Initial training Flashcards
What is the definition of wilful damage?
Intentionally A deliberate act, without lawful justification, excuse or claim of right.
OR
A reckless act [where the possible consequences are foreseen but continues the act regardless of the risk], without lawful justification, excuse or claim of right. Damages:
Temporary or permanent reduction in the value and/or usefulness of the property. Property Something that belongs to another person and is capable of being damaged.
What is the definition of Assault :
Assaults Acts of intentionally applying or attempting to apply force to the person of another, directly or indirectly, OR threatening by any act or gesture to apply such force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that they have, the present ability to effect their purpose.
Another person: It has to be another person other than the offender.
If weapon, any sort (anything) used as a weapon.
what are the elements of theft:
takes
Dishonestly Without a belief that there was consent or authority from the owner.
Without claim of right No belief in a right to own or possess the property.
Takes Physically moves the property.
Any Property Anything whatsoever, whether tangible or intangible, that is the property of any person and has value.
With intent to deprive any owner permanently of that property
OR
With intent to deprive any owner permanently of any interest in that property
An intent to deprive the owner permanently of the property
OR
deal with the property in a manner so that it cannot be restored to its original condition.
An intent to deprive the owner permanently of that part of the property in which they have an interest.
What are the elements for theft ( uses or deals with)?
Dishonestly Without a belief that there was consent or authority from the owner.
Without claim of right No belief in a right to own or possess the property.
Uses or deals with Exceeds the authority or conditions given by using or dealing with the property in any manner
Any Property Anything whatsoever, whether tangible or intangible, that is the property of any person and has value.
With intent to deprive any owner permanently of that property
OR
With intent to deprive any owner permanently of any interest in that property
An intent to deprive the owner permanently of the property
OR
deal with the property in a manner so that it cannot be restored to its original condition.
An intent to deprive the owner permanently of that part of the property to which they have an interest.
After obtaining possession or control of that property in whatever manner
Obtained possession or control of that property for himself/herself or any other person.
What are the elements for unlawfully takes motor vehicle ?
Dishonestly Without a belief that there was consent or authority from the owner. Without claim of right
No belief in a right to own or possess the property.
But not so as to be guilty of theft
Unable to prove an intention to permanently deprive the owner.
Takes
Physically moves the property.
For any person’s purpose
For their own purposes
OR
another person’s purposes.
Any vehicle
OR
Any ship
OR
Any Aircraft
OR
Any part of any vehicle, ship or aircraft
OR
Any type of vehicle.
Any vessel used in navigation, however propelled.
Any machine that can derive support in the atmosphere from the reaction of the air.
Any part removed from (use relevant definition above)
Any horse Any type of horse.
What are the elements for Unlawful interferes with vehicle:
Dishonestly Without a belief that there was consent or authority from the owner. Without claim of right
No belief in a right to own or possess the property.
Interferes with
Touches or deals with in any way.
Any vehicle
OR
Any Ship
OR
Any aircraft
Any type of vehicle.
Any vessel used in navigation, however propelled.
Any machine that can derive support in the atmosphere fr
What are the elements for Burglary:
Enters Entry is complete as soon as any part of the body of the person or any part of any instrument used by that person, is within the building or ship. Any building
OR
Any building or structure of any description, whether permanent or temporary; and includes a tent, caravan, or houseboat; and also includes any enclosed yard or any closed cave or closed tunnel.
Any ship
OR
Any vessel used in navigation, however propelled.
Any part of a building
OR
Part of any building or structure of any description, whether permanent or temporary; and includes a tent, caravan, or houseboat; and also includes any enclosed yard or any closed cave or closed tunnel.
Any part of a ship
Part of any vessel used in navigation, however propelled.
Without authority An absence of authority, either expressed or implied, from a person the defendant believes is legally able to give consent.
With intent to commit an imprisonable offence in the building
OR
ship
There must be an intention to commit an imprisonable offence in the building
there must be an intention to commit an imprisonable offence in the ship.
- Having entered : is physically in the building.
any building any ship: any building or structure of description whether temporary or permanent, includes tent and closed yard.
Remains without authority : remain consent to be with in the building in no longer applies.
Intent to commit any imprisonable offcence.
What are the elements for Robbery?
Theft Theft is complete when… (identify as appropriate). Accompanied by violence
OR
Violence before or at the time of the theft.
Accompanied by threats of violence
Threat of violence before or at the time of the theft, demonstrated by conduct or words.
To any person
OR
The person who has been threatened with violence
OR
the person who had violence used against them.
