Law Flashcards
Name the 2 ways in which an assault can be committed?
- Assault involving the application of force
- Assault not involving the application of force
Name 2 types of force that can be committed?
- Direct force
- Indirect force
Name the 4 ways in which intent can be proved:
- Admissions
- Overt physical acts
- Circumstances
- Co-incidence evidence
What’s another term for common assault?
Unlawful assault
Section 24 of the Summary Offences Act 1966 provides an additional penalty for someone committing assault or battery against which 2 types of people?
Any female and males under 15
When charging someone with assault what are the 3 points of proof?
- Identity
- Unlawfully assault
- Another person (victim)
With the Enforcement Action Framework and using the pyramid method, list the most severe option to least severe option.
Charge & Remand
Charge & Bail
Charge & Summons
Infringement Notices
Cautions/Official Warnings
Do the following enforcement options release the offender unconditionally or conditionally:
Charge and Summons
Infringement Notices
Cautions
Unconditionally
In which 3 enforcement options does a brief of evidence apply?
Charge & Summons
Charge & Bail
Charge & Remand
What 3 factors are considered when bailing a person accused of committing a criminal offence?
- Any risk they pose to the community
- The need to ensure the appearance of the offender in court
- Legislative requirements
What are the eligibility requirements for the Caution enforcement option?
- offender does not need to admit to the offence but must consent to the caution
- children of or above ten must have guardian present
- cannabis/ drug diversion - offender must consent
Eligibility for Official Warning?
- offender must admit to offence
- offender must consent to a warnin- - the victim has been consulted
- age limitations
Eligibility for Infringement Notices?
- max number issued is three to one offender arising out of the same incident
- if more than one is issued must be by the same member
- offender must be spoken to in person
- not issued to any person under 14 years
What is the acronym used to negate defences of assault claimed by a suspect?
CAMELS
Charge and Summons Eligibility x 2?
- Sufficient admissible evidence to cover all points of proof
- Must be issued within 2 months of interview
Which enforcement option is the preferred method of proceeding to court?
Charge and Summons
Who can decide whether a person can be bailed?
Sergeant or above
When assessing the enforcement action to be taken, what tool must be used in the decision making process?
Enforcement Action Framework
- nature, severity and gravity of the offence
- characteristics and circumstances of the offender and victim
- any injury, loss or damage resulting from the offence
- appropriateness of the action in light of community expectations
- requirements that apply to the specific enforcement option
Is Common assault a summary or indictable offence?
Summary
What are the 5 aggravated circumstances of assault?
- In company with others or another
- Kicking
- Using a weapon or instrument
- Any female
- Male under 15
What does the E stand for in CAMELS?
Execution of the Law
Can a person consent to an assault resulting in serious injuries?
No
What are 3 examples of Injuries?
- Minor abrasions / lacerations
- Broken or chipped teeth
- Broken nose
- Split lip
- Temporary concussion
What is the definition of serious injury?
- endangers life
- is substantial and protracted
- involves the destruction of a foetus
An injury that is protracted lasts for less than one month. True or False?
False. Needs to last for longer than 6 months even if no specific time period attached.
Explain common assault and what is its jurisdiction?
Common assault refers to any person who unlawfully assaults or beats another person and is governed by section 23 of the summary offences act.
What is the penalty for common assault?
It holds a penalty of 15 penalty points or 3 months in prison.
What is the definition of an injury?
Injury means physical injury or physical injury to a persons mental health (whether temporary or permanent).
What are the defences to assault?
C - Consent
A - Amicable Contest
M - Misadventure or Accident
E - Execution of the Law
L - Lawful Correction
S - Self Defence
Where police use ‘reasonable force’ to make a lawful arrest, what defence is established?
Execution of the Law
In what circumstances may civil action be advised by a police officer in relation to an assault?
- the parties are known to eachother
- the assault was not witnessed by any other person including police
- the assault did not result in visible injury
- there is no breach of the peace
- the assault is not the result of a family violence incident
A Warrant to arrest issued by the court empowers a police officer to do what?
- To break, enter and search any place where the person named on the warrant is suspected to be;
- To arrest the person as named on the Warrant.
When locating a person named in a Warrant to arrest, what process must be followed to execute the warrant?
