Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

DDC 2019 > Final Exam > Flashcards

Final Exam Flashcards

1
Q

What are the elements of Sexual Conduct With A Young Person Under 16?

A
  • A person
  • Has Sexual Connection
  • With a Young Person
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What information will be given to an offender about the complainant/victim?

A

Victims name
Victims age
The allegation against them

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Define ‘Consent’.

A

Consent is a persons conscious and voluntary agreement to do something desired or proposed by another.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

For sexual offences, what is the Case Law the relates to consent? What was held?

A

R V COX - Consent must be full, voluntary, free and informed, freely and voluntarily given by a person in a position to form a rational judgement.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What are the elements for Aggravated Robbery Section 235 (c) C.A. 1961?

A
  • Being armed with any offensive Weapon or instrument, or anything appearing to be an offensive weapon or instrument
  • Robs
  • Any person
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Define ‘Offensive Weapon’.

A

Offensive weapon means any article made, altered or intend to be used for causing bodily injury, or a person having such an article with them for such use.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Define ‘Stupefy’.

A

Means to induce a state of stupor, to make stupid, groggy or insensible. To dull the senses or faculties.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is the Case Law that relates to ‘Stupefy’? What does it say?

A

R V STURM
To stupefy means to cause an effect on the mind or nervous system of a person, which really seriously interferes with that persons mental or physical ability to act in any way which might hinder an intended crime.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is the three step reasonableness test in relation to consent?

A

Subjective - What was the complainant thinking at the time? Were they giving consent?
Subjective - What was the defendant thinking at the time? Did he believe that the complainant was consenting?
Objective - What would a reasonable person have believed if placed in the same position as the defendant?

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What are your powers under Section 16 of the Search and Surveillance Act 2012?

A

You may search a person without a warrant in a public place if the Constable has reasonable grounds to believe that the person is in possession of evidential material relating to an offence punishable by imprisonment for a term of 14 years or more.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What does A.D.V.O.K.A. stand for?

A 
A - Amount of time observed
D - Distance
V - Visibility
O - Obstructions
K - Known to the witness
A - Any reason to remember
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

List the duties of a Scene Guard.

A

Secure the scene, Control and record movements, Protect scene, Brief replacement, Inform O/C.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Define ‘Renders Unconscious Any Person’.

A

The offenders actions must cause the victim to lose consciousness.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

How do you prove penetration?

A
  • The complainants evidence
  • Through medical examination (DNA, injuries)
  • The offenders admissions
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

List three contact details for a Victim that are withheld from the offender.

A
  • Cell phone number
  • Home phone number
  • Email address
  • Work address
  • Home address
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

List the three intents for Aggravated Wounding outlined in Section 191 of the Crimes Act 1961.

A

a) with intent to commit of facilitate the commission of any imprisonable offence
b) With intent to avoid the detection of himself or of any other person in the commission of any imprisonable offence
c) With intent to avoid the arrest or facilitate the flight of himself or of any other upon the commission or attempted commission of any imprisonable offence

17
Q

What is the monitors role in an interview?

A
  • Record the interview content and identify RIIT’s
  • Be alert to interviewer errors
  • Take accurate interview notes
  • Record significant times during the interview
  • Provide feedback on the interview content during breaks
18
Q

What is the difference between ‘Receiving Property’ and ‘Accessory After the Fact’?

A

Receiving dishonestly obtained property iis not generally done with a view to assist a person with evading justice. When a person receives property with such an intention then a charge of Accessory After the Fact should be considered.

19
Q

What offences are defined as ‘Specified Offences’ under Section 29 of the Victims Rights Act 2002?

A
  • An offence of a sexual nature
  • An offence of a serious assault
  • An offence that has resulted in serious injury, a person becoming incapable or death
  • An offence of another kind that has led to the victim having ongoing fears, on reasonable grounds, for his or her safety/security or for the physical safety of 1 or more of their immediate family members
20
Q

What is the defence outlined under Section 134A, Crimes Act 1961?

A

a) Before the time of the act concerned, he or she had 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, he or she believed on reasonable grounds that the young person was of or over the age of 16; and
c) the young person consented

21
Q

According to the Victim Rights Act 2002, define ‘Victim’.

A

Victim Rights Act 2002 Sec. 4(a)

(i) a person against whom an offence is committed
(ii) a person who by means of an offence , suffers physical injury or damage/loss of property
(iii) a parent or guardian of a young person who falls into paragraph (i) or (ii) (unless they are the offender)
(iv) a member of the immediate family of a person who dies or is incapable as a result of an offence (unless they are the offender)

22
Q

What are your powers under Section 15 of the Search and Surveillance Act 2012?

A

You may enter and search a place without warrant if:

  • RGTS that an offence punishable by 14 years or more has, is or is about to be committed, and;
  • Believe that EM relating to he offence is in that place and if entry is delayed, the EM will be CADDR.
23
Q

What are your requirements under Section 125 of the Search and Surveillance Act 2012 when searching a person?

A

You must provide them with:

  • The reason for the search
  • The Act under which you are operating
  • Your name or unique identifier
  • If not in uniform, produce ID
24
Q

What are some examples of initial action you could take with a suspect found at a scene?

A
  • Separate/Isolate the suspect
  • Take details
  • Consider photographing the suspect
  • Consider a preliminary interview
  • Note description/demeanour
25
Q

What is the Case Law in relation to Physical Proximity? What does it state?

A

R V JOYCE
The Crown must establish that at least two persons were ‘physically present’ at the time the robbery was committed or the assault occurred?

26
Q

What is the Case Law in relation to ‘Being Together’ or ‘Joint Enterprise’? What does it state?

A

R V GALEY
‘Being together’ in the context of Section 235(b) involves two or more persons having the common intention to use their combined force, either in any event or as circumstances might require, directly in the perpetration of the crime.

27
Q

List the Act and section for Sexual Violation by Rape. What are the elements?

A 
Sexual Violation by Rape
Section 128(1)(a) Crimes Act 1961
-A person
-Rapes
-Another Person

DDC 2019 (11 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions