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DTC 1/24 > Exam revision v2 > Flashcards

Exam revision v2 Flashcards

1
Q

Sexual intercourse without consent

A

A person is guilty of an offence if they have sexual intercourse with another person:

a) Without the person’s consent; and
b) Knowing about or being reckless as to the lack of consent

Penalty: Life imprisonment

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2
Q

Circumstances in which a person does not consent to sexual intercourse or gross indecency include:

A

a. The person submits due to force, fear of force, fear of harm to themselves or any person;
b. The person is unlawfully detained;
c. The person is asleep, unconscious or so intoxicated by alcohol or other drug that they are unable to freely consent;
d. The person is incapable of understanding the sexual nature of the act;
e. The person is mistaken as to the sexual nature of the act or mistaken about the identity of the person;
f. The person mistakingly believes the act is for medical purposes
g. The person consents based on a false representation as to the nature or purpose of the act:

Force / Fear of Force
Unlawfully detained
Unconscious (asleep, intox or otherwise)
Incapable
Mistaken nature / identity
Mistaken medical
False representation nature or purpose

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3
Q

Sexual intercourse

A
  1. The insertion to any extent of a person’s penis into another person’s vagina, anus or mouth;
  2. The insertion to any extent of a part of a person’s body or other object into the vagina or anus of another person, except for the purpose of a medical procedure;
  3. Cunnilingus or fellatio.
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4
Q

3 sources of evidence in sexual assault investigation?

A
  1. Offender
  2. Victim
  3. Scene
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5
Q

4 types of child abuse investigations

A
  1. Physical
  2. Emotional
  3. Neglect
  4. Sexual
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6
Q

In relation to a pre-text phone call, what should you not do?

A
  1. Facilitate a call when the suspect has exercised their right to silence.
  2. Facilitate a call when there are orders in force (e.g bail, DVO) between the victim / witness and suspect
  3. Remain in the room while the conversation takes place
  4. Provide questions to ask
  5. Allow the phone to make contact with the ear piece
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7
Q

What can a pathologist assist with during an autopsy? List (8).

A
  1. Estimated time of death
  2. The cause, method and mechanism of death
  3. Circumstances surrounding the death
  4. Determining which injury was fatal
  5. Establishing if the deceased was dumped or dragged
  6. Collecting forensic evidence
  7. Determining whether the injuries were caused ante or post mortem
  8. Establishing if a sexual assault had occurred
  9. The intoxication of the deceased
  10. Determining if there is evidence of a struggle
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8
Q

4 Categories of fire investigation

A
  1. Incendiary
  2. Natural
  3. Accidental
  4. Undetermined
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9
Q

What are the (3) physical elements to an offence?

A
  1. Conduct
  2. Result of conduct
  3. Circumstances that result from conduct
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10
Q

What are the four (4) fault elements to an offence?

A
  1. Intention
  2. Knowledge
  3. Recklessness
  4. Negligence
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11
Q

Intention
(EBB)

A

Conduct - engage in that conduct;
Results - bring it about or aware it will happen
Circumstances - belief it will exist

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12
Q

Knowledge

A

Circumstance / result - aware that it exists or will exist

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13
Q

Recklessness

A

A person is reckless in relation to a result or circumstance if:

  • they are aware that a significant risk of the result or circumstances exists
  • having regard to the circumstances known to them, it is unjustifiable to take that risk.

unjustifiable = one of fact

intention or knowledge can also satisfy recklessness

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14
Q

Negligence

A

A person is negligent in relation to a physical element if the conduct involves:
- such a great falling short of the standard of care that a reasonable person would exercise in the circumstances
- such a high risk physical element exists / will exist that the conduct merits criminal punishment

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15
Q

Intoxication

A

a) Intoxication is deemed to be voluntary unless proven otherwise
b) accused person foresaw the natural and probale consequences of conduct

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16
Q

Death

A

Irreversible cessation of circulation or brain function

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17
Q

Serious harm

A

Harm (including cumulative) that
1. endangers life or is likely to endanger life
2. is or is likely to be significant and longstanding

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18
Q

s149C CCA - Conduct causing death or serious harm

A

Substantially contributes to the death or serious harm

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19
Q

Manslaughter

A
  1. Person engages in conduct
  2. Conduct causes death of another person
  3. Person is reckless or negligent as to that conduct causing the death of another person
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20
Q

s4 CCA - Attempts to commit offences

A
  • Intends to commit offence
  • puts intention into action by some overt act
  • stops short of committing the full offence

Irrelevant if the person does not complete the offence, stops because he chooses to or is stopped by other means

Irrelevant if it is impossible to complete the attempted offence

Same facts can be a completed offence and an attempt at another offence

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21
Q

SAFE

A

Scrutiny - does your decision withstand scrutiny of the people involved, the organisation, media, ombudsman?
Authorised - are you authorised by law or general order?
F - is your decision fair to you, your family, your colleagues, the other party, the organisation, the community
E - is your decision ethical and inline with the code of conduct and statement of ethics?

