Detective Investigation Questions Flashcards
Question 1: You are required 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.
1. What is Doli Incapax?
2. How would you rebut the doctrine of Doli Incapax?
Doli Incapax:
- Defined as: incapable of crime or wrongdoing
- 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 ages
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
- Age of criminal responsibility in NSW: 10 years
- Child under 10: irrebuttable presumption that they cannot commit a criminal offence
- Children between 10-14: rebuttable presumption
- Can be guilty of a criminal offence if proven they KNEW what they were doing was
seriously wrong and not just naughty
Case Law: RP v The Queen - offence itself cannot be relied upon to show child had the mens rea
Evidence to rebut doctrine of Doli Incapax:
- Prior criminal history
- Statements/admissions made by the child to the victim or other witnesses knowing it was
wrong - Evidence from police interview with child
- Attempts by child to conceal the offence
- Behaviour of child before and shortly after offence
- Evidence from parents/guardians or other relatives regarding child’s domestic environment,
behaviour, development and upbringing - Evidence from teachers or other adults regarding child’s level of knowledge and education
- Evidence from psychologists and psychiatrists
Questions to ask during interview to prove mens rea:
- Did you know it was wrong to (allegation)
- What made you think it was wrong?
- Did you think something would happen to you if you were caught?
- Who did you think you would be in trouble with?
- Do you know what a crime is?
- What do you think happens to people who commit crimes?
Question 2: A male arms himself with a baseball bat and approached 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?
Answer: Wounding or grievous bodily harm with intent (Section 33 of the Crimes Act)
- Intent can only be actual or deliberate
- He has done more than merely contemplated the GBH
Elements:
- Wounds any person, or
- Causes grievous bodily harm to any person
- With intent to cause GBH to that or any other person is guilty of an offence
- Max penalty: 25 years
Question 3: Identification Parades - You and your partner attend a report of an assault in an
alley between two housing estates. The victim and a witness provide you with a description
of the male offender. An hour later, whilst patrolling the same area, you locate a male
matching the description given earlier. You speak with the male and locate on his person a
credit card in the name of the victim. He refuses to say anything in relation to the credit
card. You arrest the male and convey him to the Police Station.
- What are the considerations when deciding on whether or not to conduct an
identification parade? - When would you NOT conduct conduct an identification parade?
- What are some critical issues in regards to procedures?
Determining if it is reasonable to hold an identification parade:
G - Gravity of the offence
I - Importance of the evidence
P - Practicality of holding the ID parade
R - Relationship between the offender and victim
I - ID already known?
F - Failure to co-operate (either suspect or victim)
When would you NOT conduct an identification parade?
- When the suspect refuses
- When the victim refuses
- No legal representation available
- Unreasonable or unfair
- Suspects appearance has changed significantly since offence occurred
- Minor offences where importance of ID is limited
- Suspect is personally known to the victim
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What are some critical issues in regards to procedures?
- Visual ID may be inadmissible unless an ID parade is conducted
- Investigating police to have no part in conducting the ID parade
- Must be conducted by a DO
- Parade must be video recorded
- All details of ID parade recorded in notebook
Question 4: There are a number of defences to an allegation of assault. Explain them with
an example of each
- Blood sample
- Arrest
- Self defence of person or another
- Defence of home or property
- Sports - when in the rules of the game
- Medical procedure
- Accidental use of force
- Consent (not ABH)
- Kids - lawful chastisement
