Final short answers Flashcards
AIM
Appreciation
The aim is the whole object of the exercise. It is the expression of what you are trying to achieve.
Appreciation
Define:
Commanders intent
Constraints
What you are tasked to do or what the situation may require you to do
Any limitations given to you by the commanders intent or out of other information.
Factors to consider
Appreciation
- Human Resources
- persons to be policed
- ground
- time
- area
- climate
- administration and logistics
- communications
- courses open to person being policed
- law
S & S
Section 117
Special power with application of search warrant
- S.W has been/about to be/currently being made
- officer present
- enter and secure place/vehicle/other (where authorisation is being sought)
- secure items
- direct any person to assist with entry/secure
- RGTB evidential material may be CADD before decision is made to grant/refuse S.W
- powers expire in 6 hours or when S.W arrives or is denied
Age for CPP and criteria
Under 18 at time of making complaint
- sexual abuse
- physical abuse
- neglect
CPP neglect
Person neglect or ill treats a child in a manner likely to cause actual bodily harm, injury, mental disorder, disability
- not providing food shelter
- not protecting child from physical harm
- not accessing medical treatment
- exposing child to drugs
- expose child to toxic chemicals
Physical abuse injuries/actions for CPP referrals
- blow or kick to head
- shaking an infant
- strangulation
- use of an object as a weapon
- attempted drowning
- a bone fracture
- burn
- concussion or loss of consciousness
- any injury hat requires medical attention
- any bruising or abrasion (when infant)
CPP timeframes
Critical - 24hrs
Very urgent - 48hrs
Urgent - 7 days
Initial 3 steps OT and police must follow
CPP
Referral (info sharing between the 2 agencies)
Consultation (discussion at appropriate levels)
Agreement (on initial action, initial joint investigation plan)
Definition of physical abuse
CPP
The actions of an offender that result in or could potentially result in physical harm or injury being inflicted on a child. This can also be known as a non-accidental injury. The test for seriousness is determined by considering the action, injury and circumstances.
Definition of sexual abuse
CPP
Act involving circumstances of indecency with, or sexual violation of, a child, or using a child in the making of sexual imaging
CPP circumstances
- Child Vulnerability (age, disablity)
- More than one offender (both parents, family members)
- History (other incidents, previous death of sibling)
- High degree of violence (frenzied, enhanced maliciousness or cruelty)
- Offenders history (severe and frequent family violence, criminal history)
- Location (educational or health facility)
- Nature and level of concern (notifier is witness, source)
Questioning a child
Do not ask if
- Child has made a clear disclosure to adult and the adult can give the information
- If it is unclear what the child has said AND there are no safety concerns
- if it becomes clear while speaking with child that an offence has occured
O/C Exhibit responsibilities
MURDERCLASP
Movement - record all movement of exhibits
Uniquely numbered - ensure all exhibits are
Receiving exhibits from O/C scene
Delivering the exhibits for examination or analysis
Exhibit register - record all exhibits
Relevance of the exhibits, consult the 2 I/C on the relevance and indicate any further enquiries required in relation to exhibit
Continuity maintained through chain of custody
Label - ensure all exhibits are labelled by the finder and accompanied by an exhibit schedule
At court, prepare the exhibits for producing in court
Secure the exhibits
Produce the relevant exhibits in court
Exhibit numbering system key atributes
Be Consistent
Allow delegation of exhibit numbers to the staff who will be using them
Cope with multiple scenes
Be compatible with technology, allowing searching to be conducted using exhibit numbers
Encompass all exhibits, e.g MEK’s, reference blood samples and photographs sent to ESR.
Exhibit numbers
Admin - 10000 Victim - 15000 Witness - 20000 Area Enquiries - 25000 Scenes - 30000 Suspects - 70000
Storing and examining exhibits
Ensure any prompt action necessary to preserve the exhibit has been taken, for example, drying wet or bloodstained clothing in an appropriate drying facility.