- confirm identity of the person and ensure matched named person on warrant
- explain the contents of the warrant to the person
- arrest the person and take them to the police station to be dealt with in accordance to the instructions on the warrant.
What types of Warrants are stored on EWOK x4?
- Warrant to arrest (Bench Warrant)
- Charge sheet
- Warrant to Commitment
- Corrections Warrant
What details MUST be completed on EWOK after execution of a warrant and within what time frame must this be done?
The execution details must be entered into EWOK within 8 hours.
What types of Warrants are not stored on EWOK?
- DNA Warrants
- Search Warrants
- Remand Warrants
List three bail conditions which may be imposed?
- reporting to a police station
- residing at a particular address
- imposing a curfew where they must be at Resi address
- not to drive motor vehicle
What factors may be taken into consideration when imposing bail conditions?
- Any risk posed to the community
- The appearance of the offender in court
- legislative requirements
When a person is released on bail with conditions to report to a police station, what responsibility does the informant have?
That they adhere to the bail conditions.
Eg.To ensure that the offender reports into the police station otherwise they need to be arrested and taken back to court.
What are three types of bail?
- Release with own undertaking
- Release with deposit $
- Release with conditions
Who is a bail decision maker?
Sergeant or above.
What is the preferred method of effectively commencing proceedings against a person and what must exist?
The summons process (charge and summons) is the preferred method.
The accused can not be charged at the time of the interview.
What type of bail is preferred to remanding a person in custody and what must exist?
Charge and bail with conditions.
There must be no risk to the community and they need to ensure the appearance of the offender in court.
What three enforcement actions are able to be managed at station level?
Caution
Official warning
Infringement notice
What category of offence is ‘Use of drug dependence’? What statute of limitations applies to it?
Section 75 of the DPCSA Act. It is a summary offence and has a statute of limitations of 3 years.
What power of search without warrant is available to Police under the DPCSA?
Section 82.
What is the dual power provided by this power of search?
Search without warrant and to detain a person for the purpose of searching.
What should you do if you receive information in relation to a possible cannabis crop house?
Contact supervisor/ sergeant or relevant specialty unit immediately.
Name three commonly used drug offences:
Possession
Supply
Traffick
The power to search without warrant requires reasonable grounds for suspecting what (SORG)?
There is a drug of dependence or substance on the person / animal / in vehicle which he reasonably believes can be used for manufacture or sale.
Where must the animal, vehicle or person be to satisfy section 82 power to search without a warrant?
In a public place
List 6 ways proof of identity may be established.
- DNA
- Fingerprints
- Eyewitness identification
- Voice identification
- Admissions
- Handwriting
What is the difference between possession and trafficking?
Possession - means any substance in possession of a person so long as on land or premises occupied by him, used, enjoyed or controlled by him.
Traffick - includes to prepare a drug of dependance for trafficking, manufacture or sell, agree to sell, exchange, offer for sale or have in possession for sale.
Section 75 of the DPCS Act relates to Drug of Dependance. Is it a summary or indictable offence and what is the statute of limitations?
Summary offence with a statute of limitations of 3 years
Voice identification can be made by which of the below?
A. Witnesses
B. Experts
C. Police
D. All of the above
D. All of the above
In what circumstances may a photo board be used?
Where the person suspected of committing the crime can not be found or there is not sufficient evidence to justify the arrest of that person for the purpose of an identification parade.
In what 3 ways can DNA evidence be used?
- Eliminate a person as the source of biological material
- Include a person as a possible source
- Compare a sample found at a scene against DNA database
List the five points of proof for wilful damage:
- Identity
- Wilfully
- Injures or damages
- Property
- Value under $5k
Explain the defence to wilful damage and who the onus is upon to satisfy a court and of such a defence.
Wilful damage will not be committed if a person acts under a fair and reasonable assumption that they had a right to do the act. The onus is on the person to satisfy the court.
What are the 4 key elements of criminal damage?
- That the accused damaged or destroyed property;
- That the property belonged to another or himself and another;
- That the accused intentionally damaged or destroyed the property
- That the accused had no lawful excuse for damaging the property.
When the criminal damage is caused by arson what is the most appropriate offence?
Criminal damage by fire. May attract an increased penalty of up to 5 years imprisonment.
