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Police Courts And Criminal Law > Criminal Code > Flashcards

Criminal Code Flashcards

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1
Q

S.307 definition of manslaughter criminal code 1899 QLD

A

A person who unlawfully kills another under such circumstances as not to commit murder is guilty of manslaughter

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2
Q

S.304 killing on provocation criminal code 1899 QLD

A

A person who unlawfully kills another but without these provisions would be guilty of murder … Heat of passion, sudden provocation and before there is time to cool guilty of manslaughter

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3
Q

S304a diminished responsibility criminal code 1899 QLD

A

A person who unlawfully kills another but at the time of doing so is in an abnormal state of mind or impairment and is unable to understand what they’re doing or control their actions

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4
Q

S.306 attempt to murder criminal code 1899 QLD

A

Attempts to unlawfully kills another or with intent any act or omission of an act that would be ones duty

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5
Q

S.307 accessory after the fact criminal code 1899 QLD

A

Any person who becomes an accessory after the fact is guilty and liable to Imprisionment

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6
Q

S.308 threats to murder on document criminal code 1899 QLD

A

7 years jail

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7
Q

S.309 conspiring to murder criminal code 1899 QLD

A

Any person who conspires with another to kill a person is guilty 14 years jail

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8
Q

S.29 searching without a warrant PPRA

A

1) A police officer who reasonably suspects may a) stop and detain b) search the person and anything on the person relevant to the reason for being detained
2) a police officer may seize any or party of a thing a) as evidence to an offence b) or may be used to cause harm

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9
Q

S.150 searching places with warrant PPRA

A

1) a police officer may apply for a warrant to energy and search a place a) to obtain evidence b) to confiscate evidence c) to find a vehicle to be impounded d) to find a criminal organisation order
2) application may be made to any justice unless it must be made by magistrate or Supreme Court judge in subsection 3-7

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10
Q

S.151 issue or search warrant PPRA

A

Issuer of warrant must be satisfied that there are reasonable grounds to search property mentioned in s.150 and that a) what is being sort is at the property and b) it lis likely to be moved within 72 hours

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11
Q

S.157 search powers under warrant PPRA

A

1) a police officer may go the following a) enter place stated b) pass over through along or under another place to enter relevant place c) power to search locked things d) open anything e)detain anyone f) detain persons for the time taken to search g) dig land h) seize anything suspected to be relating to offences i) muster hold or inspect any animal j) photograph anything related to search k) remove wall or ceiling linings and floors, panels or vehicles to search

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12
Q

S.257 (2) more powers relating to search warrant PPRA

A

A) power to search anyone found in property b) I) search a one or thing being loaded into vehicles Ii) to take vehicle and search
3) power to do anything that may cause structural damage to building if a) authorised b) issued by Supreme Court justice

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13
Q

S.300 criminal code 1899 QLD

A

Any person who unlawfully kills another is guilty of a crime

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14
Q

S.159 search to prevent loss of evidence pt2 PPRA

A

Only indictable offence

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15
Q

S.160 search to prevent loss of evidence PPRA

A

Officer reasonably suspects that a) a thing at or about a place or in ones possession is evidence of pt2 offence b) evidence maybe concealed or destroyed unless place is searched and entered
3) an officer may enter and execute warrant powers except causing structural damage

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16
Q

Post search approval under section 160 PPRA

A

As soon as possible an officer must apply for post search approval with magistrate
2) the application must be sworn and state grounds for search

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17
Q

S.262 making post search approval order PPRA

A

Magistrate may make post search approval order only if satisfied a) circumstances exist before search I) before executing officer had reasonable suspicion Ii) was likelihood that evidence may be concealed moved or destroyed or cause injury
B) have regards to nature of evidence found

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18
Q

S.391 info to be given to arrested person PPRA

A

A police officer arresting a person must as soon as possible inform the person b they are under arrest and the nature of the offence they’re being arrested for

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19
Q

S.613 power to use force against individuals PPRA

A

It is lawful for police to use reasonably necessary force to execute power to stop a person evading police or escaping custody
Doesn’t allow for gbh

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20
Q

S.616 power to use force in critical situations PPRA

A

Applies if officer reasonably suspects a person has/is/about to commit a crime punishable by life in prison b) is attempting to escape arrest or escape from custody
2) section applies if a) officer reasonably suspects a person is about to cause gbh or death of another person and can’t be prevented any other way

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21
Q

S.365 arrest without a warrant PPRA chapter 14 pt 1

A

Reasonable suspicion and be reasonably necessarily

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22
Q

S.365(c) PPRA

A

To ensure a persons appearance before a court

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23
Q

S.366 PPRA

A

Arrest of escapees

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24
Q

S.367 PPRA

A

Arrest of a person on bail

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25
Q

S.368 PPRA

A

Arrest of given notice to appear

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26
Q

S.369 chapter 14 or 2 PPRA

A

Arrest under warrant an officer may arrest a person named in the warrant
Includes taking into custody, detain, remove to another place for examination or treatment

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27
Q

S.393 duty of a police officer at arrest

A

A police officer must as soon a possible take the person before a court to be felt with according to law

