Final Exam Revision Flashcards by Adam Irvine

Question 1: You are called to a street in Liverpool following reports of shots being fired into a house. A male approaches you and tells you he saw the get away car being driven away.

When you ask him for his name and address he refuses to give you his particulars. Under these circumstances, what is the most appropriate course of action?

Require his identity using Section 11(1) of the Law Enforcement (Powers and
Responsibilities) Act 2002 (NSW)

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A Police Officer may carry out a strip search of a person in any place other than a police station if the police officer suspects on reasonable grounds that:

The strip search is necessary for the purposes of the search and that the seriousness and urgency of the circumstances make the strip search necessary

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Where do Police get the power to detain a person for the purpose of applying for and serving an Interim Apprehended Personal Violence Order (APVO)?

Section 89, Crimes (Domestic and Personal Violence) Act 2007 (NSW)

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Police attend a residential address in relation to domestic violence. Whilst in the premises, the police are informed there is a firearm in the house but it was not used as part of the alleged offence. In this situation, the police should:

As soon as reasonably practicable take action to search for and seize the firearm.

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Police attend a domestic situation where a male offender is threatening violence against the victim. The officers apply for a Provisional Apprehended Violence Order to protect the
victim.

The offender attempts to leave the location and also refuses to comply with a reasonable direction to go to another nominated location until the order is served. What should the officers do
in the circumstances?

Detain the male until such time as the order is issued and served.

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A driver must provide an explanation of the circumstances of a motor vehicle crash under Road Rule 287 Australian Road Rules 2008 (NSW). What are the requirements in relation to police cautioning the driver of vehicle 1 (offending drive)?

Police are required to caution after obtaining an explanation if they have further questions regarding the crash.

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What is the meaning of a personal Personal Violence Offence [IBADGASO]

Include section and Act:

I – Intimate images

B – Breach of Apprehended Violence Order

A – All manner of assaults

D – Damage to property

G – Guns

A – Attempts at these things

S – Stalking and Intimidation

O – Other Offence

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An intoxicated male is behaving in a disorderly manner in Prince Street, Rossiville on Friday Night. Police issue the man with a move-on direction on at 11pm.

Which one of the statements most accurately reflects the requirements of Section 198 (6) Law Enforcement (Powers and Responsibilities) Act 2002 (NSW)?

A Police Officer must give a warning to the person who is intoxicated and disorderly in a public place that it is an offence to be intoxicated and disorderly in Prince Street or another public place for a period of 6 hours.

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What is the Meaning of “Domestic Relationship” [MISSDORA]

Include section and act

Crimes (Domestic and Personal Violence) Act Section 5 Meaning of “domestic relationship”

MISSDORA

Married
Intimate
Same household
Same care facility
Defacto
Ongoing care / unpaid care
Relative

ATSI

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In accordance with Section 32 (7) Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), when conducting a search on a person, the search must be conducted by?

A Police Officer of the same sex.

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Section 206 of Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) LEPRA provides the power to detain intoxicated persons. What is the definition of an intoxicated person that is relevant to this section?

Means a person who appears to be seriously affected by alcohol or another drug or a combination of drugs.

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You are called to a local take-away shop where a male has robbed the employee of money using a knife. The suspect was seen to get into a white Commodore Sedan which is registered to a local woman.

You attend the address a short time later. The car is not there, however, the owner of the car is home. What can you demand from the woman?

The identity of the driver under Section 14 (1) Law Enforcement (Powers and Responsibilities) Act 2002 (NSW)

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You attend Rossiville High School regarding a male allegedly supplying cannabis leaf to school students after they have left the school grounds.

You have the suspect identified by one of
the students that he approached. Based on that information, you decide to lawfully search him
under?

Section 21(1)(d) of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW)

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In accordance with Part 7, Section 88 Law Enforcement (Powers and Responsibilities) Act (NSW) 2002 a police officer who is lawfully on premises (whether by authority of a crime scene
warrant or for any other lawful reason) may?

Establish a crime scene, and exercise crime scene powers in accordance with this Part, and stay on the premises for those purposes.

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What is the meaning of stalking include ACT and section

S 8 Crimes (Domestic and Personal Violence) Act

(a) the following of a person about, or
(b) the watching or frequenting of the vicinity of, or an approach to, a person’s place of residence, business or work or any place that a person frequents for the purposes of any social or leisure activity or
(c) contacting or otherwise approaching a person using the internet or any other technologically assisted means.

