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Pre Req - Mocks > Dec 2014 > Flashcards

Dec 2014 Flashcards

1
Q

List the Ingredients for Wounding with intent - Section 188 Crimes Act 1961(Reckless Disregard)Protester throws placard

A 
Wounding with intent to injure
Section 188(2)
  1. With intent to injure
  2. Anyone OR with reckless disregard for the safety of others
  3. Wounds OR Maims OR Disfigures OR Causes GBH
  4. To any person
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2
Q

List the ingredients for Obtains by deception - Section 240 Crimes Act 1961(Wears a uniform to get a discount on fish and chips)

A 
Deception Sect 240(1(a)
7yrs/1year/3mths
1. By any deception 
2.  Any without claim of right
3.  Obtains possession or control over
4.  Any property OR Privilege OR Service OR Pecuniary Advantage OR Benefit OR Valuable consideration
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3
Q

Possession for Supply - Section 6 MODA 1975(driving around with Meth to sell it but doesn’t find anyone so they go home with it.)

A

Possession of any Controlled Drug for Supply
Sect 6(1)(f) MODA
Life/14/8yrs

  1. Has possession of
  2. Any Controlled Drug
  3. For the purposes set out in paragraphs (c)(d)(e)
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4
Q

List the Ingredients for Arson - Section 267

Uses Aerosol to set fire to abandoned house

A

Arson
Section 267(1)(b) Crimes Act 1961
14yrs

  1. Intentionally or recklessly
  2. Without Claim of right
  3. Damages by fire or by means of any explosive
  4. Any immovable property, Vehicle, Ship or Aircraft - VISA
  5. In which that person has no interest
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5
Q

List the ingredients for Robbery (steals Iphone)

A

..

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6
Q

List the ingredients for Sexual Violation for Child under 16yrs(Sex with 14 year old)

A

SEXUAL CONDUCT WITH YOUNG PERSON UNDER 16
Section 134

134(1) - 10yrs
Every one who has SEXUAL CONNECTION with a young person

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7
Q

List the Ingredients for Aggravated Wounding - Section 191

Security guard wounded after Burglary

A

Aggravated Wounding Section 191(1)(a)(b)(c)
14years

  1. With intent to
    (a) Commit or facilitate the commission of any crime OR
    (b) Avoid detection of themselves in the commission of any crime OR
    (c) Avoid the arrest or facilitate the flight of himself or any other person upon the commission or attempted commission of any crime
  2. Wounds OR Maims OR Disfigures OR Causes GBH OR Stupefies OR Render unconscious OR By any violent means renders capable of resistance
  3. Any person
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8
Q

List the ingredients for Accessory after the Fact - Section 71(1)(Puts partners clothes in clothing bin after stabbing)

A 
Accessory after the Fact
Section 71(1) Crimes Act 1961
Initial offence is life = 7yrs
Initial offence is 10yrs or more = 5yrs
Any other initial offence = half the penalty
  1. Knowing
  2. Any person
  3. To be a party to an offence
  4. Comforts OR Assists OR Receives or Tampers with OR Actively suppresses with any evidence against him
  5. In order to enable that person to escape after arrest OR to avoid arrest or conviction
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9
Q

Discharging Firearm Grevious Bodily Harm (Gang member shoots at rival but misses)

A

DISCHARGING FIREARM or DOING DANGEROUS ACT WITH INTENT
Section 198(1)(a)
Crimes Act 1961
14 years

  1. With intent to do GBH
  2. Discharges any firearm, airgun, or other similar weapon
  3. At any person
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10
Q

S&S2012 s45 - Restrictions on some trespass surveillance and use of interception device

Section 46 - hours can do surveillance etc

A

Section 45
Restrictions on some trespass surveillance and use of interception device

(1) Nothing in this subpart authorises any enforcement officer to undertake trespass surveillance (other than by means of a tracking device) except in order to obtain evidential material in relation to an offence—