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28
Q

Ss.53-58 juries act 1886 QLD

A

Summons to appear alternative to arrest

29
Q

S.382-388 PPRA

A

Notice to appear alternative to arrest

30
Q

S.365 PPRA

A

Arrest only if reasonably necessary and other option are not appropriate

31
Q

S.377(2)(b)(Ii) PPRA

A

An arrested person should be released if more appropriate to use notice to appear

32
Q

S.397 PPRA

A

Right to refuse to answer

Except name and address

33
Q

S.415 PPRA

A

Right to remain silent

34
Q

S.365 (2) PPRA arrest for questioning

A

Provisions
Caution right to silence
Support right to friend,relative & lawyer

35
Q

Chapter 15 or 3 s.431 PPRA cautioning of person under arrest

A

Officer must caution a person in the way required under the act. Caution to be given or translated into a language the person can understand

36
Q

S.403 times for detention PPRA

A

A person can be detained for 8 hours max and questioned for 4 hours max

37
Q

S.495-410 PPRA

A

Provide details of extension of time

38
Q

S.418 access to friend, relative and lawyer PPRA

A

Officer must inform the person of the right to communicate with an friend or relative and to give whereabouts and ask them to be present at interview officer must also allow for contact with lawyer and ask them to be present officer must delay questioning for a reasonable time to allow those asked to attend to arrive

39
Q

S.420-423 PPRA

A

Provisions for questioning atsi, children and mentally impaired and intoxicated people

40
Q

S.436 recorded by of questioning PPRA

A

Electronically recorded any confession made is admissible in court

41
Q

S.437 requirements for written record or admission PPRA

A

Written record of confession or admission must be read to person in their own language and copy given and opportunity to attend to errors given

42
Q

S.439 admissibility of records of questioning PPRA

A

Court may admit a recorded confession into evidence even if it suspects non compliance

43
Q

S.416 PPRA

A

An officer must not obtain confession through threat or promise

44
Q

S.617 PPRA schedule 10 or 6 division 1,2,3

A

Evidence of eyewitness and informers

45
Q

S.230 relationship to other law and matters PPRA

A

Deciding on evidence to be admitted or excluded … Evidence obtained by a person engaging in criminal activity should be disregarded the person was acting in a controlled operation under chapter 11 PPRA and defined as such

46
Q

2.19 cc QLD

A

Choose a charge or charges that adequately reflect the nature of criminal conduct disclosed by evidence to provide court with appropriate basis for sentence

47
Q

2.20 cc QLD

A

Charges laid are the most serious in regards to evidence

48
Q

6.14 cc QLD

A

Charge negotiations involves prosecutors and charged to be proceeded with

49
Q

6.16 cc QLD

A

Charge negotiations is to be distinguished from consultation with trial judge as to likely sentence

50
Q

6.17 cc QLD

A

Negotiations between prosecutors and defence to be encouraged

51
Q

S.561 c1) & 2) criminal code QLD

A

Ex officio indictment
Committal hearing by passed
Avoid unreasonable delay

52
Q

Criminal code chapter 68

A

Allowance for re trial on basis of new evidence

53
Q

Bail act 1980 QLD section 8

A

Court empowers to grant bail or enlarge existing bail

54
Q

S16 bail act 1980

A

Police to refuse bail if concerned there will be failure to attend court, will commit an offence or harm/ interfere with a witness
Considerations seriousness, circumstances and strength of evidence
Options for cash bond or condidtions

55
Q

S16 3a-3D bail act 1980

A

Criminal organisation membership

56
Q

S7 (2) (b) bail act 1980

A

Police must grant bail if person can’t attend court within 24 hours of arrest

57
Q

Jury selection

Juries act 1995 QLD

A

Random from electoral role

Most adults can be called

58
Q

Dietrich v the queen

A

Right to stay of proceedings to obtain legal representation for serious offences

59
Q

Evidence act 1995

A

Governs use on hearsay

60
Q

Evidence act 1995 section 76 exceptions

A

Opinion evidence not admissible to prove existence of fact except summaries of documents, atsi laws, character and experts,

61
Q

Penalties and Sentencing act 1992 QLD

A

Governs types of punishment
Less serious parts 3-4
Intermediate parts 5-5a
Serious parts 6-10

62
Q

Indefinite sentences

A

S.163(4)(d)(e) penalties & sentencing act 1992 need to protect the community must qualify under s162
Must take into account offenders character, age, health, mental condition and antecedents s163(3)(b)(I)

63
Q

S.9(2)& s.9(3-(12) penalties and sentences by act 1992

A

List of considerations for sentencing certain offences inc cooperation, character, age, criminal history and intellectual capacity

64
Q

District court act & s.222 judiciary’s act 1886

A

Either a defendant or complainant can appeal a sentence or conviction
District court by right
If plead guilty only appeal sentence

65
Q

S225 judicatory act 1886

A

Power of judge on hearing appeal

Confirm, overturn or vary

66
Q

S668d criminal code QLD

A

Rights to appeal

67
Q

S669a criminal code

S668b criminal code

A

S669a - appeal by attorney general against acquittal regarding question of law
S668b - appeal by judge during trial regarding question of law

68
Q

S668e criminal code

A

Determination of appeal in ordinary cases

Police Courts And Criminal Law (1 decks)

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