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What is the meaning of intimidation? Include section and ACT

S 7 Crimes (Domestic and Personal Violence) Act Meaning of “intimidation”

a) conduct (including cyberbullying) amounting to harassment or molestation of the person, or
(b) an approach made to the person by any means (including by telephone, telephone text messaging, e-mailing and other technologically assisted means) that causes the person to fear for his or her safety, or
(c) any conduct that causes a reasonable apprehension of injury to a person or to a person with whom he or she has a domestic relationship, or of violence or damage to any person or property.
(2) For the purpose of determining whether a person’s conduct amounts to intimidation, a court may have regard to any pattern of violence (especially violence constituting a domestic offence) in the person’s behaviour (i.e., history of any violence).

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What section and act is the offence for stalking and intimidation with intent to cause fear?

What are the elements of the offence?

Crimes (Domestic and Personal Violence) Act 2007 (NSW), Section 13

Elements of Stalking and Intimidation

The defendant

Stalks or Intimidates

Another person (the victim)

Intending to cause the other person to fear

Physical harm, or mental harm

To the victim themselves, or to a person with whom the victim has a domestic relationship

What are the 4 types of Avo’s [PINF]

PINF

Provisional (police apply through SGT if IROSH present)
Interim (court order granted based on offence)
Non-urgent (a summons to appear before court exists, no IROSH)
Final (final order by court, in place for 12 months unless stated differently by the courts)

Elelments of taking conveyance without consent. [WAKT]

Elements: WAKT

Without consent

Accused

Knowing the the conveyance had been taken wthout consent

Takes Conveyance

Section 105 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) allows police to discontinue an arrest in a number of those circumstances.

Which one of the following is one of those circumstances?

Where a person in no longer a suspect or the reason for their arrest no longer exists.

PCA ranges

Novice = >0.000 to <0.02

Special = >0.02 to <0.05

Low = >0.05 to <0.08

Medium = >0.08 to <0.150

High = 0.150 or above

( of alcohol in 210 litres of breath, or 100ml of blood )

Police observe a motor vehicle committing an offence and signal the driver to stop so they can speak with him. The driver is unable to produce a current drivers licence and a radio check of his details indicates he has been disqualified by a court from driving due to previous offences. \

The Police also detect alcohol on the mans breath and a direct breath test indicates a reading of 0.035. The police should:

Arrest the driver for the purpose of a breath analysis under Clause 4 of Schedule 3 in the Road Transport Act 2013 (NSW), Clause 4 and take appropriate action in relation to the Disqualified Driving offence regardless of the final breath analysis reading.

About 1am on a Saturday morning, a robbery is committed at a suburban convenience store. The lone offender uses a hunting knife to force the store attendant into handing over several cartons of cigarettes. The offender leaves the store, quickly throws the carton onto the back seat of his car and
drives off.

Police attend the location and speak to the store attendant. He is unable to describe the mans face
as he was wearing a balaclava but recognises the getaway car is a black coloured Subaru Impreza with NSW registration plates, ABC 123.

Twenty minutes later, police notice a dark blue Subaru Impreza with NSW registration plates, ABC123 parked at the side of the road in an industrial area less than 5km from the crime scene.

The police notice a person walking around the car and putting something down the back of his pants.
The police approach the vehicle and talk with the male, who remains outside the vehicle.

The male states he is simply tired and stopped for a rest but the police notice there is a blanket covering what appears to be cartons on the back seat. A CNI check of the drive’s details reveals he has a history of stealing and receiving offences, with the most recent being only three months ago.

The police also establish there are intelligence reports relating to this person being involved with
gang activity in the local area, particularly in relation to selling stolen goods.

**Question 1a: Assuming the police have established reasonable suspicion, indicate what power the
police would use to search the person in this scenario. Refer to the act and section.

Question 1b: Explain why you used this particular piece of legislation indicating what item you
suspect on reasonable grounds might be in their possession or under their control**

Answer 1a: Section 23, LEPRA

Answer 1b: Section 23, LEPRA - The man possesses a dangerous implement in a public place.

Scenario 3
Police have just breath tested a 32-year-old driver with a NSW Learners Permit. The direct roadside breath test returns a reading of 0.030.

**Question 3a: In relation to the roadside breath test result, what action would you take?

Question 3b: Explain your answer to part a)?**

Answer 3a: Arrest for breath analysis.

Answer 3b: A Learner Driver has a 0.000 limit.

What are the phases of the Cycle of Violence?

