Formative 5 Flashcards
PERSON APPREHENDED WITHOUT WARRANT - s78(2) SOA **
(2) If a person is apprehended without warrant on suspicion of having committed a
serious offence, a police officer may, for the purposes of investigating the suspected
offence, before dealing with the person in accordance with subsection (1)—
(a) detain the person for whichever is the lesser of—
(i) the period necessary to complete the immediate investigation of the suspected
offence; or
(ii) 4 hours or such longer period (not exceeding 8 hours) as may be authorised by a
magistrate; and
(b) take the person, or cause him or her to be taken, during the course of detention
under paragraph (a), to places connected with the suspected offence.
TIME NOT INCLUDED IN PRESCRIBED PERIOD *
(3b) In determining the period that has elapsed since detention in custody at a
designated police facility for the purposes of subsection (3a)(c), the following will not
be taken into account:
(a) any delay occasioned by arranging for a solicitor or other person to be present
(waiting for solicitor/relative/friend);
(b) any delay occasioned by allowing the person to receive medical attention (medical
treatment);
(c) any period during which the person is temporarily in the custody of a police officer
under subsection (3) (conveyance of the person from the place of apprehension).
SERIOUS OFFENCE DEFINED
Serious offence means an indictable offence or an offence punishable by
imprisonment for 2 years or more.
ASSAULT - s20(1) CLCA *
(1) A person commits an assault if the person, without the consent of another person
(the victim)—
(a) intentionally applies force (directly or indirectly) to the victim; or
(b) intentionally makes physical contact (directly or indirectly) with the victim, knowing
that the victim might reasonably object to the contact in the circumstances (whether or
not the victim was at the time aware of the contact); or
(c) threatens (by words or conduct) to apply force (directly or indirectly) to the victim
and there are reasonable grounds for the victim to believe that—
(i) the person who makes the threat is in a position to carry out the threat and intends
to do so; or
(ii) there is a real possibility that the person will carry out the threat; or
(d) does an act of which the intended purpose is to apply force (directly or indirectly)
to the victim; or
(e) accosts or impedes another in a threatening manner.
ASSAULT THAT CAUSES HARM - s20(4) CLCA *
(4) A person who commits an assault that causes harm to another is guilty of an
offence
INTERPRETATIONS & DEFINITIONS - s21 CLCA *
Harm means physical or mental harm (whether temporary or permanent);
Serious harm means—
(a) harm that endangers a person’s life; or
(b) harm that consists of, or results in, serious and protracted impairment of a
physical or mental function; or
(c) harm that consists of, or results in, serious disfigurement.
ASSAULT CAUSE SERIOUS HARM, DEFINITION - s23 CLCA *
(1) A person who causes serious harm to another, intending to cause serious
harm, is guilty of an offence.
(3) A person who causes serious harm to another, and is reckless in doing so,
is guilty of an offence.
CAUSING HARM - s24 CLCA *
(1) A person who causes harm to another, intending to cause harm, is guilty of an
offence.
(2) A person who causes harm to another, and is reckless in doing so, is guilty of an
offence.
AGGRAVATED OFFENCES - s5AA CLCA *
(b) the offender used, or threatened to use, an offensive weapon to commit, or
when committing, the offence;
(e) the offender committed the offence knowing that the victim of the offence
was, at the time of the offence—
under the
age of 12 years;
over the age of 60 years;
(g) the offender committed the offence knowing that the victim of the offence
was a person with whom the offender was, or was formerly, in a relationship;
the offender committed the
offence in company with 1 or more other persons
(j) the offender committed the offence knowing that the victim was, at the time
of the offence, in a position of particular vulnerability because of physical
disability or cognitive impairment;
UNLAWFUL THREATS - s19 CLCA *
(1) A person who—
(a) threatens, without lawful excuse, to kill or endanger the life of another; and
(b) intends to arouse a fear that the threat will be, or is likely to be, carried out, or
is recklessly indifferent as to whether such a fear is aroused,
is guilty of an offence.
(2) A person who—
(a) threatens, without lawful excuse, to cause harm to another; and
(b) intends to arouse a fear that the threat will be, or is likely to be, carried out, or
is recklessly indifferent as to whether such a fear is aroused,
is guilty of an offence.
(3) This section applies to a threat directly or indirectly communicated by words
(written or spoken) or by conduct, or partially by words and partially by conduct.
