Formative 1 Flashcards
SELF
Scrutiny
Ethical
Lawful
Fair
Criminal liabilities
Child under 10years CANNOT BE CHARGED
Children between 10 & 14 CAN BE CHARGED with a criminal offence but there is a PRESUMPTION that a child between these ages DOES NOT YET HAVE THE CAPACITY to know right from wrong
Rules of evidence
Facts in issue: are central facts which must be proven beyond a reasonable doubt
Types of evidence
Hersay: not perceived personally/ received second hand
Opinion: is inadmissible. Only from experts and non-experts
Character: prosecution witnesses have been asked questions by the defense in attempt to show the defendant is of good character when the defense have given evidence of the defendants good character
Burden of proof for police/prosecution
Beyond reasonable doubt
Different states of mind
Intention: desire and foresee
Recklessness: foresees the event will occur does not particularly desire it to occur
Negligent: fails to foresee the consequences
Classification of offences
Summary: $2500 or less , no imprisonment
Minor indictable: imprisonment under 5 years , 30 k or less
Major indictable: over 5 years imprisonment, over 30k
Simple identity procedures
(Intrusive forensic procedure)
Involves EXPOSURE of/or contact with GENITAL OR ANAL AREA, BUTTOCKS or BREAST REGION of female or, DENTAL IMPRESSION, SAMPLE OF BLOOD
Simple identity procedures
(Simple forensic procedure)
1) simple identity procedure
2) gunshot residue procedure
3) forensic procedure
Simple identity procedure
(Simple identity procedure)
Prints of hands or fingers, buccal swab or finger-prick
RTA s40 V (1)
The persons FULL NAME
the persons DATE OF BIRTH
address of where PERSON IS LIVING
address of where PERSON USUALLY LIVES
the persons BUSINESS ADDRESS
RTA s40 V (2)
authorized officer suspects natural person whose personal details are unknown to the officer is or may be a REASONABLE PERSON or has COMMITTED/ COMMITTING/ ABOUT TO COMMIT a Australian road law offence
(c) may be able to assist in the investigation
(d) may be the driver / other person, involved in an accident
ARR rule 304
a person MUST OBEY any REASONABLE DIRECTION for SAFE AND EFFICIENT REGULATION of TRAFFIC given to by a POLICE OFFICER OR AUTHORISED PERSON
SOA S74 AB verbatim
A police officer may ask a person questions for the purpose of obtaining information that may lead to the identification of the person who was driving, or was the owner of, a vehicle on a particular occasion or at a particular time
Defect legislation RTA s145 verbatim
Authorised officer MAY DIRECT driver of vehicle to STOP THE VEHICLE may EXAMINE THE VEHICLE if vehicle has DEFICIENCIES or officer SUSPECTS ON REASONABLE GROUNDS that vehicle has deficiencies
RTA s43 (1)
Duty to stop
Driver
Vehicle
Accident or incident/ person killed or injured
Must stop immediately and give assistance
ARR rule 287
Duties of driver, must STOP AT SCENE and GIVE THE DRIVERS REQUIRED PARTICULARS any OTHER PERSON INVOLVED/ OWNER OF ANY PROPERTY to give required particulars
Required time to report collision
Means as soon as possible within 24 hours of crash
SAPOL 2030 safer communities strategy
Service
Integrity
Courage
Leadership
Collaboration
Respect
