CPC 6 Investigative Practice Flashcards
What is a summary Offence
Less serious in nature, can be dealt with a lower court.
- offensive language, Offensive conduct, obstruction of traffic.
What are indictable offences
More serious in nature that MAY proceed in trial, in a higher court.
- assault , stealing, damaging property, robbery, murder.
Two ways we categorise Offences
Punishment,
Procedure
What are the categories of punishment
Summary (0-2 years)
Minor Indictable (2-5 years)
Serious Indictable ( 5+)
What are the categories in procedure categorisation
Summary,
Table 2 (minor - local court- unless prosecution elects higher)
Table 1 (prosecution and defence can elect higher court)
Strictly indictable (only by district/supreme)
What is actus reus
Actus reus is guilty act
Two types of actus reus
Positive act (Common - acting)
Negative Act (Less common - negligent)
What is Mens Rea
Guilty Mind
Two types of Mens Rea
Mens rea Intentionally: john intended to kill rob by shooting
Mens Rea unintentionally: John shot into a group of people.
4 steps of evidence gathering?
Identify
Preserve
Collection
Produce
Three types of evidence:
Original - oral testimony
Real - knife / dna
Documentary - CCTV.
RRF - Evidence admissibility
Relevant,
reliability
Fair.
What is hearsay
Saying what you heard someone else say about an incident.
Exceptions to the hearsay rule (FITBATCH)
First hand
Identify
Telecommunications
Business records
Admissions
Tags and labels
Contemporaneous statements/health
Hearsay for non hearsay.
Expetions for the opinion rule? (S78, s79(1) Evidence act)
Rationally based and explains witness testimony
Expert opinions.
What is TEDS
Tell
Explain
Describe
Show me
Probing questions 5WH
Who what when where why how.
Advokat
Amount of time under observation
Distance from subject
Visibility
Obstructions
Known or seen before
Any reason to observe
Time since.
