrest the occupants and interview them in relation to the Break Enter and Steal. I would subsequently charge the offenders with Aggravated Break and Enter Commit SIO under 112(2) of the Crimes Act 1900.
If forensic material was obtained from the scene, I would consider taking Forensic Procedures from the offenders to test against material obtained from the scene.
You arrest a person who has a large quantity of cash that you believe are the proceeds of crime. You decide to charge the person under section 193C of the Crimes Act 40/1900.
Cite five reasons why you would prefer a charge under this section, as opposed to a more conventional Charge of Goods In Custody 527(C)(1) of the Crimes Act 40/1900?
HOW MUCH CASH?:
s.1AA - 5 million plus - 8 years
s.1 - 100k to 5 million - 5 years
s.2 - up to 100k - 3 years
Reasons include:
This section requires a reasonable suspicion that the property is the proceeds of crime (The property is Substantially derived or realised, directly or indirectly by any person from the commission of an indictable offence).
There is a reverse onus on the defendant to prove as a defence that there were no reasonable grounds to suspect the property was substantially derived from offence against an act.
Proof of the defendants onus is based on the balance of probabilities
Gaol term is 3 years, as opposed to 6 months for Goods in Custody
The Fine is 10 times that of Goods in Custody ($5,500 vs $550)
There is a tracing provision (Doesn’t have to be the exact property derived from the offence) – including electronic funds, new cars, houses, items purchased as a result of the offence.
No need to specify the type of offence or location /jurisdiction
Offence works for property transferred electronically
You have been tasked with preparing an application for a search warrant.
What information should be included in the application?
NA - Name and authority (name and rank of police officer)
G - ground of application (includes; nature of searchable offence, must be DETAILED, RELEVANT, ACCURATE, intelligence must be TIMELY, must link THING to SEARCHABLE OFFENCE, offfence must be fully described, must provide grounds for believing there is/within 72 hours will be the THING related to the the SEARCHABLE offence at the PREMISE)
Information must be detailed and relevant.
Information must be accurate.
Intelligence should be timely.
Accurate description of the subject ‘thing’ and how it is connected with the alleged offence
The scope of the proposed search
Particular areas to be searched e.g. grounds, structures, internal, exterior, or entire curtilage
If subject ‘thing’ is secured in safes or the like.
AD - Address/description thereof
D - Description - particular thing (what and where)
D - Description - kind of thing (description)
P - PREVIOUS APPLICATION - details if there have been
A - ANY OTHER INFORMATION
What are the 13 Steps for any Search Warrant?
Complete Risk Assessment
Comply with Human Source Management Policy
Identify need for STR (Complete RA)
Prepare Operational Orders
Obtain Authority & Consult the PAC
Send Documents to STR
Brief Search Warrant Participants
Re- Brief the search warrant participants (If required)
Execute the Search Warrant
Participants to execute post warrant duties
Complete SITREP
Debrief the Search Warrant Participants
Complete COPS event with a search warrant incident.
STEPS 1 – 6 Not required in Urgent Circumstances
You have been appointed as the case officer to run the execution of the warrant.
What roles are performed when conducting a search warrant?
Roles Conducted during Search Warrants:
Case Officer
Independent Observer
Searching Officer
Exhibits Officer
Video Operator
Operation Commander
Entry Team Leader (STR)
Safety Check Officer
With respect to the execution of a search warrant, what is the role of the Case Officer?
Case Officer
Allocate roles to all personnel ensuring the roles are understood.
Create Operational Orders.
Ensure the all appropriate contingencies are considered
Conduct a Risk Assessment.
Identify and collect resources.
Generally - conduct briefing
‘Run’ the search warrant
Conduct a Review on all operations.
Generally the case officer is the Warrant Holder
With respect to the execution of a search warrant, what is the role of the Independent Officer?
Independent Observer
Must be a Substantive Sergeant or a person of equal experience.
Generally the Independent officer is a Duty Officer
Ensures fairness during warrant.
Is not connected to the investigation being conducted
Can act as a custody manager in the field where required
With respect to the execution of a search warrant, what is the role of the Searching Officer?
Searching Officer
Locate items of interest and leave them in situ for recording.
Maintain security and preserve the scene.
Ensure proper exhibit handling i.e. changing gloves on each item located
Conduct the role in an ethical and professional manner.
Have the ability to assume role of Case Officer should need arise
Have a systematic and methodical approach to the searching of the premises to ensure items are not missed.
With respect to the execution of a search warrant, what is the role of the Exhibits Officer?
Exhibits Officer
Ensure all necessary equipment is ready and available.
Accurately record the seizure of all exhibits and have those items endorsed by Independent officer.