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22
Q

Critical decision

A

A decision that informs the direction of the investigation. Must be recorded on a critical decision log.

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23
Q

Prospective data

A

Prosepcitve data is real time call charge / reverse call charge records. Provides geographic data of the tower the phone is using

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24
Q

Preservation orders (2) - 107H TIA

A
  1. Historical. Teleco carrier to preserve data for the period that STARTS at the time they receive the notice and ENDS on the day they receive the notice.
  2. Ongoing. Telco carrier to preserve data for the period that STARTS at the time they receive the notice and ENDS at the end of the 29th day after the day after receiving the notice (30 days)
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25
Q

Prospective data - offence

A

3 or more years imprisonment

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26
Q

TI - types of warrants

A

s46 - telecommunications service warrant (a party / b party / IMEI)
s46A - named persons warrant

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27
Q

TI - offence

A

7 or more years imprisonment and serious offence as per s5D TIA

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28
Q

JMC declared investigation

A
  1. Homicide
  2. Death in custody
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29
Q

Investigative roles

A

SIO
DSIO
IM
Systems manager
Victim manager / family liaison officer
Witness manager
Door knock / CCTV canvas
Crime scene manager
Exhibits officer
Intel officer
Media liaison
Offender manager

30
Q

Stored communications

A

SMS / MMS / voicemail records. Must be obtained by warrant under TIA.

31
Q

Preservation orders

A
  1. historic domestic preservation order (up to 7 days depending on telco)
  2. ongoing domestic preservation order (up to 30 days)
32
Q

Extra territorial warrants - primary functions

A

Seizure of evidence l in another jurisdiction, transfer to the Northern Territory for examination or exhibit purposes;

Seizure of evidence in the Northern Territory, transfer to another jurisdiction for examination or exhibit purposes;

33
Q

ET warrants - requirements

A
  1. offence has / is / is about to be committed
  2. The offence is indictable
  3. The offence has criminal liability in the jurisdiction where the object is located
  4. BORG the object is at a place in the other jurisdiction
34
Q

Extradition - definition

A

The lawful transfer of an accused person from one jurisdiction to another, where criminal offending has been alleged and the transfer is required for the process of criminal justice.

35
Q

Extradition - requirements for approval

A
  1. Written approval from DPP.
  2. Arrest warrant.
  3. Brief of evidence.
  4. ID of offender (photo / fingerprints)
  5. Criminal history of offender
  6. Names of police officers travelling
36
Q

Media release - 3 pieces of information

A
  1. Information in.
  2. Information out.
  3. Reassurance
37
Q

Exhibit labelling (9 + bonus)

A
  1. exhibit number / barcode
  2. incident date
  3. incident type
  4. incident location
  5. Description
  6. Location seized
  7. Seizing memeber
    8 Time / Date Seized
    9 OHS considerations

BONUS
1. Offender name
2. Victim name
3. Name of person seized from

38
Q

Forensic case confernce benefits (5)

A
  1. Prioritise exhibits
  2. Discuss capabilities
  3. Case details / areas of interest
  4. Processing times
  5. Forensic value
39
Q

FIngerprinting deceased

A
  1. ID
  2. Elimination from exhibits
40
Q

Crime scene considerations

A

FOLLOW UP

41
Q

Supply - MDA

A

sell, supply, transport, administer, give, distribute dangerous drug
- whether or not for:
- fee, reward, consideration or
- expectation of fee, reward, consideration

Includes
offers to supply
preparation to supply
acts in furtherance of supply

42
Q

Manufacture - MDA (PERT)

A

Process by which a substance or thing is

Produced - except cultivation of plant
Extracted
Refined
Transformed from one substance to another

43
Q

Missing person

A

Person reported missing
- to police
- whereabouts unknown
- concerns for their safety or welfare

44
Q

Missing person - DRACULA

A

D - Delay
R - Reporting
A - Account
C - Corroboration
U - Unusual
L - Links
A - Accessed

45
Q

Arson

A

Person causes damage to a building or conveyance using fire or explosive substance
Fault elements
Intentionally uses fire or explosive substance
Intentionally causes or is reckless as to cause damage to a building or conveyance

Person makes a threat to another person to use fire or explosive substance to cause damage to building or conveyance
Fault elements
intentionally makes a threat
intends to cause or is reckless as to causing fear of another person, of the threat being carried out

46
Q

Missing person - defintition

A

Person reported missing to police;
Their whereabouts are unknown; and
There are concerns for the safety or wellbeing

47
Q

Missing persons - suspicious

A

D - Delay in reporting
R - Reporting persons bonafides
A - Accounts and auditable transactions
C - Corroboration.
U - Unusual or out of character
L - Links to other people after disappearance.
A - Access to communications.

