First Summative Flashcards
Search and Surveillance Act 2012
SECTION 84
WARRANTLESS ENTRY AND SEARCH OF VEHICLE (IN PP) AFTER ARREST
Search and Surveillance Act 2012
SECTION 16
May search PERSON
IN PUBLIC PLACE
if RGTB
EVIDENTIAL MATERIAL RELATING TO SERIOUS OFFENCE INSIDE (14 YRS IMPRISONMENT)
Search and Surveillance Act 2012
SECTION 17
Warrantless entry and search of vehicle for evidential material relating to certain offences.
You may SEARCH A VEHICLE IN PP RGTB EM RELATING TO SERIOUS OFFENCES (14 yrs)
Search and Surveillance Act 2012
SECTION 117
Special powers where application for search warrant pending
MAY ENTER AND SECURE PLACE, VEHICLE OR THING.
If SW ABOUT TO BE MADE OR HAS BEEN MADE AND HAS NOT YET BEEN GRANTED OR REFUSED AND THE OFFICER IS PRESENT AT THE PLACE OR VEHICLE.
RGTB CADD
Search and Surveillance Act 2012
SECTION 20
WARRANTLESS SEARCH OF PLACES AND VEHICLES IN RELATION TO MODA 75.
RGTB - drug inside
RGTS - offence committed/ about to be committed
RGTB - CADD
What is CRIMES ACT 267 (1)(a)?
Arson - Danger to Life
INTENTIONALLY OR RECKLESSLY
DAMAGES BY FIRE (or explosive)
ANY PROPERTY
KNOWS OR OUGHT TO KNOW THAT DANGER TO LIFE IS LIKELY TO ENSUE
What are the elements to Section 267(1)(a)?
INTENTIONALLY OR RECKLESSLY
DAMAGES BY FIRE (or explosive)
ANY PROPERTY
KNOWS OR OUGHT TO KNOW THAT DANGER TO LIFE IS LIKELY TO ENSUE
What is the definition of PROPERTY in arson (s.267)
PROPERTY INCLUDES REAL AND PERSONAL PROPERTY AND ANY ESTATE OR INTEREST IN ANY REAL OR PERSONAL PROPERTY
Define recklessness
The conscious and deliberate taking of an unjustified risk.
Consequence could well happen and the person intentionally continued regardless
R V HARNEY
What is the DAMAGES BY FIRE definition and CASELAW??
R V ARCHER
property may be damaged if it suffers permanent or temporary physical harm.
DEFINITION IS
burning or charring or melting, blistering of paint or significant paint damage
What is crimes act 1981 SECTION 228 (1)(b)?
USED OR ATTEMPTS TO USE DOCUMENT
with intent to obtain Any property, service, pecuniary advantage or valuable consideration Dishonestly Without claim of right Uses or attempts to use Document
What is the definition of document?
R V MISIC
A thing that provides evidence or information
In deception, defined a title
A legal right to property
In deception, define voidable title and explain how the title can be voided
The title obtained thought fraud can be voided or vacated by the seller.
Seller has to take all steps necessary to contact the fraudster, then has to tell police.
In deception what is false representation?
A representation the defendant knows to be false. It has to include 2 things:
- intent to deceive
- a representation made by defendant they know to be false or reckless as to how it’s perceived.
What is a passive custodian?
R V WILDBORE
a person who has the drugs and relinquishes custody of it to meet the needs of another. It doesn’t matter how, it is just sufficient when there is a transfer of custody.
What is Section 6(c) of MODA75?
Supplies, administers or offers to supply or administer a controlled drug A or B class.
What’s the definition of giving? And the two case laws?
R v During = involves the intimation that a person is ready on request to supply
R v Brown = the making of such an intimation with the intention the person understands it as a genuine offer
What is Section (6)(6)
Statutory presumptive amounts
If a person is found with a certain amount of drugs, it is considered to be possession for supply unless they can prove otherwise
What is the crimes act 1961 section 208?
ABDUCTION
unlawfully
Takes away or detains
A person
Without his or her consent or consent obtained by fraud or duress
With intent to marry him or her or with intent to have sexual connection with him or her or with intent to case him or her to be married or with intent to cause him or her to have sexual connection with another person
What is 188(1) of crimes act ?
Wounds with intent to gbh
With intent to gbh
To person
Wounds etc
Person
What is 188(2)?
With intent to injure or with reckless disregard for the safety of others, wounds etc
What is Section 310 of the crimes act?
Conspiring to commit an offence.
- an agreement between 2 or more people
- an agreement to commit an offence
- an intention to commit offence.
Define recklessness in serious assaults and in arson.
R V HARNEY
CONSCIOUSLY and DELIBERATELY taking an UNJUSTIFIED RISK.
It must be proved the defendant:
1) was aware of the risk and proceeded regardless (SUBJECTIVE).
2) That it was unreasonable to do so (OBJECTIVE).
What is the definition of GBH?
Harm that is really serious
What’s 191(1)(c) of crimes act 1961?
AGGRAVATED WOUNDING OR INJURY
- With intent
- To avoid arrest or facilitate the flight of himself or any other person
- upon the commission or attempted commission of an imprisonable offence,
- Wounds, maims, or causes GBH or stupifies or renders unconscious any person, or by any violent means renders person incapable of resistance.
What is a pecuniary advantage?
Anything that enhances a person’s financial position. It is that enhancement which constitutes the element of advantage.
HAYES V R
What is a Valuable Consideration?
Anything capable of being valuable consideration whether of a monetary kind or of any other kind; in short, money or money’s worth.
Define property
Property includes real and personal property and any estate of interest or personal property, money, electricity, any debt, and an thing in action, any other right or interest.
What is Section 310 of CA 1961?
CONSPIRING TO COMMIT AND OFFENCE
What four things need to be proved for the offence of CONSPIRING TO COMMIT AN OFFENCE ?
Two or more people involved
There was an agreement made
The agreement was to commit an offence
At the time of agreement their intention was to commit the offence.