ACTS TO ENDANGER LIFE - s29(1) CLCA
(1) Where a person, without lawful excuse, does an act or makes an omission—
(a) knowing that the act or omission is likely to endanger the life of another; and
(b) intending to endanger the life of another or being recklessly indifferent as to
whether the life of another is endangered,
that person is guilty of an offence.
THEFT - s134(1) CLCA **
(1) A person is guilty of theft if the person deals with property—
(a) dishonestly; and
(b) without the owner’s consent; and
(c) intending—
(i) to deprive the owner permanently of the property; or
(ii) to make a serious encroachment on the owner’s proprietary rights.
INTERPRETATION; DEFINITION DEAL - s130 CLCA **
Deal—a person deals with property if the person—
(a) takes, obtains or receives the property; or
(b) retains the property; or
(c) converts or disposes of the property; or
(d) deals with the property in any other way;
IV PAID DOC DOSER *
I Identity of person
V Value
P Property
A Acted (actions)/Actus Reus
I Intent
D Dishonesty
D Deals (disposes, obtains, converts, takes or receives (DOCTR))
O Owner
C Consent (lack of)
D Deprive owner permanently
O Or make a
S Serious
E Encroachment
R Rights (claim or propriety)
UNLAWFUL POSSESSION - s41(1) SOA **
(1) A person who has possession of personal property which, either at the time of
possession or at any subsequent time before the making of a complaint under this
section in respect of the possession, is reasonably suspected of having been stolen or
obtained by unlawful means, is guilty of an offence.
DECEPTION - s139 CLCA *
A person who deceives another and, by doing so—
(a) dishonestly benefits him/herself or a third person; or
(b) dishonestly causes a detriment to the person subjected to the deception or a third
person, is guilty of an offence.
DISHONEST DEALINGS WITH DOCUMENTS - s140(3) & (4) CLCA *
(3) A person engages in conduct to which this section applies if the person—
(a) creates a document that is false; or
(b) falsifies a document; or
(c) has possession of a document knowing it to be false; or
(d) produces, publishes or uses a document knowing it to be false; or
(e) destroys, conceals or suppresses a document.
(4) A person is guilty of an offence if the person dishonestly engages in conduct to
which this section applies intending—
(a) one of the following:
(i) to deceive another, or people generally, or to facilitate deception of
another, or people generally, by someone else;
(ii) to exploit the ignorance of another, or the ignorance of people
generally, about the true state of affairs;
(iii) to manipulate a machine or to facilitate manipulation of a machine
by someone else; and
(b) by that means—
(i) to benefit him/herself or another; or
(ii) to cause a detriment to another.
DISHONESTLY MANIPULATE MACHINE - s141(1) CLCA
(1) A person who dishonestly manipulates a machine in order to—
(a) benefit him/herself or another; or
(b) cause a detriment to another, is guilty of an offence.
DISHONEST EXPLOITATION OF ADVANTAGE - s142 CLCA
(1) This section applies to the following advantages:
(a) the advantage that a person who has no disability or is not so severely
disabled has over a person who is subject to a mental or physical disability;
(b) the advantage that one person has over another where they are both in a
particular situation and one is familiar with local conditions while the other is not.
(2) A person is guilty of an offence if the person dishonestly exploits an advantage to
which this section applies in order to—
(a) benefit him/herself or another; or
(b) cause a detriment to another.
OBLIGATION TO RECORD INTERVIEWS - s74D SOA *
(1) An investigating officer who suspects, or has reasonable grounds to
suspect, a person (the suspect) of having committed an indictable offence and
who proposes to interview the suspect must ensure the following requirements
are complied with:
(a) if it is reasonably practicable to make an audio visual record of the interview,
an audio visual record of the interview must be made;
(b) if it is not reasonably practicable to make an audio visual record of the
interview but it is reasonably practicable to make an audio record of the
interview, an audio record of the interview must be made;
(c) if it is not reasonably practicable to make either an audio visual record or
audio record of the interview—
(i) a written record of the interview must be made at the time of the interview or
as soon as practicable after the interview; and
(ii) as soon as practicable after the interview, the record must be read aloud to
the suspect and an audio visual record made of the reading; and
(iii) when the audio visual recording begins (but before the reading begins) the
suspect must be invited to interrupt the reading at any time to point out errors
or omissions in the record;
INTERPRETATION - s74C SOA **
Interview includes—
(a) a conversation; or
(b) part of a conversation; or
(c) a series of conversations,
but does not include an examination under the Independent Commissioner Against
Corruption Act 2012;