To any property The property that has been threatened with violence
OR
the property that had violence used against it.
Used to extort the property stolen
OR
The violence or threats used by the offender are sufficient to cause the person to hand over the property against their will.
To prevent or overcome resistance to the property being stolen
The property is taken by the offender after any resistance to its taking has been prevented or overcome.
What are the elements for obstruct :
Intentionally obstructs
OR
Incites or encourages any other person to obstruct
Deliberately making it more difficult for a person to carry out their duties.
Urge or persuade any other person to make it more difficult for the person to carry out their duties.
Any constable or authorised officer or prison officer or traffic officer acting in the execution of their duty
The person must have been lawfully exercising their
What are the elements for resisting Police:
Resists
OR
Requires some degree of force by the offender.
Incites or encourages any other person to resist
Urge or persuade any other person to use some degree of force.
Any constable or authorised officer or prison officer or traffic officer acting in the execution of their duty
The person must have been lawfully exercising their powers.
What is the definition of public place:
A place that ay any material time, is open to , or being used by the public, whether free or on payment of a charge and whether any owner or occupier of the place is lawfully entitled to eject or exclude that person from that place.
That is carrying or available to carry passgengers for reward and includes the interior of any vehicle which is in a public place.
Definition of fight
Fighting is punching, striking, mauling, wrestling, etc, between two or more willing participants.
What are the definitions for Tresspass section 3 :
Trespasses
Is on another person’s property without authority or permission.
On any place
At any physical address
After being warned to leave that place by an occupier of that place
Must be told to leave by the lawful occupier of that address
Neglects or refuses to do so
After the warning, neglects or refuses to leave. The person must be given a reasonable time to leave.
What are the elements for Section 4 of tresspass:
Being a person who has been warned under Section 4 to stay off any place
A person who has been issued with a warning, either verbally or in writing, to stay off a property.
Wilfully trespasses on that place
The offender intentionally, deliberately, without mistake, returns to the premises.
Within two years
Within two years after the giving of the warning.
Legal defence section of tresspass Act:
For their own protection, the protection of other people , an emergency involving their property or the property of some other person and the occupier who gave the warning no longer occupies the place.
Using force for tresspass
Must not strike or do bodily harm to that person. 56 Act
What details can you obtain from the person who is found tresspass under section 9?
Name, address or firearm licence number if they are in possession of a firearm
What are the elements for being found on property without reasonable excuse:
Enclosed area
Found - to be seen, to be discovered and to come upon
Without reasonable excuse
in Physically inside of
any enclosed yard.
In S/s 2012 , what is CADD?
Concealed, Altered , Damaged and Destroy.
Section 8 of S/S 2012?
Entry without Warrant to aviod loss of offender and eveidential material (CADD)
What is section 95 LTA?
Police can suspend the driver for 28 days.
Breath alcohol 650mg/ breath, 130mg blood
any person that drove +40 km over the limit in a permanent area and 50km over in a temporary area.
What is section 114 of LTA?
You can stop the vehicle (3T)
for 15 mins( Demanding details of driver)
Section 7 of S/S 2012
Entry without Warrant to arrest if some is unlawfully large.
What is Section 14 of S/S 2012
Entry without Warrant to prevent or respond to risk ot life or safety (injury to someone , Serious damage or loss of property and there is life risk or safety of any person)
Section 121 of LTA?
Take keys and forbid driver if Police believes on reasonable ground that the driver is incaple of driving because of their mental or physical ability or they breached their driving hours.
EBA for mandatory 12 hours forbbiden.
What is Section 169 of S/S 2012
You must report after search (except section 14)
What is section 115 of LTA?
Banning vehicles off the road ( Pink sticker) (Green sticker)
What is section 125 of S/S 2012?
NARI (BILL OF RIGHT)
What is section 11 of S/S 2012
Custody search ( looking for Money and property)
What are the sections 7,8,11,12,51 of victim’s right act?
7: Police have to treat victim with compassion, courtesy and dignity. 8: Victims have to have access to service
11: Police have to inform the victims can access to service
12. Inform victims about Court proceedingand offenders states ( bail history )
51 . Return of property which was held for evidence.
8 Steps of systematic ?
TEDS:
VASWEEPO : Victim, appreciation,scene,witness,exhibit,element,power and offender.
What is Section 113 of LTA:
DIMDFFD: Direct,inspect,move,direct,forbid,forbid and direct . can get details for passenger.