AIR DRY ENSURING NOT TO CROSS CONTAMINATE
Damages by Fire
Although fire damage will often involve burning or charring, it is not necessary that the property is actually set alight; melting, blistering of paint or significant smoke damage may be sufficient
Robbery
Act + Ingredients
Section 234(1), Crimes Act 1961 10 years
- Theft
- Accompanied By Violence OR Threats of Violence
- To any person “or” Property
- Used to extort the property stolen OR Prevent or overcome resistance to it being stolen
Commission of an imprisonable offence with a firearm
Act + Ingredients
Section 198B(1)(a), Crimes Act 1961 14 Years
- In committing any imprisonable offence
- Uses any firearm
Administers
In the context of drug dealing, the appropriate meaning of “administer” is “to
direct and cause a … drug to be taken into the system” of another person.
BLACK’S LAW DICTIONARY
Abduction
Section 208(a) or (b) or (c), Crimes Act 1961 14 years
- Unlawfully
- Takes away or detains
- A person
- Without his or her consent OR with his or her consent obtained by fraud or duress
- With intent to (a) marry him or her “or “ (b) have sexual connection with him or her “or” (c) cause him or her to be married to “or” to have sexual connection with some other person
ASA
Purpose of preliminary interview
Gain a better understanding of what has occurred and to determine:
- What further investigation actions are necessary
- Whether an offence may have occurred, and
- Whether the victim wishes to make a formal complaint
- Victim safety
- Public Safety
4 Steps in controlling a scene
FREEZE From or to scene, no movement. Remove animals and activity. Ensure nothing touched or moved. Every activity is stopped. Z Exhibits are protected
If movements are required keep a register
GUARD Guard is appointed and briefed. Use civilians if necessary Assembly point - SFP Rolls of emergency tape Define boundaries
CONTROL Clear the scene, take nothing. Order witnesses/suspects to clear area. Not to discuss with each other. Take witnesses/suspects to station. Rivals kept apart. Obtain full particulars. Left the area - Who has
PRESERVE
The preservation of the scene will rely on your reconnaissance and appreciation to ensure the scene is preserved for the formal scene examination.
All the main areas of examination and any possible exhibits must be protected.
Aggravated Wounding
Act + Ingredients
Section 191(1)(a) or (b) or (c), Crimes Act 1961 14 Years
- (a) With intent to commit or facilitate the commission of any imprisonable offence OR (b) With intent to avoid detection of himself or any other person in the commission of an imprisonable offence OR (c) With intent to avoid arrest or facilitate flight of himself or any other person upon the commission or attempted commission of any imprisonable offence
- Wounds any person OR Maims any person OR Disfigures any person OR Causes GBH to any person OR stupefies any person OR Renders Unconscious any person OR By any violent means renders any person incapable of resistance
Burglary
(Enters)
Act + Ingredients
Section 231(1)(a), Crimes Act 1961 10 years
- Enters
- Any Building or Ship
- Without Authority
- With intent to commit an imprisonable offence in the building or ship
Burglary
(already entered)
Act + Ingredients
Section 231(1)(b), Crimes Act 1961 10 years
- Having Entered
- Any Building or Ship
- Remains in it without Authority
- With intent to commit an imprisonable offence in the building or ship
Receiving
Act + Ingredients
Section 246(1), Crimes Act 1961
- Receives any property stolen or obtained by any other imprisonable offence
- Knowing that property to have been stolen or so obtained, or being reckless as to whether or not the property had been stolen or so obtained
Supply/Administer/Offer Class C controlled drug to persons Under 18 years of age
Act + Ingredients
Section 6(1)(d), MODA 1975 8 years
- Supplies or Administers OR Offers to Supply OR Offers to administer OR Otherwise deals in
- Class C controlled drug
- To any person under the age of 18 years old
Class A drug
+ 3 examples
CLASS A CONTROLLED DRUG
Means any controlled drugs specified or described in Schedule 1 to this Act.