(a) that is punishable by a term of imprisonment of 7 years or more; or
(b) against section 44, 45, 50, 51, 54, or 55 of the Arms Act 1983

(2) Nothing in this subpart authorises any enforcement officer to use an interception device except in order to obtain evidential material in relation to an offence—
(a) that is punishable by a term of imprisonment of 7 years or more;

(b)against section 44, 45, 50, 51, 54, or 55 of
***************
Section 46
Activities for which surveillance device warrant required

(1) Except as provided in sections 47 and 48, an enforcement officer who wishes to undertake any 1 or more of the following activities must obtain a SURVEILLANCE DEVICE WARRANT

(a) use of an INTERCEPTION DEVICE to intercept a private communication
(b) use of a TRACKING DEVICE except where a tracking device is installed solely for the purpose of ascertaining whether a thing has been opened, tampered with, or in some other way dealt with, and the INSTALLATION of the device DOES NOT INVOLVE TRESPASS TO LAND OR GOODS
(c) OBSERVATION OF PRIVATE ACTIVITY in private premises, and any recording of that observation, by means of a VISUAL SURVEILLANCE DEVICE
(d) use of a surveillance device that INVOLVES TRESPASS TO LAND OR GOODS
(e) OBSERVATION OF PRIVATE ACTIVITY IN THE CURTILAGE OF PRIVATE PREMISES and any recording of that observation, if any part of the observation or recording is by means of a visual surveillance device, and the duration of the observation, for the purposes of a single investigation, or a connected series of investigations, exceeds—

(i) 3 hours in any 24-hour period or
(ii) 8 hours in total

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11
Q

Adult Sexual Assault After a prelim

After a Medical

A

ACTIONS AFTER A MEDICAL

  1. Before the MEK is sealed, the attending officer debriefs with the practitioner asking them to:
    - Advise on any immediate needs of the victim
    - Verbally summarise the exhibits and advise their possible significance
    - Identify any forensic items that need to be taken to ESR, ASAP for analysis
    - Identify any non-intimate injuries that should be photographed
    - Identify any significant disclosures made by the victim during the examination which
    - May be useful in the Police Investigation
    - In the case of s presence and hands over the MEK, tox kit and clothing removed, bagged, labelled during exam.Dr keeps original.
    * *********
  2. Police secure the sealed kit in an appropriate refrigerator until delivery to ESR
    * *********
  3. Collect and preserve any clothing worn by the victim not already bagged by practitioner. Package, label each item of clothing separately.
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12
Q

What are O/C Witness Reponsibilities

A

MAINTAIN contact with witnesses to ensure they are available for court

ATTEND - Ensure that the witnesses attend court and see to their welfare

ADVISE the 2 IC Investigation of any witnesses seeking name suppression, so they can inform the crown prosecutor

REPORT any instances of threats, intimidation/interference with witnesses, so that appropriate action can be taken

INTERPRETERS - Arrange court interpreters

NOK - Ensure victims NOK are informed of the progress of the enquiry & pending court case

EXPLAIN court procedures to witnesses

REFRESH - allow witnesses to refresh their memories from their statements

SUMMONS witnesses to prelim hearing and arrange their attendance at the trial.

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13
Q

What are the O/C Scene Responsibilities?

A

BRIEFING staff on their duties

RECONNAISSANCE - Conduct a reconnaissance to gain overall picture of scene and test possible reconstructions

UPLIFTING, inspecting and ensuring delivery of labelled exhibits to the exhibit recorder

CONTROLLING, freezing and preserving the scene and ensuring it is safe

COMMUNICATION - Providing communication link between the scene and O/C Investigation

COMMON - Establishing a common approach path between police cordon and scene’s focal point

COORDINATING and overseeing the crime scene examination

ENSURING scene is photographed, fingerprinted and examined by specialists before searched

PLANNING a strategy for forensic examination

PROVING relevant exhibits in court

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14
Q

What are the Objectives of a Scene Examination?