Section 118 of L.T.A
You can get details from rental company or hirer for driver within 14 days. However, if it is a pursuit, action immediately.
What is used when describing what police should do initially at the scene? \
Control: anyone entering and leaving the scene.
Freeze : do not touch anything and remain as its original state.
Preserve: all relevant evidence.
Consideration when setting boundaries up?
think B.I.G and try to include the area where the offender might have come from.
What are the elements for receiving?
Receives
Either exclusively or jointly with the thief or any other person has possession or control over anything unlawfully obtained or helps in its concealment or disposal.
Any property stolen
OR
Anything whatsoever, whether tangible or intangible, that is the property of any person, has value and has been stolen.
Any property obtained by any other imprisonable offence
Anything whatsoever, whether tangible or intangible, that is the property of any person, has value and has been obtained by an imprisonable offence other than theft.
Knowing that property to have been stolen or so obtained.
OR
Believing at the time of receiving that the property had been stolen or obtained by any other imprisonable offence.
Being reckless as to whether the property had been stolen or so obtained
Receives the property, despite the person consciously taking an unreasonable risk that the property might be stolen or obtained by any other imprisonable offence
How to deal with the fight?
Seperate two parties, look for the witness, get explaination from both party and find out their mental or physical status.
Section 39,40,41,48,62 of Crimes Act?
39: Use of force when excutiong an arrest 40: Prevent escape,rescue 41:1X 42: Prevent breach of peach 48: Self defence or defence of other 62: exccesive force.
What are the powers do Police have when they arrest without the Warrants:
CRIMES ACT 1961. SUMMARY OFFENCES ACT 1981 315(2)(a) 315(2)(b) 39(1) 39(2) HE FINDS HE HAS GOOD CAUSE TO SUSPECT HE HAS GOOD CAUSE TO SUSPECT WITHIN HIS VIEW Disturbing the public peace OR committing any offence Punishable by imprisonment Of having committed a breach of the peace OR any offence Punishable by imprisonment Of having committed an offence against this Act Except sections 17-20, 25, 32-38. Does an act the constable believes is an offence against sections 17-20, 25, 32-38 And fails to give name and address or gives false details
What are Section 21,22,23,24 of BIll of RIghts Act:
21: Everyone is secure from unreasonalbe search and seizure.
22: Everyone is sucure from unreasonalbe arrest or detain
23. when they are getting arrested, they have to be given their rights
24, When they get charged, they must be given their rigths.
What is section 116 of LTA:
Power of arrest for traffic.
If they also fail to give their details.
What is Section 90 of LTA:
if in two years, if the driver accumulate more than 100 demerit points, can suspend the licence for 3 months.
What is section 85 of S/S 2012?
Rub down Search - to ensure that the person is not carrying anything to harm or facilitate the escape
What is section 88 of S/S 2012?
If I have reasonable ground to believe that that person is carrying anything that is evidential material or harm any person or facilitate escape.
What is section 9 of S/S 2012?
Police can stop the vehicle to find a person who is unlawfully at large.
What section allows Police to search person for drug?
Section 20 : Search place or vehicle for drugs
Section 21: Search other people in place or vehicle
Section 22 Can search person,
What section allows Police to search person for firearms ?
Section 18
What section allows Police to search person for Offensive weapon?
Section 27: Search person
Section 28: Enter and search vehicle, public.
What is Section 14 of Oranga Tamariki Act?
A child and young person in need of care and protection.
What is Section 6 of Oranga Tamariki Act?
Welfare and interests of a child or young person shall be first and paramount.
what is the age for child?
Under 14 years old.
What is the age for a young child?
In youth justice :14 - 17 child protection 14-18.
What is section 39 of Oranga Tamariki Act?
Place of safety Warrant - If police believe on reasonable grounds that child is suffering , likely to be suffered is satisfied that there are reasonable grounds for suspecting that a child or young person is suffering, or is likely to suffer, ill-treatment, neglect, deprivation, abuse, or harm may issue a warrant authorising any constable, either by name or generally, or the chief executive, to search for the child or young person.
What is section 42 of Oranga Tamariki Act?
Any constable who believes on reasonable grounds that it is critically necessary to protect a child or young person from injury or death may, without warrant,—
ESRDP Enter , Search, Romove, Detain and Place.
enter and search, by force if necessary, any dwellinghouse, building, aircraft, ship, carriage, vehicle, premises or place:
remove or detain, by force if necessary, the child or young person and place the child or young person in the custody of the chief executive.
Identify yourself, disclose the power I am exercising.