What power of arrest is applicable to wilful damage? What power of arrest is applicable to criminal damage?
- Wilful damage: 458 of the Crimes Act
Criminal damage: 459 of the Crimes Act
Explain the jurisdiction of criminal damage:
Criminal damage is an indictable offence.
Where the value of the damage is not over $100k the case can be heard by the Magistrates court (IOTS).
Above $100k then must got to trial in the county court.
Both wilful and criminal damage can be committed anywhere. True or False?
True
Define Wilful damage:
Wilful damage means to commit an act which is intentional or is reckless to the consequences of that act. That act can not be accidental. Value is under $5k.
Explain the elements of the offence ‘possessing anything with intent to destroy or damage property’:
A person who has anything in his custody or under his control to destroy or damage property that belongs to another or himself eg. container of petrol to burn down shop.
Volatile substances such as inhaling spray paint is an offence in which a member can demand the name and address of the offender. True or False?
False. It is not a criminal offence
When handling suspected drug items what are 3 steps that a member should take:
- Wear PPE at all times
- Secure powders, pills and tablets in a TEAB
- syringes should be placed in sharps container
What is the definition of Cultivate?
In relation to a narcotic plant. Anything that helps that plant to grow including sow a seed, to tend, nurture or harvest a narcotic plant or graft, divide or transplant a narcotic plant.
The statute of limitations in relation to Drug of dependance is 3 years. This differs to other summary offences which have a statute of limitations of how long?
12 months
What does the DPCS Act 1981 relate to / stand for?
Drugs, Poisons, and Controlled Substances
The police power to search for drugs without a warrant comes from which Section of the Act?
Section 82 of the DPCSA Act
Which of the below is not included in Section 82 Power to Search?
- on or in a vehicle in a public place
- on or in a boat or vessel
- on or in an aircraft
- on or in a vehicle in a private place
When handling drugs obtained in a search they should be placed in a TEAB. What does this stand for?
Tamper Evident Audit Bag
What is the first priority when receiving when receiving a report of a sexual crime? What should be followed?
The victims welfare and provision of support.
- Help the victim recover form the crime
- Assist in gathering evidence to build a stronger prosecution case
- Encourage victim cooperation with investigations
What are the 4 main functions of police in sexual crime cases?
- Support and protect victims
- Thoroughly investigate all reported victims
- Establish whether a crime has been committed
- Identify, apprehend and prosecute the offender
Explain the meaning of Evidence of Recent Complaint.
If a victim reports to another person that they were sexually assaulted, that person can give this evidence as an exception to the Hearsay rule.
Where is the offence of Sexual Exposure committed?
The exposure is in view of a public place.
What must be taken into account when deciding between a charge of Sexual Exposure or Sexual Activity Directed at another person?
Where the offence took place. Public place vs anywhere.
The THINK acronym is the health response to be used for a victim of sexual crime. What does it stand for?
T - Timing and Forensic Issues
H - Hospital
I - Incident
N - Not able to consent
K - Know your victim
List the points of proof for theft x 6?
(I Did A Poo Behind IKEA)
- Identity
- Dishonestly
- Appropriates
- Property
- Belonging to another
- Intention to permanently deprive
What are the three occasions when a persons appropriation of property will not be dishonest?
- A belief they had a right to deprive be the other of it. Referred to as ‘Claim of Right’.
- A belief they would have the consent of the other person to take the property
- A belief the owner could not located by taking reasonable steps.
Adults are ineligible for a caution except for which three offences?
- Shop steal
- Cannabis caution
- Drug diversions
What timeframe from interview must a Charge and Summons be issued?
2 months
What is the definition of property?
Property can be regarded as belonging to anyone who has possession or control of it or has a proprietary right or interest in it.
What two things MUST apply to property for it to be the subject of a theft?
- An owner
- Value - does not have to be monetary value. Can be sentimental value.
What is the definition of Theft?
A person steals if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.
When compiling a brief of evidence for a theft charge which form is to be included?
A Witness Cost / Restitution/ Compensation Sheet Form 950.
When a theft occurs from a shop, what is it referred as?
Shopsteal
Within the crime triangle there are three main elements that allow a crime or incident to occur. What are these?
