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DTC 1/24 > DTC > Flashcards

DTC Flashcards

1
Q

What does the acronym SAFE stand for?

A

Scrutiny. Authorised. Fair. Ethical.

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2
Q

In regards to the acronym SAFE, what does ‘S’ stand for?

A

S - Scrutiny. Does your decision withstand the scrutiny of:
- affected persons,
- the community
- the Courts
- the organisation
- the media

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3
Q

In regards to the acronym SAFE, what does ‘A’ stand for?

A

A - Authorised. Is your decision authorised by law or allowed by general orders?

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4
Q

In regards to the acronym SAFE, what does ‘F’ stand for?

A

F - Fair. Is your decision fair to you, your family, your community, your colleagues, the organisation?

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5
Q

In regards to the acronym SAFE, what does ‘E’ stand for?

A

E - Ethical. Does your decision abide by the code of ethics and conduct?

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6
Q

What incident types MUST be ‘declared investigations’ according to the Crime (Homicide and Serious Investigation) General Order?

A

Homicides and deaths in custody.

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7
Q

What are the ABC’s of investigation?

A

Assume nothing.
Believe nothing.
Challenge and check everything.

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8
Q

What is a critical decision?

A

A critical decision is one that impacts the direction of the investigation. Must be recorded in a critical decision log.

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9
Q

What are the initial documents required to be submitted when investigating a reportable death?

A

Affidavit of identification
Initial notification to coroner

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10
Q

What is the definition of consent?

A

Consent is a free and voluntary agreement.

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11
Q

What is sexual intercourse?

A

The insertion to any extent of a persons penis into the mouth, vagina or anus of another person;

The insertion to any extent of a part of a persons body or other object into the vagina or anus of another person;

Cunnilingus or felattio.

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12
Q

What are the four types of sexual assault investigations?

A
  1. Offender known.
  2. Offender unknown.
  3. Drug affected.
  4. Historical.
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13
Q

What are the four periods of registration for offenders monitored under the provisions of the Child Protection (Offender Reporting and Registration) Act 2004?

A
  1. Life
  2. 15 years
  3. 8 years
  4. Half the defined period for juveniles
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14
Q

What are the three types of offender management in a sexual assault investigation?

A
  1. Offender known - in custody
  2. Offender known - at large
  3. Offender unknown - at large
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15
Q

What considerations should you make when deciding to use a pre-text phone call?

A
  1. Further trauma being caused to the victim / witness
  2. Age of the victim / witness
  3. Order’s in force preventing contact between the victim / witness and suspect
  4. Likelihood of the increasing the danger to the victim / witness
  5. The victim / witness is incapable of understanding the procedure or controlled enough to stay within the guidelines.
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16
Q

What should you not do in regards to a pre-text phone call?

A
  1. Attempt a call when the suspect has exercised their right to silence
  2. Provide questions to ask
  3. Facilitate the call where there are orders in force preventing contact between victim/witness and suspect
  4. Remain in the room when the call is being conducted.
  5. Allow the phone to come into contact with the recording device.
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17
Q

What is a reconstruction?

A

Rebuilding or recreating. A process of elimination where what is reported to have occurred is compared to the information afforded by the available evidence.

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18
Q

What is a reenactment?

A

Acting out a role in a prior occurrence. Often a re-enactment requires some form of reconstruciton.

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19
Q

What information can be obtained from an autopsy?

A
  • Estimated time of death
  • The cause, mechanism and manner of death
  • Are the wounds consistent with the evidence presented?
  • What type of weapon was involved?
  • Which wound was fatal?
  • Is there evidence of the body being dumped or dragged?
  • Is there evidence of a sexual assault?
  • Toxicology of the deceased
  • Is there evidence of a struggle?
  • Were the injuries inflicted ante mortem or post mortem?
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20
Q

What are the four types of child abuse?

A

P - physical
E - emotional
N - neglect
S - sexual

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21
Q

In what circumstances can a person not consent to sexual intercourse?

