Extra Short Answer Pool

Question 1

What is the difference between Rape and Unlawful Sexual Connection?

Answer 1

“Rape” is a specific form of sexual violation that involves the non-consensual
penetration of the complainant’s genitalia by the offender’s penis.

“Unlawful Sexual Connection” has a wider meaning, and includes any form
of non-consensual penetration or oral connection with a person’s genitalia
or anus

Question 2

Outline Recklessness and R v HARNEY?

Answer 2

Recklessness - A conscious and deliberate taking of an unjustifiable risk.
R v HARNEY - Recklessness involves a foresight of dangerous consequences that could well happen, together with an intention to continue the course of conduct regardless of the risk.

Question 3

Discuss the penalty for section 128B CA1961?

Answer 3

Everyone who commits sexual violation is liable to a term of imprisonment not exceeding 20 years.
A person convicted of sexual violation must be sentenced to imprisonment unless having regard to the persons circumstances or the circumstances of the offence the court thinks they should not be sentence to imprisonment

Question 4

When interviewing a child, what are two things that you must establish in regards to their knowledge?

Answer 4

On top of the ens rea and actu reus of the offence, must prove. Under Section 22(1) CA1961, you need to establish for a child aged between 10-14 years that they knew the act or omission was wrong or that it was contrary to the law.

Question 5

When is the offence complete and outline R v RUA?

Answer 5

The offence is complete once the prohibited substance is created, whether it is in a useable form or not.

R v RUA - Broadly covers the creation of controlled drugs by some process which changes the original substance into a particular controlled drug.

Question 6

What are the ingredients for Aggravated Wounding (Section 191 CA1961)?

Answer 6

(1) Everyone is liable to imprisonment for a term not exceeding 14 years who with intent -
(a) To commit or facilitate the commission of any imprisonable offence; or
(b) To avoid the detection of himself or any other person in the commission of any imprisonable offence; or
(c) To avoid the arrest or facilitate the flight of himself or any other person upon the commission or attempted commission of any imprisonable offence -
Wounds, maims, disfigures, causes GBH to any person, stupefies, renders unconscious any person or by any violent means renders any person incapable of resistance

Question 7

What are the ingredients of Aggravated Burglary (Section 232 CA1961)?

Answer 7

(1) Everyone is liable to imprisonment for a term not exceeding 14 years who -
(a) While committing Burglary, has a weapon with him or her or uses anything as a weapon; or
(b) Having committed Burglary, has a weapon with him or her or uses anything as a weapon, while still in the building or ship

Question 8

Four things to consider when profiling an addressee for a controlled delivery?

Answer 8

• Real person or fake name
• Connections to delivery address
• Relevant convictions, notings, associates
• Travel, Connections to country of origin

Question 9

Outline Section 134A CA1961?

Answer 9

(1) It is a defence to a charge under section 134, if the person charged proves that -
(a) Before the time of the act concerned, he or she has taken reasonable steps to find out whether the young person concerned was of or over the age of 16 years; and
(b) At the time of the act concerned, he or she believed on reasonable grounds that the young person was of or over the age of 16 ears; and
(c) The young person consented

Question 10

What is the definition of sexual assault?

Answer 10

Sexual assault includes but is not limited to:

• Sexual violation
• Indecent assault
• Any form of unwanted coercive touching or actions of a sexual nature or in the circumstances of indecency
• Any sexual abuse or exploitation by way of coercion, deceit, power of authority or mistaken believe
• Incest

Question 11

Why should the area canvass questionnaires be regularly reviewed?

Answer 11

Subsequent canvasses of the same or different areas may be required as facts or circumstances change and changes may be required to questionnaires used in subsequent canvasses.

Question 12

Outline Sane and Insane Automatism?

Answer 12

Sane Automatism - The result of sleepwalking, a blow to the head or the effects of drugs
Insane Automatism - The result of a mental disease
Both forms of automatism involve action without conscious volition.

Question 13

What must you prove for AATF?

Answer 13

• That the person (A) who is received, comforted or assisted (RCA) by the accessory (B) is party to an offence that has been committed.
• That, at the time of RCA that person (A), the accessory (B) knows that person (A) was a party to the offence
• That the accessory (B) RCA that person (A) or tampers with or actively suppressed any evidence against that person (A).
• That, at the time of RCA etc, the accessory’s (B) purpose was to enable that person (A) to escape after arrest or to avoid arrest or conviction

Question 14

What are the ingredients of Section 198B CA1961 (Commission of a Crime with a Firearm)?

Answer 14

(1) Everyone is liable to imprisonment for a term not exceeding 10 years who -
(a) In committed any imprisonable offence, uses any firearm; or
(b) While committing any imprisonable offence, has any firearm with him or her in circumstances that prima facie show an intention to use it in connection with that imprisonable offence

Question 15

What is Section 8 EA2006?

Answer 15

(1) In any proceeding, the judge must exclude evidence if its probative value is outweighed by the risk that the evidence will -
(a) Have an unfairly prejudicial effect on the proceeding; or
(b) Needlessly prolong the proceeding
(2) In determining the above, the judge must take into account the right of the defendant to offer an effective defence.

Question 16

Define Handler / Co-Handler?

Answer 16

A Handler or Co-Handler is a Police constable who has completed training to Level 1 in CHIS Handling. A Co-Handler assists the primary Handler or assumes the Handler’s role and responsibilities when required.

Question 17

How do you determine the seriousness of the offence?

Answer 17

• The action of the abuse
• The injury inflicted
• The circumstances

Question 18

Section 165 of the CA1961 details the offençe of çausing death that might have been prevented.

• Explain the legislation as it relates to s165
• given an example to the leading case law

Answer 18

• everyone who by any act or omission causes the death of another person kills that person, although death from that cause may have been prevented by resorting to proper means.
• R v Blaue, jehovahs witness example not accepting a blood transfusion on religious belief, after being stabbed and then dying.

Must take your victims as you find them.

Question 19

On being appointed OC area canvass on a homicide your first task is to make a reconnaissance of the scene and area. When that has been compelted, what matters would you discuss with OC investigation?

Answer 19

• the extent of the action to be taken
• ID parametres to be covered, including physical boundaries
• assess the staff, transport, and other resource required

Question 20

Why is a charge of attempted murder more difficult to proce than a charge of murder?

Answer 20

• A charge of attempted murder requires the specific attempt to kill, whereas murder can be established if the prosecution proves an intent to cause bodily injury that the offender knew was likely to cause death

Question 21

Define a hostile witness - s4 Evidence Act?

Answer 21

• exhibits, or appears to exhibit a lack or veracity when giving evidence unfavourable to the party who called the witness on a matter about which the witness may reasonably be supposed to have knowledge; or
• gives evidence that is inconsistent with a statement made by that witness in a manner that exhibits, or appears to exhibit an intention to be unhelpful to the party who called that witness; or
• refuses to answer questions or deliberately withholds evidence

Question 22

Difference between murder and manslaughter?

Answer 22

The critical factors to consider for a charge of Murder are whether the offender intended to;

• Kill the person, or
• Cause bodily injury that the offender knew was likely to cause death

If neither of these intentions can be proven the most likely charge is manslaughter.

Question 23

Sexual Case - s4

Answer 23

Means a criminal proceeding in which a person is charged with or is waiting to be sentenced or otherwise dealt with for

(a) An offence against any of the provisions of sections 128 to 142A or section 144A CA1961, or
(b) Any other offence against the person of a sexual nature