Scenario 2 About 1am on a Saturday morning, a robbery is committed at a suburban convenience store. The lone offender uses a hunting knife to force the store attendant into handing over several cartons of cigarettes. The offender leaves the store, quickly throws the carton onto the back seat of his car and drives off. Police attend the location and speak to the store attendant. He is unable to describe the mans face as he was wearing a balaclava but recognises the getaway car is a black coloured Subaru Impreza with NSW registration plates, ABC 123. Twenty minutes later, police notice a dark blue Subaru Impreza with NSW registration plates, ABC123 parked at the side of the road in an industrial area less than 5km from the crime scene. The police notice a person walking around the car and putting something down the back of his pants. The police approach the vehicle and talk with the male, who remains outside the vehicle. The male states he is simply tired and stopped for a rest but the police notice there is a blanket covering what appears to be cartons on the back seat. A CNI check of the drive’s details reveals he has a history of stealing and receiving offences, with the most recent being only three months ago. The police also establish there are intelligence reports relating to this person being involved with gang activity in the local area, particularly in relation to selling stolen goods. **Question 2a: Assuming the police have established reasonable suspicion, indicate what power the police would use to search the vehicle in this scenario. Refer to the act and section. Question 2b: Explain why you used this particular piece of legislation indicating what item you suspect on reasonable grounds might be contained in the vehicle.**

Answer 2a: Section 36, LEPRA Answer 2b:There is a reasonable suspicion that the boxes are stolen or otherwise unlawfully obtained.

Scenario 4 Police receive a report from neighbours of screaming and loud arguing from a house well known for domestic violence offences. When police arrive, the premises are quiet and there is no sign of a disturbance happening at that time. A man answers the door to the officers but refuses to let them in. Police notice the mans wife in the house and although appearing to be emotionally upset, she appears to have no visible injuries and does not give any indication for the police to enter. **Question 4a: What course of action should officers take in these circumstances in order to enter the property and investigate the matter? Question 4b: How are the police able to justify this action based on the relevant legislation? Question 4c: Cite the Act and Section of the relevant legislation?**

Answer 4a: Apply for a warrant to gain entry Answer 4b: Police Suspects that a domestic violence offence has occurred & necessary to enter to investigate. Answer 4c: Section 83, LEPRA

Scenario 5 Police attend a residential address in relation to a report of domestic violence. Upon arrival at the house, Police speak with a woman who says she resides there. She says she has been threatened by her husband who is inside, and invites the police to enter the premises. The woman leads police into the lounge room of the house. Sitting in the room is a man who the woman indicates is her husband. The man appears to be moderately intoxicated. He says to the police, “Piss off out of my house, this is nothing to do with you.” **Question 5a: What power have police used in order to enter the house to investigate the matter? Indicate the Act and the Section. Question 5b: Should the police leave the house because they are told to do so by the husband? Yes or no. Question 5c: Explain your answer to part b).**

Answer 5a: Section 82, LEPRA Answer 5b: No Answer 5c: The police have been invited in by a person who is apparently a DV victim and resides in the house, they may remain to investigate and take action to prevent further under s.82 (3) even if another occupier asks them to leave.

Scenario 7 Police are called to a domestic violence incident. Whilst travelling to the job, police perform an ILS (Integrated Licensing System) check, which indicates there is a firearm registered to the premises. On attending the scene, police enquire about the presence of firearms but are told by both the occupants of the house that there are no firearms present, nor is there any allegation of firearms being used in the incident. Given all the circumstances, the police still have reasonable grounds to believe there is a firearm soon the premises. **Question 7a: At this time, do police have the power to immediately search for firearms? Yes/No Question 7b: Explain your answer to part a). Question 7c: Indicate what action the police should now take?**

Answer 7a: No Answer 7b: Police do not have any power to immediately search for the firearm as they were informed there are no firearms present. Answer 7c: Police have reasonable grounds to believe one is present (based on the ILS check) but police must first apply for a warrant to search for and seize firearms under Section 86 of LEPRA.

When must police apply for provisional avo? [DSC]

**_DSC_** * Domestic violence offence has / was / likely to occur. * Stalking / intimidation has / was / likely to occur. * Child abuse. (police must hold IROSH, if no IROSH present apply for non-urgent)

Element of break and enter commit serious indiatble offence [ABCDE]

Elements of offence: [ABCDE] Accused Breaks Commits serious inditable offence Dwelling/house Enters

PCA / DUI clauses

Cl 3 = power to conduct breath test Cl 4 = arrest for breath analysis (failed breath test) Cl 5 = breath analysis following arrest (back at station or booze bus) Cl 11 = blood samples to be taken from patient at hospital following crash (what type of kit?) Cl 12 = power to arrest person involved in fatal / likely to be fatal accident for blood / urine **_Cl 13 = sobriety assessment – driver has returned negative RBT so you decide to do a sobriety assessment roadside._** IN EXAM Cl 14 = arrest following failure to submit to or failure to pass sobriety assessment.