A
  • when a person is asleep, unconscious, or so affected by alcohol or other drug that they are incapable of freely agreeing
  • the person submits due to force, fear of force or threats of harm to themselves or another person
  • the person is unlawfully detained
  • the person is incapable of understanding the sexual nature of the act
  • the person is mistaken as to the sexual nature of the act or identity of the other person
  • the person mistakingly believes the act is for medical purposes
  • the person submits as to a false representation of the nature of the act
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22
Q

What are the points of proof for sexual intercourse without consent as per s192(3) of the Criminal Code Act?

A
  1. Has sexual intercourse with another person;
  2. Without the person’s consent; and
  3. Has knowledge of, or is reckless as to the lack of consent.

Penalty: life imprisonment

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23
Q

What are the 3 main areas to gather evidence in a sexual assault investigation?

A
  1. The victim
  2. The offender
  3. The scene
24
Q

What are four categories of a fire investigation?

A
  1. Incendiary
  2. Natural
  3. Accidental
  4. Unknown
25
Q

What are the points of proof of arson?

A

243 (1)

A person:
(a) intentionally uses fire or explosive substance
(b) intentionally causes, or is reckless as to causing, damage to a building or conveyance

Penalty: 14 years imprisonment

243 (3)
A person:
(a) intentionally makes a threat to another person to use fire or an explosive substance to cause damage to a building or conveyance; and
(b) intends to cause, or is reckless as to causing, another person to fear that the threat will be carried out.

Penalty: 7 years:

26
Q

What are the four fault elements outlined in section 43AH of the Criminal Code Act?

A
  1. Intention.
  2. Knowledge.
  3. Recklessness.
  4. Negligence.
27
Q

What is the definition of negligence?

A

A person is negligent in relation to a physical element of an offence if the person’s conduct involves:

(a) such a great falling short of the standard of care that a reasonable person would exercise in the circumstances; and

(b) such a high risk that the physical element exists or will exist, that the conduct merits criminal punishment for the offence.

28
Q

What is the definition of intention?

A
  1. A person has intention in relation to conduct if the person means to engage in that conduct.
  2. A person has intention in relation to a result if the person means to bring it about or is aware that it will happen in the ordinary course of events.
  3. A person has intention in relation to a circumstance if the person believes that it exists or will exist.
29
Q

What is the definition of knowledge?

A

A person has knowledge of a result or circumstance if the person is aware that it exists or will exist in the ordinary course of events.

30
Q

What is the definition of recklessness?

A

A person is reckless in relation to a result if:

(a) the person is aware of a substantial risk that the result will happen; and

(b) having regard to the circumstances known to the person, it is unjustifiable to take the risk.

A person is reckless in relation to a circumstance if:

(a) the person is aware of a substantial risk that the circumstance exists or will exist; and

(b) having regard to the circumstances known to the person, it is unjustifiable to take the risk.

The question whether taking a risk is unjustifiable is one of fact.

If recklessness is a fault element for a physical element of an offence, proof of intention, knowledge or recklessness satisfies the fault element.

31
Q

What are the physical elements of an offence?

A

C - conduct
R - result of conduct
C - circumstances arising out of conduct or result of conduct

32
Q

What is the definition of death?

A

The irreversible cessation of circulation or brain function.

33
Q

What is the definition of serious harm?

A

Harm (includes cumulative effects of more than one harm) that:
endangers or is likely to endanger a persons life or:

is or is likely to be significant and long standing

34
Q

Attempts to commit offences

A

When a person, intending to commit an offence, begins to put his intention into execution by means adapted to its fulfilment and manifests his intention by some overt act, but does not fulfil his intention to such an extent as to commit the offence, he is said to attempt to commit the offence.

It is immaterial, except so far as regards punishment, whether the offender does all that is necessary on his part for completing the commission of the offence, or whether the complete fulfilment of his intention is prevented by circumstances independent of his will, or whether he desists of his own motion from the further prosecution of his intention.

It is immaterial that, by reason of circumstances not known to the offender, it is impossible in fact to commit the offence.

The same facts may constitute one offence and an attempt to commit another offence.