48
Q

VPN

A

Virtual Private Network. Provides a secure connection between a device and a network. Used for privacy and anonymity.

49
Q

Cryptocurrency

A

Currency that exists digitally or virtually and uses cryptography to record transactions.

50
Q

Presumption of innocence

A

A person is presumed to be innocent until proven otherwise

51
Q

Intoxication

A

Unless intoxication is proven to be involuntary:
- presumed to be voluntary unless proven otherwise
- presumed the accused foresaw the natural and probable consequences of their actions

52
Q

Common purpose

A
  • 2 or more persons
  • form common intention to carry out an unlawful purpose
  • during the execution of the unlawful purpose, an offence is committed by one or some of them
  • presumed the other or others have aided or procured the offence
  • unless person proves they did not forsee the offence as a possible consequence of carrying out the unlawful purpose

common intention - 2 or more persons agree to engage in conduct where it would involve them, or some or one of them, in the commission of an offence

53
Q

Abbettors / accessories BEFORE the fact

ADC

A

Any person who
- aids a person to commit an offence
- does or omits to do an act to enable or aide a person to commit an offence
- counsels or procures a person to commit an offence

Is deemed to have taken part in committing the offence and can be charged with committing the offence

A person who counsels or procures can be charged with the offence OR counselling / procuring the offence

Same penalty applies for counselling / procuring as committing the offence

54
Q

Accessories AFTER the fact

A

A person who has knowledge that another person has committed an offence, and aids or receives that person to avoid prosecution.

55
Q

Self defence s43BD CCA

A

Not criminally responsible for conduct carried out in self defence

Circumstances for self defence
- defend themselves / another person
- prevent or stop unlawful detention of themselves / another
- protect property from unlawful appropriation, destruction, damage or interference
- prevent trespass on land or premise
- remove trespasser from land or premise

Not self defence
- intentionally inflicts death or serious harm for:
- protection of property
- prevention of trespass
- removal of trespasser
- responding to lawful conduct, knew the conduct to be lawful

Conduct is not lawful merely because the person carrying it out is not criminally responsible

56
Q

Intent to permanently deprive

A

Person A receives property from Person B without meaning Person B to permanently lose it;
Person A intends to treat the property as Person As own to dispose of regardless of Person Bs rights

57
Q

Obtain property by deception - 228AH

A

Person commits an offence when:

  • engage in deception
  • intend to permanently deprive another person of property
  • person obtains property of another person, and intended it
  • conduct is dishonest
58
Q

Unlawful access to data - 276B

A

A person commits an offence when they unlawfully accesses data on a computer and intend to:
cause loss, harm to person or third person entitled to the data OR
gain benefit of advantage personally or for third party

Person commits an offence if they use data that has been accessed unlawfully regardless of if they were the one to unlawfully access the data.

59
Q

4 motivations of a human source

A
  1. Letters of comfort
  2. Financial benefit
  3. Guilt
  4. Revenge
60
Q

Human source - definition

A

A person whose identity is to protected;
Provides confidential information to police on an ongoing basis to assist in the prevention or detection of crime.

Includes people with or without criminal records, backgrounds or associations;

Includes Youth HS, provisional HS, registered HS and community sources;

Does not include people obligated to provide information under mandatory reporting or ordinary witnesses.

61
Q

Surveillance - def

A

Covert observation of people, places, vehicles or things for information or evidence gathering, by physical or technical means.

62
Q

Surveillance devices (4)

A
  1. Optical.
  2. Listening.
  3. Tracking.
  4. Data tracking.
63
Q

Surveillance device warrants (2)

A
  1. Surveillance device warrant
  2. Retrieval warrant
64
Q

SDA - relevant offence

A

3 or more years imprisonment

65
Q

SDA - maximum period

A

90 days

66
Q

Prospective data - def

A

Realtime CCR / RCCR, geographic location of tower phone is using

67
Q

PD - relevant offence

A

3 or more years imprisonment

68
Q

PD - maximum period

A

45 days

69
Q

PSU assistance

A
  1. Identifying patterns of life for a target
  2. Gathering info / intel on a target
  3. Assisting with PTU installation
  4. Assisting with undercover operations
  5. Identifying LOI for a target
  6. Identifying VOI for a target
  7. Obtaining evidence of an offence
70
Q

SDA - emergency authorisation

A

Affidavit to be provided to a judge no longer than the day after the application is made

71
Q
A

DTC 1/24 (2 decks)

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