9 Power to enter in emergencies

1) A police officer may enter premises if the police officer believes on reasonable grounds that— (a) a breach of the peace is being or is likely to be committed and it is necessary to enter the premises immediately to end or prevent the breach of peace, or (b) a person has suffered significant physical injury or there is imminent danger of significant physical injury to a person and it is necessary to enter the premises immediately to prevent further significant physical injury or significant physical injury to a person, or (c) the body of a person who has died, otherwise than as a result of an offence, is on the premises and there is no occupier on the premises to consent to the entry. (1A) Before entering premises under subsection (1)(c), the police officer must obtain approval to do so (orally or in writing) from a police officer of or above the rank of Inspector. (2) A police officer who enters premises under this section is to remain on the premises only as long as is reasonably necessary in the circumstances.

S 32 LEPRA Preservation of Dignity [RIPDGQQSC]

**[RIPDGQQSC]** **R**emoval of clothing is required and why **I**nvasive-least invasive possible **P**rivacy **D**ress- Allow them to dress immediatley **G**enitals- Cannot inspect the genitals **Q**uestion- Can't be question while being searched **Q**uickly- As quickly as possible **S**ame sex **C**o-operation

S 33 LEPRA Rules for conduct of strip search [PPCR]

**[PPPCRV]** **P**rivacy **P**resence of opposite sex/Presence of anyone onot required **P**resence of guardian if 10-18/impaired **C**avitys- cannot search cavitys/Search body by touch **R**emoval of clothing-no more than necassary Visual inspection- No ore than is required

What section are the following in the Crimes [domestic and personal violence] Act Definitions Meaning of "personal violence offence" Meaning of "domestic relationship".

Definitions= **Section 3** Meaning of "personal violence offence"= **Section 4** Meaning of "domestic relationship"= **Section 5**

Police conduct a lawful search of a vehicle as per Section 36 of LEPRA 2002 (NSW). Police locate a backpack containing $10,000 cash in the boot of the vehicle. The driver is unemployed and offers no explanation of how he came into possession of the cash. The offence that police would consider in this circumstance is: a) Goods In Custody b) Receiving stolen property

**a) Goods In Custody - correct** Police cannot establish that the driver knows that the cash is stolen/unlawfully obtained. It is reasonable to suspect that the $10’000 is stolen/ unlawfully obtained. If the defence of - driver had no reasonable grounds for suspecting that the 10,000 was stolen or otherwise unlawfully obtained is raised/used by the accused’s council, the onus of proof is upon them to satisfy the court (to the standard of balance of probabilities) of this fact.

Define novice range and special range PCA

**_Novice Range PCA (0.001 - 0.019) applies to:_** Learner licence holders Provisional P1 and P2 licence holders Unlicenced drivers who have NEVER held a licence of any kind in NSW or any State or Territory of Australia. Source: Road Transport Act 2013 No 18 Division 1 Interpretation Sect 107 (1) **_Special Range PCA (0.020 - 0.049) applies to:_** A driver whose licence has been refused, cancelled, disqualified, suspended, or expired (more than 6 months) A driver of a public passenger vehicle (bus, taxi, uber) A driver of a coach (seats 8+ persons for hire/reward) A driver of a heavy motor vehicle (weighing in excess of 13.9T) A driver of a vehicle carrying dangerous goods (must display warning signs) A driver of a vehicle carrying radioactive substance Supervisor of Special Category driver (someone learning to drive a vehicle as mentioned above, e.g; heavy motor vehicle. If in doubt, imagine the supervisor in the driver's seat) Unlicenced - inappropriate licence (e.g.: driving a m/vehicle with a 'C' class licence when one requires an 'LR' class licence or above)

Elements of Stalking and Intimidation

The defendant Stalks or Intimidates Another person (the victim) Intending to cause the other person to fear Physical harm, or mental harm To the victim themselves, or to a person with whom the victim has a domestic relationship

What are the four types of AVO: **[PINF]**

* Provisional (police apply through SGT if IROSH present) * Interim (court order granted based on offence) * Non-urgent (a summons to appear before court exists, no IROSH) Final (final order by court, in place for 12 months unless stated differently by the courts