Chapter 1 - FV Case Law Flashcards
Senior vs Police (2013) NZHC 356
Senior is respondent of a PO and split from former partner. Went on his facebook and posted about his former partner. Although she was not a FB friend of S she was able to read the abuse in the company of her niece who was a FB friend with S. S was charged (intimidation/harassment PO breach) but appealed he was not FB friends with applicant.
Senior vs Police - On what grounds did the Court dismiss S’s appeal?
The High Court noted that people who use FB know the content of their page is often communicated to people other than their ‘friends. It was reckless to put very strong person abuse directed towards former partner to a large group of friends which would inevitably have contact with the person abused. The court dismissed the appeal finding there was no defense that not being friends on FB would ensure she would not see it.
Evidence Act 2006 s82 Criminal Procedure Act 2011 - What action would you take under these 2 Acts to prevent the witness recanting evidence?
Police can get evidence sworn which can be later used if it is likely the Victim will recant their allegations, maintain momentum with Victim day of offence and evidence can be sworn the same day.
What are the 4 core principles of the Police response to FV and an example action of each?
- Safety: Ensuring all parties are safe, Victims and children are paramount, before leaving premises. FV occurrences is one of the most dangerous part of Police’s job.
- Collection of Risk information: To enable decision makers to assess, plan and manage risk to Victims. Two collection mechanisms CRF & IPVF
- Accountability: Offenders held to account by promptly charging that reflect the nature of the offence. Supportive interventions to change behaviour, directing into programs.
Working Collaboratively: FV coordinators working with MVCOT, CPT, ASAT, YAS, CIB, local Iwi. Apply active case management principals and processes.
What actions should you take where the suspect may have access to firearms?
S18 S and S - If you have RGS that a person is carrying arms, or is in possession of them, or has them under his or her control, you may, without a warrant, do any or all of the following:
(a) search the person
(b) search anything in the person’s possession or under his or her control (including a vehicle):
(c) enter a place or vehicle to carry out any activity under paragraph (a) or (b):
(d) seize and detain any arms found:
(e) seize and detain any license under the Arms Act 1983 that is found.
If PO or PSO in effect the above applies if you have they arms/license of RGS arms.
What are the 3 situations when you must report child abuse to NCC?
Serious physical abuse, sexual abuse, serious wilful neglect or deprivation, serious FV
What is the necessity test in s124B of the Domestic Violence Act 1995?
PSO – The order is necessary to ensure the safety of person at risk.
Consider is the violent person using DV against the person at risk.
Will use DV again on the person at risk & welfare of any children.
Any other matter that maybe relevant
What is the timeframe for refusing Police bail if a person has been arrested under s50 DVA and charged with an offence against s49 of the DVA?
Must not be granted Police bail during the 24 hours immediately following the arrest. This also applies when the person is charged with another offence in addition to the breach offence.
What Police rank can release a family violence defendant on Police bail?
You must have the authority of a supervisor of or above level of Sergeant before releasing a FV defendant on Police bail.
Under Victims’ Rights Act 2002 what must attending Police provide to FV victims?
Appropriate and timely support and information about services and remedies. As a minimum give the Victim a pol 1316 which contains general info about services and discusses what happens next.
Police vs Elliot (1996) s19(2)
Elliott and wife long history of FV, PO in place. Wife asked to leave thereby withdrawing he express consent for him to remain. On Police arrival confirmed he had been asked to leave but failed to do so arrested an charged but charge was dismissed.
Police vs Elliot - On what grounds did the Court dismiss the charge?
That Police had not allowed a reasonable amount of time for the respondent to gather some basic items together (eg clothing) and also to arrange for somewhere to go.
