formative 7 Flashcards
CLCA S168—Serious criminal trespass
(1) a person commits a serious criminal trespass if the person
enters or remains in a place (other than a place that is open to the public)
as a trespasser
with the intention of committing an offence to which this section applies.
CLCA S170A—Criminal trespass—places of residence
(1) A person who trespasses in a place of residence is guilty of an offence if another
person is lawfully present in the place and the person knows of the other’s presence or
is reckless about whether anyone is in the place.
Define place of residence
place of residence means a building, structure, vehicle or vessel, or part of a building,
structure, vehicle or vessel, used as a place of residence
For SCT define Offences to which these sections apply are;
Offences to which these sections apply are;
(1) theft, or an offence of which theft is an element (any value),
(2) an offence against the person, or
(3) an offence involving interference with, damage to, or destruction of, property - punishable by imprisonment for 3 yrs or more (over $2500)
GENERAL SEARCH WARRANTS - SOA s67
(4) The police officer named in any such warrant may,
at any time of the day or night,
exercise all or any of the following powers:
(a) the officer may, with such assistants as he or she thinks necessary, enter into, break open and search any house, building, premises or place where he or she
has reasonable cause to suspect that—
(i) an offence has been recently committed, or is about to be committed;
or
(ii) there are stolen goods; or
(iii) there is anything that may afford evidence as to the commission of an offence; or
(iv) there is anything that may be intended to be used for the purpose of committing an offence;
(b) the officer may break open and search any cupboards, drawers, chests, trunks, boxes, packages or other things, whether fixtures or not, in which he or she
has reasonable cause to suspect that—
(i) there are stolen goods; or
(ii) there is anything that may afford evidence as to the commission of an offence; or
(iii) there is anything that may be intended to be used for the purpose of committing an offence;
(c) the officer may seize any such goods or things to be dealt with according to Law
CLCA S137—Robbery
CLCA S137—Robbery
(1) A person who commits theft is guilty of robbery if—
(a) the person—
(i) uses force, or threatens to use force, against another in ORDER TO COMMIT THE THEFT; or
(ii) uses force, or threatens to use force, against another in order TO ESCAPE FROM THE SCENE OF THE OFFENCE; and
(b) the force is used, or the threat is made, at the TIME of, or immediately before or after, the theft.
Traffic – Dangerous driving
* RTA S.46 (2) Speed/manner dangerous considerations
(2) In considering whether an offence has been committed under this section, the court must have regard to—
(a) the nature, condition and use of the road on which the offence is alleged to have been committed;
and
(b) the amount of traffic on the road at the time of the offence; and
(c) the amount of traffic which might reasonably be expected to enter the road from other roads and places;
and
(d) all other relevant circumstances, whether of the same nature as those mentioned or not.
Traffic – Drink and drug driving
* RTA S.47E (1) & (2) - authority to alcotest/ BA** VERBATIM
47E—Police may require alcotest or breath analysis
(1) Subject to this Act, if a police officer (whether or not performing duties at or in connection with a driver testing station) believes on reasonable grounds that a person—
(a) is driving, or has driven, a motor vehicle; or
(b) is attempting, or has attempted, to put a motor vehicle in motion; or
(c) is acting, or has acted, as a qualified supervising driver for the holder of a permit or licence,
the police officer may require the person to submit to an alcotest or a breath analysis, or both.
(2) A police officer may direct a person driving a motor vehicle to stop the vehicle and may give other reasonable directions for the purpose of making a requirement under this section that a person submit to an alcotest or a breath analysis
Traffic – Drink and drug driving
* RTA S.47EA - Random testing powers
47EA—Exercise of random testing powers
(1) The following provisions apply in relation to the exercise of random testing powers
consisting of the giving of a direction to stop a motor vehicle
or
the making of a requirement to submit to an alcotest or drug screening test:
(a) a police officer must not give such a direction or make such a requirement unless the POLICE OFFICER IS IN UNIFORM;
(b) if the police officer is driving or riding in or on a vehicle at the time of giving such a direction—the VEHICLE MUST BE MARKED AS A POLICE VEHICLE
or MUST BE DISPLAYING A FLASHING BLUE OR RED LIGHT (whether or not it is also displaying other lights) or sounding an alarm;
(c) a police officer must not make such a requirement relating to an alcotest unless the officer has in the OFFICER’S POSSESSION, or a police officer in the IMMEDIATE VICINITY of the place at which the requirement is made has in the officer’s possession, an APPARATUS of a kind approved by the Governor for the conduct of alcotests;
(ca) a police officer must not make such a requirement relating to a DRUG SCREENING TEST unless the officer has in the OFFICER’S POSSESSION, or a police officer in the IMMEDIATE VICINITY of the place at which the requirement is made has in the officer’s possession, an apparatus of a kind approved by the Governor for the conduct of drug screening tests;
(d) the Commissioner of Police must establish procedures to be followed by police officers in the exercise of such powers, being procedures designed to prevent as far as reasonably practicable any undue delay or inconvenience to persons being subjected to the powers.
Traffic – Drink and drug driving
* RTA S.47 (1) – DUI
47—Driving under the influence
(1) A person must not—
(a) drive a vehicle; or
(b) attempt to put a vehicle in motion
while so much under the influence of intoxicating liquor or a drug as to be incapable of exercising effective control of the vehicle.
Illegal Use
86A—Using motor vehicle without consent
86A—Using motor vehicle without consent
(1) A person who, on a road or elsewhere, drives, uses or interferes with a motor vehicle without first obtaining the consent of the owner of the vehicle is guilty of an offence
For a first offence—imprisonment for 2 years;
For a subsequent offence—imprisonment for not less than 3 months and not more
than 4 years
68A—Power to search land for stolen vehicles etc VERBATIM
A police officer may,
if he or she has reasonable cause to suspect that
a vehicle has been stolen or used
without the consent of the owner
and is on any land or premises,
enter the land or premises
and search for the vehicle,
and, if it is found, examine it.
Prescribed Offences for Impound (name 5)
Misuse of a Motor Vehicle
Aggravated due care
Excessive Speed ( 45km/h or more)
Reckless/speed/manner dangerous
Driving under influence of intoxicating liquor or drug (DUI)
Drive suspended or disqualified
Mark Grafitti
Pd Forms relating to the refusal of Alcohol and drug tests
PD 207 - Alcotest- refusal fail
PD 201 - BA refuse / Fail
PD 301 - Drug Screening Test refuse
PD 302 - Blood - refuse fail
PD 187 - (request for examination drugs and alcohol)
PD 188 - (request for examination drugs only)