Prepare a scene plan and record exhibit location position.
Ensure integrity of all exhibits by labelling, packaging & retaining them.
Ensure all exhibits have been photographed and video taped in situ.
Allow the occupier to view and sign the Exhibit Property Seizure Log. Provide them with a copy of the form.
With respect to the execution of a search warrant, what is the role of the Video Operator?
Video Operator
Ensure that each item is photographed/ filmed in situ as they are found.
Maintain the integrity of the recording so that there is a chain of continuity for all actions conducted by police.
Entry of Recordings as Exhibits
Ensure that the recording of the warrant is appropriately downloaded and preserved.
With respect to the execution of a search warrant, what is the role of the Operation Commander?
Operation Commander
Sergeant or Duty Officer
Must be available or present at the time of execution
Overseas the entire operation across all phases
Reviews and checks accuracy of operational orders and risk assessment.
With respect to the execution of a search warrant, what is the role of the STR Team Leader?
Entry Team Leader
To safely and tactically execute the operation in accordance with the approved operational orders.
To ensure the safety of the entry team members
To thoroughly brief and plan the entry method
To ensure the entry team are appropriately equipped for the entry.
With respect to the execution of a search warrant, what is the role of the Safety Check Officer?
Safety Check Officer
Safety Officer checks equipment required for the operation.
Ensures the appropriate personal protective equipment is available and used.
Ensure search warrant kits are complete with required items
Identifies any risks associated with the proposed task or Op Orders and take immediate action to address those risks where applicable.
As an investigator, you execute a search warrant and seize a number of exhibits.
What procedures need to be followed in relation to the exhibits from detection to disposal?
Ensure continuity of possession is maintained at all times.
Complete the Property Seizure Book / Field Exhibit Book (PAB52) as each item is located.
Photograph the exhibits (preferably in situ and prior to bagging)
Package and seal items separately, sign and label correctly.
Ensure the occupant signs the Property Seizure Book / Field Exhibit Book along with the independent officer.
Provide the occupant with a copy of the seizure log.
If further examination required ensure packaging labelled appropriately.
Have the exhibits booked into EFIMS and secured in the exhibit room.
Arrange forensic and other examinations as a priority.
Retain exhibits for court purposes, or return exhibit to owner or dispose at the earliest opportunity.
You attend the scene of a deceased elderly person at the request of the supervisor. The supervisor tells you the police found an elderly male deceased on the bed at the premises. No relative is present and no inquiries have been commenced. Upon further investigation you establish there are no suspicious circumstances. For non-suspicious circumstances police have certain actions and responsibilities for coronial matters.
What are the actions and responsibilities?
Do NOT assume the death is the result of natural causes until a doctor certifies it is.
Make inquiries with family, neighbours etc. to determine when last seen alive.
Notify Forensic Services Group (they will determine their attendance)
Arrange for government contractors to attend.
Search the body at the scene in the presence of the supervisor.
Search the premises for identification, medical prescriptions/medications and any personal valuables. Make detailed notes of the clothing of the deceased and the position of the body.
If possible organise for a family member or appropriate person to attend.
Make inquiries about the deceased’s doctor and whether that doctor has seen the deceased within the last 6 months and is willing to issue a Death Certificate (indicating the medical cause of death).
If a Doctor will issue a Death Certificate, then the body may be released to Funeral Directors. If NO Death Certificate will be issued, the body will always be admitted to the Morgue and the death reported to the Coroner.
Where possible hand over any valuables personal items to a family member or appropriate person. Record in your notebook, have the person sign as receipt.
Attend and arrange with government contractors to transport the deceased to a hospital or for a medical practitioner to pronounce life extinct.
Obtain a Certificate Pronouncing Life Extinct.
Take any items from the deceased and complete an entry in your notebook.
Complete a COPS entry and P79A Form
Return to the police station and enter any property or exhibits into EFIMS.
If the deceased relative/next of kin resides in your LAC, attend the residence to deliver the death message. If not organise other police to attend.
Enquire if the relative/next of kin wishes to identify the deceased. Make arrangements or advise the morgue of their wishes.
Organise for the relative/next of kin to attend to the police station to collect and sign for the property.
You are an investigator on duty when a death is reported.
What categories of deaths require a Mandatory Notification to the Coroner?
Mandatory Notification to the Coroner required for a death in NSW which occurs:
Violently or unnaturally.
Suddenly, cause unknown.
In suspicious or unusual circumstances.
Where no cause of death certificate is issued.
Six months since doctor has seen the deceased.
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
While in police or other lawful custody.
While escaping or trying to escape from police or lawful custody
During the course of police operations.