35
Q

Voluntariness - intoxication

A

Evidence of self-induced intoxication cannot be considered when determining if conduct is voluntary

36
Q

Self induced intoxication

A

Intoxication is self-induced unless it is:

(a) involuntarily; or

(b) as a result of fraud, sudden or extraordinary emergency, accident, reasonable mistake, duress or force; or

(c) from the use of a drug for which a prescription is required and that was used in accordance with the directions of the medical practitioner or dentist who prescribed it; or

from the use of a drug for which no prescription is required and that was used for a purpose, and in accordance with the dosage level, recommended by the manufacturer.

However, intoxication is self-induced if a person using a drug as referred to in subsection (1)(c) or (d) knew, or had reason to believe, when the person took the drug that the drug would significantly impair the person’s judgment or control.

37
Q

What are the types of telecommunications intercept warrants?

A

s46 service warrant, b-party service warrant
s46A named person warrant

38
Q

What are reasons to perform an autopsy?

A
  1. Assist in identifying the body
  2. Recovering, preserving, identifying evidentiary material
  3. Determine the cause, mechanism and manner of death
  4. Assist in determining the circumstances surrounding the death
  5. Assist in establishing time of death
39
Q

What are the 3 sides of the fire triangle?

A
  1. Heat
  2. Oxygen
  3. Fuel
40
Q

What are the 4 types of fingerprints?

A
  1. Latent
  2. Etched
  3. Moulded
  4. Visible
41
Q

What should NOT be done during a re-enactment?

A
  1. Prompt too much
  2. Use real victim / witness
42
Q

Define re-enactment.

A

Perform a role in an event that occurred at an earlier time.

43
Q

Define reconstruction.

A

To construct or form again.

44
Q

What is a reportable offender?

A

person convicted of sexual offence against a child or;
person convicted of murder / manslaughter of a child

45
Q

What term of imprisonment is required for Prospective Data?

A

3 years AND
Must be a serious offence as defined by s5D of the Telecommunications (Interceptiona and Access) Act 1979 (Cth)

46
Q

What is the maximum time for Prospective Data?

A

45 days.

47
Q

List the 4 requirements for an Extra-Territorial warrant.

A
  1. An offence has/is/is about to be committed
  2. Indictable offence
  3. Offence has criminal liability where object is believed to be
  4. Police believe on reasonable grounds the object is in another State/Territory
48
Q

What is the presumption of innocence?

A

An accused is presumed to be innocent until proven otherwise.

49
Q

Define vagina.

A

The internal and external female genitalia and includes a vagina that is surgically constructed.

50
Q

What is Prospective Data?

A

Real time CCR / RCCR and shows geolocation of the tower the telecommunication device is using.

51
Q

What is the definition of a serious offence pursuant to s5D of the Telecommunications (Intercept and Access) Act 1979 (Cth)?

A

S5D1
Murder
Kidnapping
Terrorism

S5D2
An offence punishable by 7 or more years imprisonment; and involves
loss of life / serious risk of
serious personal injury / serious risk of
drug trafficking
serious arson
serious fraud
serious damage to property involving risk to life

S5D3
An offence punishable by 7 or more years imprisonment; and involves
- 2 or more offenders, substantial planning / organisation
- sophisticated methods / techniques

52
Q

What is the maximum time frame for a Telephone Intercept?

A

90 days

53
Q

What are the 12 roles in a major investigation?

A

SIO
DSIO
IM
Crime Scene Manager
Witness Manager
Victim Manager / FLO
Offender manager
CCTV
Door Knock
Media Liaison
Exhibits Officer
Intelligence Manager

54
Q

What are the points of proof for murder?

A
  1. A person engages in conduct
  2. Conduct causes death of another person
  3. The person intends to cause the DEATH or SERIOUS HARM to that person by that conduct
55
Q

When is a person under restraint?

A

On bail
On conditional release from prison
Subject to supervision under probation order
Serving home or periodic detention
Undertaking community service
Serving a term of imprisonment

56
Q
A

DTC 1/24 (2 decks)

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