A

ESTABLISH if a crime has been committed

ESTABLISH the crime’s key elements and provide the facts for the basis of an inquiry

IDENTIFY the suspect and place them in contact with the victim or scene

IDENTIFY people associated with the crime

CORROBORATE or contest witness and victims accounts

CORROBORATE or exclude other evidence relating to the crime or incident

EXCLUDE possible defences

EXONERATE the innocent

VERIFY confessions and admissions

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15
Q

O/C Body - What is the Post Mortuary procedures?

A
  1. The body must ONLY be stripped in the PRESENCE of the pathologist.
  2. REMOVE the body from the secure mortuary fridge and assist mortuary staff to take the body into the post-mortem examination room.
  3. REMOVE the body from the body bag, causing MINIMAL DISTURBANCE disturbance to the body.
  4. EXHIBITS - Take possession of the body bag and any sheets or wrappings used to transport the body, as exhibits.
  5. If necessary, DIRECT the Police photographer to take additional photographs to ensure that appropriate and SUFFICIENT PHOTOS OF THE BODY are taken BEFORE clothing is removed, and again after the body is disrobed. The PATHOLOGIST will LEAD direction of the photographer.
  6. REMOVE items of CLOTHING from the body. Mortuary technicians may assist to removing clothing, but only under the supervision and direction of the OC Body.

· CUTTING clothing off the body SHOULD BE AVOIDED, but may be necessary in some cases. If unavoidable, CUT in areas where EVIDENCE IS LEAST is least likely to be present.
· Search clothing POCKETS and make an inventory of each of the pocket contents.

  1. Make an INVENTORY of clothing and possessions, as each item is removed.
  2. LABEL each item of clothing and each possession.
  3. SEAL each item in a separate paper BAG or CONTAINER.
  4. Ensure exhibits DO NOT CROSS-CONTAMINATE each other by coming into contact with one other.
  5. MAINTAIN SECURITY AND CONTINUITY of the body and exhibits taken from the body, until the post-mortem examination commences.
  6. In cases involving OBVIOUS HEAD TRAUMA, before blood and debris is washed from the body, particularly the head hair, consider placing a FINE SIEVE in the mortuary table drain hole to COLLECT trace evidence that may have been transferred

The OC Exhibits is responsible for establishing required standards for the recovery, handling, labelling, storage, submission to experts, presentation at Court and disposal of exhibits and ensuring these processes are completed in accordance with the requirements set by the OC Investigation and the Serious Crime Template.

The OC Exhibits must communicate required standards to all investigation team members, usually at investigation conferences.

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16
Q

What are the Bail Considerations - Section 8(2)?

A

Section 2 - Consideration of just cause for continued detention

In considering whether there is just cause for continued detention under subsection
(1), the court may take into account the following:

(a) the NATURE of the offence with which the defendant is charged, and whether it is a grave or less serious one of its kind:
(b) the STRENGTH of the EVIDENCE and the PROBABILITY of conviction or otherwise:
(c) the SERIOUSNESS of the PUNISHMENT to which the defendant is liable, and the SEVERITY of the punishment that is likely to be imposed:
(d) the CHARACTER and past conduct or behaviour, in particular proven criminal behaviour, of the defendant:
(e) whether the defendant has a HISTORY OF OFFENDING WHILE ON BAIL, or BREACHING COURT ORDERS, including orders imposing bail conditions:
(f) the LIKELY LENGTH OF TIME before the matter comes to HEARING or TRIAL:
(g) the POSSIBILITY of PREJUDICE TO THE DEFENCE in the preparation of the defence if the defendant is remanded in custody:
(h) any OTHER SPECIAL MATTER that is relevant in the particular circumstances

17
Q

What is the procedure with CHIS Rewards?

A

Handlers and Co-Handlers must:

MANAGE - To avoid exposure carefully plan for and MANAGE the impact that large sums of money may have on the CHIS.