SEC 2 MODA 1975
- Cocaine
- Heroin
- Methamphetamine
- Lysergide (LSD)
- Psilocybine (found in magic mushrooms)
How do you void title
- communicate directly with fraudster
- advise police before goods sold
- take all possible steps to contact fraudster
Aggravated Robbery
GBH
Act + Ingredients
Section 235(a), Crimes Act 1961 14 Years
- Robs any person
- And at the time of “or” Immediately before “or” Immediately after the robbery
- Causes GBH to any person
Aggravated Robbery
Two people
Act + Ingredients
Section 235(b), Crimes Act 1961 14 Years
- Being together with any other person “or” Persons
- Robs
- Any Person
Aggravated Robbery
Weapon
Act + Ingredients
Section 235(c), Crimes Act 1961 14 years
- Being armed with any offensive weapon OR Instrument OR Anything appearing to be such a weapon or instrument
- Robs
- Any person
Rape
RAPE
Person A rapes Person B if Person A has sexual connection with Person B, effected by the penetration of Person B’s genitalia by Person A’s penis,
(a) without person B’s consent to the connection AND
(b) without believing on reasonable grounds that Person B consents to the connection
Sec 128(2), Crimes Act 1961
Possession a Controlled Drug for Supply/Administer/Sell/Offer
Act + Ingredients
Section 6(1)(f), MODA 1975 Life / 14 yrs / 8 yrs
- Has in his possession
- Any controlled drug
- For any of the purposes set out in paras (c), (d) or (e)
Disfigures
DISFIGURES
To disfigure means to deform or deface, mar or alter the figure or appearance of a person.
The word disfigures covers not only permanent damage but also temporary damage
R v RAPANA and MURRAY
R v Kelt
Having a firearm “with him” requires “a very close physical link and a degree of
immediate control over the weapon by the man alleged to have the firearm with
him”.
Aggravated Wounding
Act + Ingredients
Section 191(1)(a) or (b) or (c), Crimes Act 1961 14 Years
- (a) With intent to commit or facilitate the commission of any imprisonable offence OR (b) With intent to avoid detection of himself or any other person in the commission of an imprisonable offence OR (c) With intent to avoid arrest or facilitate flight of himself or any other person upon the commission or attempted commission of any imprisonable offence
- Wounds any person OR Maims any person OR Disfigures any person OR Causes GBH to any person OR stupefies any person OR Renders Unconscious any person OR By any violent means renders any person incapable of resistance
O/C Scene responsibilities
COPS LECTURES
Control/freeze/preserve the scene and ensure its safe
Oversee and coordinate the crime scene examination.
Proving relevant exhibits in court
Staff briefed of their duties.
Link in communication between O/C investigation and the scene.
Ensure scene photo/fingerprints and examined by specialists before search.
Common approach path between police cordon and scene focal point.
Test possible reconstruction.
Uplift, label, record in exhibit recorder and transport exhibits to O/C exhibit.
Reconnaissance to gain overall picture
Airgun
SEC 2 AA 83 Airgun includes (a) Any air rifle, and (b) Any air pistol, and (c) Any weapon from which, by the use of gas or compressed air (and not by force of explosive) any shot, bullet, missle or other projectile can be discharged
CPP
Critical
24hrs
No safety or care identified; mokopuna is at risk of serious harm, and requires immediate involvement to establishment safety
CPP
Very Urgent
48hrs
At risk of serious harm but has some protective factors present for the next 48hrs. However, as the present situation and/or need is likely to change, high priority follow up is required
CPP
Urgent
7 days
At risk of harm or neglect and the circumstances are likely to negatively impact on mokopuna. Options of safety and supports have been explored but remain unmet. Vulnerability and pattern exists which limits the protective factors
Bail Act 2000
8(1)
Consideration of just cause for detention
(1) In considering whether there is just cause for continued detention the court MUST take into account -
(a) whether there is a risk that
(1) the defendant may fail to appear in court on the date to which the defendant has been remanded, or
(2) the defendant may interfere with witnesses or evidence, or
(3) the defendant may offend while on bail
(b) Any matter that would make it unjust to detain the defendant.
Bail Act 2000
8(2)
NSS CHAPT
Nature of offence Strength of evidence Seriousness of punishment Character and past conduct History of offending Any other special matter Prejudicial to the defence Time before trial
(1) In considering whether there is just cause for continued detention under subsection (1) the court MAY take into account -
(a) the nature of the offence with which the defendant is charged, and whether it is a grave or less serious one of a kind
(b) the strength of the evidence and the probability of conviction or otherwise
(c) the seriousness of punishment to which the defendant is liable, and the severity of the punishment that is likely to be imposed
(d) the character and past conduct or behaviour, in particular proven criminal behaviour, of the defendant
(e) whether the defendant has a history off offending while on bail, or breaching court orders, including orders imposing bail conditions.
(f) the likely length of time before the matter comes to hearing or trial
(g) the possibility of prejudice to the defence in the preparation of the defence if the defendant is remanded in custody
(h) Any other special matter that is relevant in the particular circumstances.
