Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Richards studies > General knowledge/facts > Flashcards

General knowledge/facts Flashcards

1
Q

Are hearsay statements from defendants admissable?

A

yes unless they are obtained by oppressive behaviour

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

For robbery can fear be caused by reputation alone?

A

no

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What criteria are required for a robbery to be aggravated?

A
  • GBH
  • 2 or more people
  • use of a weapon
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What must you do when interviewing witnesses?

A

seperate them from each other and the suspects

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Define receiving

A
  • Believing at the time of receiving the item is stolen

- or being reckless as to how it was obtained

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

When has someone committed recieving?

A

if they have exclusively or jointly with the thief or any other person has possession or control over anything unlawfully obtained or helps in its concelament

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

For someone to be guilty of receiving what must the y possess?

A

the original property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Define possession and control

A
  • awareness the item is where it is
  • awareness that it has been stolen
  • control of the item
  • intention to exercise that control
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What does CHANT stand for?

A
  • Content of the statement
  • How it was taken
  • Accuracy of the statement
  • Nature of the statement
  • Truthfulness of the person being interviewed
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

In regards to giving evidend, What does DUNCO stand for?

A
  • Dead
  • Unfit
  • Not compellable
  • Can’t be identified or found
  • Outside NZ
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What does Section 11B of the Summary Offences Act cover?

A

Possession of graffiti implements- It can be reasonably inferred the person has an intent to use it or it is capable of being used without a lawful reason or excuse

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is the principal of transferred mailce?

A

When someone to attempts to assault another perosn but assaults the wrong person by mistake

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What are some of the considerations under Section 59 of the SOA 1981, parental control of a child?

Hint (discipline/punishing a child)

A
  • it is not a justification for use of force
  • a parent can perform normal tasks incidental to good parenting
  • can prevent offensive or disruptive behavior
  • Prevent or minimize harm
  • Prevent a child committing a criminal offence
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Define fighting

A

must have two or more willing participants

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Where can someone be charged with a disorder offence?

A

in a public place or within view of a public place

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is a disorderly assembly?

A

3 or more people committing a disorder offence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What is a defence for defecating/urinating in public?

A

the person didnt think they would be seen

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

what two things must happen when someone is arrested?

A
  • you state you are under arrest PLUS

- a formal touch or an agreement from the person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Under what section must you give the reason for arrest?

A

Crimes Act S.316 unless obvious or impractical to do so

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Who can arrest a person?

A

A constable and any person they call to their assistance may arrest & take in to custody, without warrant, any person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Can a constable be charged for arresting the wrong person?

A

No, as long as the elements are met, thinks the facts are correct, has the lawful power to do so and the offender is known even if the witness made a mistake

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

When must you show a warrant?

A
  • When entering a property

- At earliest opportunity for persons

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What is a punitive punishment?

A

punish the wrong doer?

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What is a compensatory punishment?

A

to compensate or make good any loss

25
Q

What is criminal law?

A

Deals with imprisonable offences

26
Q

What is civil law?

A

Deals with individuals rights

27
Q

What are the five drivers of crime?

A

Families, youth, alcohol, drugs, organized crime

28
Q

What is covered under Section 23 of The bill of rights act?

A

When arrested a person must be read their rights immediately

29
Q

What does the district court cover?

A

Category 1 & 2 offences, Cat 3 with 2 years of imprisonment or less

30
Q

What is does precedence mean?

A

Lower courts are bound by decisions of the higher courts

31
Q

What are the four purposes of court decisions?

A
  • Rehabilitate the offender
  • detter other offenders
  • punish the offender
  • offer remedy or compensate
32
Q

What is the maximum amount of community work that can be sentenced for an offence?

A

200 hours

33
Q

Under the Bill of rights Act 1990 what are covered under Section 21-24?

A

21- Everyone has the right to be secure against unreasonable search and seizure
22- People are protected against arbitrary arrest
23- RC must be read to persons after detainment or arrest
24-When someone is charged with offences they must be informed of what they have been charged with and given their rights

34
Q

Searches are unreasonable if?

A
  • They’re in excess of authority
  • are done in an unreasonable manner
  • done in bad faith
35
Q

How many and what types of search are there?

A
  • Stat search power
  • stat search after arrest
  • consent search
36
Q

What sections give you stat search powers?

A

27/28 - offensive weapon
21/22 - Drugs
18 - Firearms

37
Q

What is covered under section 90 of The BOR Act 90?

A

Everyone is protected against torture, cruel treatment

38
Q

What is covered under section 118 of the S & S Act 2012?

A

Allows constables to search and detain people at the scene to determine their connection to the obj of the search.

39
Q

What are the factors of an appreciation?

A
  • What do I want to achieve?
  • Factors relevant to achieving my aim
  • Alternate course of action
  • My plan outlining the best COA
40
Q

What are the principles you should consider when you come to a scene?

A

Freeze, control, preserve

41
Q

What are the duties of a scene guard?

A
  • Prevent unauthorized people entering
  • Record all entries
  • Brief authorised pers
  • Report suspicious activity
  • avoid contamination
  • Be aware of animals
42
Q

When on scene guard who must you refuse?

A

Residents, media, member of the public, unauthorized police

43
Q

Define the principles of ownership

A
  • Possession or control of the property
  • any interest in the property
  • the right to take possession or control of the property
44
Q

What is stated under Section 221 of the Summary offences act?

A

It is theft if you kill an animal to eat it or skin it

45
Q

When is someone resisting?

A
  • When they use some degree of force

- Includes resisting a police dog

46
Q

When can someone be charged for unlawful on property?

A
  • discovered on
  • seen entering
  • seen leaving
  • seen
47
Q

What section of the Summary Offences Act covers possession of a knife?

A

Section 13a

48
Q

Who is defined as a victim?

A
  • The direct victim of the crime
  • Parents of children
  • Immediate family
  • owner of property that is the subject of a crime
49
Q

Who has a responsibility to treat victims with care, compassion and respect?

A

Police, court officials, judicial officers

50
Q

What is covered under Section 8 of the victims rights Act?

A

Victims should have access to welfare, health care, medical and legal assistance

51
Q

What is covered under Section 11 of the BOR Act?

A

Officers and officials should advise victims of services available to them

52
Q

At what stages should a victim be informed under Section 12 of the BOR Act?

A
  • must keep victims updated of the progress of the investigation
  • Charges are filed
  • date and place of proceedings
  • role of victim as a witness
  • outcome of proceedings
53
Q

What are the psychological stages experienced after a traumatic event?

A

impact stage and recoil stage

54
Q

What happens during the impact stage?

A 
Numbness
disorientation
immobilisation
Unreality
Child like dependance
55
Q

What feelings occur during the recoil stage?

A 
Anger
fear
violation
guilt
frustration
confusion
56
Q

What are some symptoms of PTSD?

A
  • disturbed sleep
  • guilt
  • memory problems
  • flashbacks
  • emotional distress
57
Q

What are some of the DO’s of interviewing?

A
  • Hold the interview ASAP
  • Keep questions simple
  • Ask one at a time
  • state in own words
  • use open questions
  • prepare victim for future hearings
58
Q

What are some of the DONTs of interviewing?

A
  • judge
  • say you know how they feel
  • tell them its ok
  • take silence as negative
  • overpower the interview
  • force them to tell you things

Richards studies (7 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions