Formative 4 Flashcards
Define victim
“victim”, in relation to an offence, means a person who suffers harm as a result of the commission of the offence (but does not include a person who was a party to the commission of the offence).
what is meant by immediate victim
immediate victim, in relation to an offence, means a victim of any of the following classes:
(a) a person who suffers PHYSICAL INJURY as a result of the commission of the offence;
(b) a person who suffers PSYCHOLOGICAL INJURY as a result of being directly involved in the circumstances of the offence or in operations in the immediate aftermath of the offence to deal with its consequences;
(c) if the offence was committed against a child—a PARENT OR GUARDIAN OF THE CHILD;
(d) if the offence was committed against a person who dies as a result of the offence—a member of the IMMEDIATE FAMILY OF THE DECEASED;
SPADE
Setting the scene
Placing the people
Actions
Descriptions
Elements of the offence and possible defences
ADVOKATE
A Amount of time under observation - How long were you watching him/her
D Distance - How far away was he/she when you saw him/her
V Visibility - What was the lighting like (include time of day, any other
visibility issues)
O Obstruction - Was there anything between you and the person? ( If so
explore further)
K Known or seen before - Have you ever seen him/her before?
A Any reason to remember - Do you have any special reason to remember him/her. (eg distinguishing features, peculiarity, nature of incident)
T Time lapse - How long ago did you see him/her
E Error or material discrepancy - Are there any inconsistencies in the description given by the witness.
Property Damage CLCA 85 (1)
(1)
A person who,
without lawful excuse,
by fire or explosives,
damages property
that is a building or motor vehicle (whether the property belongs to the person or to another)—
(a) intending to damage property;
or
(b) being recklessly indifferent as to whether his or her conduct damages property,
is guilty of arson.
Maximum penalty: Imprisonment for life.
Property Damage CLCA 85 (2) VERBATIM
(2) A person who,
without lawful excuse,
damages (other than by fire or explosives)
another’s property that is a building or motor vehicle—
(a) intending to damage property;
or
(b) being recklessly indifferent as to whether his or her conduct damages property,
is guilty of an offence.
Maximum penalty: Imprisonment for 10 years.
Property Damage CLCA 85 (3)
(3) A person who,
without lawful excuse,
damages another’s property (other than a building or motor vehicle)—
(a) intending to damage property;
or
(b) being recklessly indifferent as to whether his or her conduct damages property,
is guilty of an offence.
Maximum penalty: Imprisonment for 10 years.
Property damage CLCA S85(4)
(4) A person who,
without lawful excuse,
threatens to damage another’s property—
(a) intending to arouse a fear that the threat will be, or is likely to be, carried out;
or
(b) being recklessly indifferent as to whether such a fear is aroused,
is guilty of an offence.
Maximum penalty:
(a) for a basic offence—imprisonment for 5 years;
(b) for an aggravated offence (other than an offence to which paragraph (c)applies)—imprisonment for 7 years;
(c) for an offence aggravated by a threat to commit arson—imprisonment for15 years. (5) Subsection (4) applies
Classification of offences – property damage
More than 30,000 – 10 years – MAJOR INDICTABLE
2,500 – 30,000 – MINOR INDICTABLE 3 years
Less than 2,500 SUMMARY imprisonment (except arson) – SEC 85 (2&3)
- over 30,000 Life imprisonment MAJOR INDICTABLE
- Less than 30k/5 Years MINOR INDICTABLE – SEC 85 (1)
GCA S.10(1) – Carry graffiti implement
VERBATIM
A person who—
(a)carries an implement with the intention of using it to mark graffiti; or
(b)carries a graffiti implement of a class prescribed for the purposes of this paragraph without lawful excuse in a public place or a place on which the person is trespassing or has entered without invitation,
is guilty of an offence. Maximum penalty: $5 000 or imprisonment for 12 months.
Methods of dealing with young offenders
● Informal Caution (minor in nature, admission, no further action, PD376)
● Formal Caution (limited or no previous history, does not exceed $5k, within 14 days)
● Family Conference (previous formal caution, victim to participate, between $5k-$30k)
● Youth Court (youth chooses, repeat offending, gravity/aggravation of offence)
** Young offenders has to make full admissions, free from coercion,
-to arrest a youth (PD372) you need permission/approval from Sergeant or above,
-guardian/parent or responsible person needs to be present during ROI,
-undertakings may include compensation, community service, apologise to victim
– Age of responsibility - YOUTH OFFENDERS
UNDER 10 = Irrebuttable presumption of innocence
10-14 years = There is a common law presumption that a youth between 10 and 14 years of age does not have the requisite intent to commit a criminal offence; however, the presumption is rebuttable.
The Prosecution must prove the youth committed the criminal act with the requisite intent and sufficient understanding to know the behaviour to be wrong
Over 14 years no presumption exisists
SOA S.17A (1) – Trespassers on premises
VERBATIM
Where—
(a) a person trespasses on premises; and
(b) the nature of the trespass is such as to interfere with the enjoyment of the premises by the occupier; and
(c) the trespasser is asked by an authorised person to leave the premises, the trespasser is, if he or she fails to leave the premises forthwith or again trespasses on the premises within 24 hours of being asked to leave, guilty of an offence.
Maximum penalty:
(a)if the premises are primary production premises—$5 000 or imprisonment for 6 months;
(b)in any other case—$2 500 or imprisonment for 6 months.
SOA S.17 (1) – Unlawfully on premises
VERBATIM
(1)
A person who
has entered,
or
is present on,
other premises
for an unlawful purpose
or
without lawful excuse
is guilty of an offence.
Maximum penalty:
Where the unlawful purpose is the commission of an offence punishable by a maximum term of imprisonment of 2 years or more—imprisonment for 2 years.
In any other case—$2 500 or imprisonment for 6 months.
Please note
Unlawful purpose = Trying to commit an offence eg SCT or assaut
without lawful excuse = They are just there i.e homeless man sleeping
ARREST RIGHTS (INCLUDING BAIL RIGHT) - s79A SOA
And
PROCEDURE ON ARREST - s13 BAIL ACT
You are entitled to make in the presence of a Police Officer, one telephone call to a
nominated relative or friend to inform them of your whereabouts.
Do you understand this right?
Do you have any request in relation to this right?
You are entitled to have a solicitor, relative or friend present during any interrogation or investigation to which you may be subjected to whilst in custody. Do you understand this right?
Do you have any request in relation to this right?
If English is not your native language you are entitled if you so require, to be assisted at an interrogation by an interpreter.
Do you understand this right?
Do you have any request in relation to this right?
You shall while you remain in custody, be entitled to refrain from answering any
questions.
Do you understand this right?
Do you have any request in relation to this right?
I warn you that anything you say may be taken down and given in evidence. Do you
understand?
After you have been taken to (name of police station) you are entitled to apply to the Officer in Charge for release on bail. Do you understand?