While in, or temporarily absent from, one of the following; a hospital; a residential child care centre; a detention centre; a prison; a residential centre for handicapped persons.
What powers are available to police within the Coroners Act in terms of examining crime scenes?
Where police have applied for a Coronial Investigation Scene Order under Section 40, police can exercise the powers conferred in Section 43
direct a person to leave the coronial investigation scene or remove a vehicle, vessel or aircraft from the coronial investigation scene,
remove from the coronial investigation scene a person who fails to comply with a direction to leave the coronial investigation scene or a vehicle, vessel or aircraft a person fails to remove from the coronial investigation scene,
direct a person not to enter the coronial investigation scene,
prevent a person from entering a coronial investigation scene,
prevent a person from removing evidence from, or otherwise interfering with, the coronial investigation scene or anything in it and, for that purpose, detain and search the person,
remove or cause to be removed an obstruction from the coronial investigation scene,
perform any necessary investigation, including, for example, search the coronial investigation scene and inspect anything in it to obtain evidence in relation to the inquest or inquiry,
for the purpose of performing any necessary investigation, conduct any examination or process,
open anything at the coronial investigation scene that is locked,
take electricity, gas or any other utility, for use at the coronial investigation scene,
direct the occupier of the place or a person apparently involved in the management or control of the place to maintain a continuous supply of electricity at the place,
photograph or otherwise record the coronial investigation scene and anything in it,
seize and detain all or part of a thing that might provide evidence in relation to the inquest or inquiry or provide evidence of the commission of an offence,
dig up anything at the coronial investigation scene,
remove wall or ceiling linings or floors of a building, or panels of a vehicle,
take possession of the remains of a deceased person on behalf of the coroner, including body tissue, clothing and items apparently in the possession of the deceased person,
remove or cause the removal of the remains of a deceased person to any location nominated by the coroner,
any other function reasonably necessary or incidental to a function conferred by this section.
There are a number of defences to an allegation of assault.
Explain them with an example of each
BASHMACK
B – Taking blood samples/forensic procedures etc
A – Lawful arrest, execution of physical force (S.99 LEPRA)
S – Self-defence and defence of family (S.418 Crimes Act 1900)
H – Defence of home or property (S.418 Crimes Act 1900)
S – Sports permissible within the rules of the game (Assaults that are either authorized, justified or excused by law)
M – Medical procedure; with consent (SAIK, surgery), without consent (exam of persons in custody (S.138 LEPRA)
A – Accidental use of physical force
C – When consented to (except when it causes ABH or GBH)
K – Lawful chastisement/ lawful correction (S.61AA Crimes Act 1900)
A male arms himself with a baseball bat and approaches a person on the street. The male knows this person and has hated him for years. He hits him several times with the baseball bat, screaming out ‘I’m going to bust you up bad’. He succeeds and the victim requires an operation in which several metal plates are inserted into his arm.
What is the most appropriate offence with which to charge the offender? Is this deliberate/actual or a reckless intent?
The correct offence would be Wounding or Grievous Bodily Harm with intent (Section 33, Crimes Act 1900)
Note: For a Section 33 offence, intent can only be actual/deliberate.
In this scenario, he has clearly done more then merely contemplated the GBH (evident by number of strikes and his words spoken).
Despite this, Subsection 33(3) outlines the Alternative verdict If on the trial of a person charged with an offence against this section the jury is not satisfied that the offence is proven but is satisfied that the person has committed an offence against section 35 (Reckless Wounding), the jury may acquit the person of the offence charged and find the person guilty of an offence against section 35.
The only difference is that instead of intentionally causing GBH, the person causes GBH by being reckless as to ABH.
You are requested to investigate a break, enter and steal offence where a 12 year old male has been arrested coming from a premises with a DVD player, the proceeds of the offence.
The male has been brought to the police station and a short time later his mother attends the police station. An ERISP interview takes place and you are the lead interviewer. Due to the age of (12 years) the issue of Doli Incapax is in play.
What is Doli Incapax?
Section 5 of the Children (Criminal Proceedings) Act 1987 provides for an irrebuttable presumption a child under the age of 10 years cannot commit a criminal offence.
From the age of 10 to 14 years the common law provides for a rebuttable presumption that a child cannot possess the knowledge to have a mens rea i.e., the intent necessary for a criminal offence. The presumption is known as doli incapax.
Note that, in relation to children aged between 10 and 14 years, doli incapax is a rebuttable presumption, meaning a child aged between 10 and 14 years can be guilty of a criminal offence upon proof beyond reasonable doubt that, at the time the child committed the offence alleged, they knew that what they were doing was seriously wrong (as opposed to merely mischievous or naughty).
RP V QUEEN 2016 (MOST RECENT)