AVOID creating expectations on the part of the CHIS in relation to the level reward

PAID - Ensure rewards are PAID as per policy and the receipt forwarded to OC HSMU

SUBMIT applications for rewards and ancillary expenses

18
Q

During a Joint investigation plan, what must you consider?

A

Who is involved in the case, what they will do, when they will do it.
CONSIDER:
1. The childs safety and well being
2. Any joint visits required
3. The management of the child’s initial interview including consideration of any ethnicity needs
4. The need for a specialist child witness interview, interviews of alleged offender and others including protective parent or caregiver or parent.
5. Collection of evidence
6. Referral to a medical practitioner

19
Q

What is the ‘Scene Strategy’ List?

A
  1. Placement of Hot/Warm/Cold Areas
  2. Protection methods for ensuring no contamination
  3. How exhibits to be handled/packaged/labelled/secured
  4. Starting place (e.g offenders entry point)
  5. A logical and systematic search method
  6. Likelihood of evidence deteriorating
  7. Any specialists required
  8. Individual tasks and area of responsibility for each member
  9. Recording system to be used/exhibit inventories/schedule/jobsheets
20
Q

SHORT ANSWERSWhat are the Victim Rights - Section 30?

A

Victim’s views about release on bail of accused or offender

1) (a) the victim is the victim of a specified offence; and
(b) the person accused of the offence or, as the case requires, the offender, applies

2) the prosecutor must—
(a) make all reasonable efforts to ascertain any views the victim has about the accused, or,

as the case requires, the offender, being released on bail; and

(b)inform the court of any views ascertained under paragraph (a).

21
Q

Standard information - Criminal Disclosure - Section 13.

A

.

22
Q

What is the definition of Dishonesty?

A

.

23
Q

What is the Case Law and definition of Recklessness?

A

Acting “recklessly” involves consciously and deliberately taking an unjustifiable risk.

“[Recklessness involves] foresight of dangerous consequences that could well happen, together with an intention to continue the course of conduct regardless of the risk.”

24
Q

What is the definition for Murder - Section 167?

A

167 Murder defined

Culpable homicide is murder in each of the following cases:
(a) If the offender MEANS to cause the death of the person killed:

(b) If the offender means to cause to the person killed any BODILY INJURY that is known to
the offender to be likely to cause death, and is reckless whether death ensues or not:

(c) If the offender means to cause death, or, being so reckless as aforesaid, means to cause
such bodily injury as aforesaid to one person, and BY ACCIDENT or MISTAKE KILLS ANOTHER PERSON, though he DOES NOT mean to hurt the person killed:

(d) If the offender for any UNLAWFUL OBJECT does an act that he knows to be likely to cause
death, and THEREBY kills any person, THOUGH HE MAY HAVE DESIRED that his object should be effected without hurting any one.

25
Q

What is the definition of ‘Relevant’ under the Evidence Act - Section 7(3)?

A

.Relevant evidence is defined as any

“Evidence that has a tendency to prove or disprove anything that is of consequence to the determination of the proceeding” (s7(3)).

It includes direct evidence and circumstantial evidence.

26
Q

What 4 offences require Corroboration - Section 121?

A

“Corroboration” is not defined in the Act. It is independent evidence that tends to confirm or support some fact of which other evidence is given and implicates the defendant in the crime charged.

(a) PERJURY
(b) FALSE OATHS
(c) FALSE STATEMENTS
(d) TREASON

27
Q

What are the timing of Medical Examinations for Adult Sexual Assault?

A
  1. The primary objective is the victims physical, sexual and mental health.

Secondary importance is to Collect trace evidence
**********
ACUTE or a suspected drug facilitated sexual Assault should be WITHIN 7 days. MEK to be done ASAP to ensue capturing forensic evidence.

NON ACUTE - after 7days but before 6mths

HISTORIC - after 6months

Pre Req - Mocks (4 decks)

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