- A motivated offender
- An accessible target (victim)
- The absence of capable guardians that can intervene (witness/police)
(Offender/Victim/Guardian)
Criminogenic factors increase a persons risk of committing crimes. What are the 6 factors that contribute to this risk?
- Education / Employment
- Accomodation / Living arrangement
- Alcohol / Drug dependencies
- Emotional / Attitude / Orientation
- Leisure / Recreation
- Social connections (family / marital / peers)
What does EWOK stand for?
Electronic Warrant Online Knowledge Bank
What is not an enforcement action available to police?
A. Charge & Imprison
B. Charge & Bail
C. Charge & Remand
D. Charge & Summons
A. Charge & Imprison
Who is responsible for managing compliance with the Victims Charter on LEAP?
A. Reporting Member
B. Supervising Member
C. Assisting Member
D. Investigating Member
D. Investigating Member
What are the following three signal signs:
- Code 1
- Code 5
- Code 9
- Code 6
Code 1 - On Patrol
Code 5 - Out at scene / premises
Code 9 - Under duress
Code 6 - Unavailable at location
What is the definition of Bail?
An undertaking in writing, signed by the accused or the accused and his surety, that the accused will attend a hearing, trial of for sentence and surrender themselves into custody.
In establishing the defence to Criminal Damage that a person had a lawful excuse, they had to have held a belief that their actions were lawful. In addition, the belief also has to be accurate and justified in order to be applicable. True or False?
False. It does not matter if the belief was accurate or justified. The focus is what they believed at the time they committed the offence. The onus is on the prosecution to prove that they did not hold belief at the time.
All suspected drug items or substances should be treated as a hazard. True or False?
True
A volatile substance is defined as a substance that is explosive and dangerous which should be treated as a hazard at all times. True or False?
False.
It’s a substance that emits fumes that can be inhaled for immediate effects.
How many members should have the responsibility of the drug exhibits from a scene until returning to the police station?
1
A warrant once executed is required to be endorsed. How does the arresting member do this?
Add time / date / name / rank and signature to the back of the warrant.
A warrant once served is signed and endorsed and then given to the offender. True or False.
False.
Section 73 of the DPCSA relates to the indictable offence to Possess Drug of Dependence. What size of drug possession does it apply to?
Small quantity of drugs
In deciding what enforcement action option is to be taken against a person the least restrictive alternative must be chosen that achieves its purpose in the circumstances. True or False?
False.
The minimum or least severe action must be chosen that achieves its purpose.
Theft of a motor vehicle are differentiated from theft by the Application of Section 73(14) of the Crimes Act. While the points of proof are the same the ‘intent to permanently deprive’ element requires proof of what?
That the person took or in any manner used the motor vehicle or aircraft without consent of the owner.
The accused appropriation of property belonging to another will be theft, whether it is dishonest or honest. True or False?
False. It will only be theft if it dishonest.
Which of the below is not a consideration when undertaking action against a person?
A. Ensure there is sufficient admissible evidence
B. Verify the identity of the offender
C. Determine whether any offence committed is indictable or summary
D. Determine whether any offence has been committed
C. Determine whether any offence committed is indictable or summary
For what period of time is a bail decision maker authorised to remand an accused person in custody?
A. 24 hours
B. 48 hours
C. 72 hours
D. None of the above
B. 48 hours
How many offences are there in relation to trafficking a drug of dependence?
A. 2
B. 4
C. 6
D. 8
B. 4
In order for an Evidence of Complaint to be admissible in the courts, in relation to a sexual offence, the evidence must be unsolicited and given freely by the victim and not as a result of questioning. True or False?
True
What are the three defences of theft in relation to when a persons appropriation of property will NOT be dishonest.
- A belief that they had, in law, a right to deprive the other of it, on behalf of themselves or a third person. Referred to as ‘Claim of Right’
- A belief that they would have the consent of the other person to take the property in the circumstances
- A belief the owner could not be located by taking reasonable steps. Usually where appropriation of property is by finding.
Who are police officers required to consult before providing an offender with an offical warning?
A. A supervising officer
B. A Sergeant or above
C. The Victim
D. The offender
D. The offender
What is the arrest power and jurisdiction for Theft?
The power of arrest is section 459 of the Crimes Act. It is an indictable offence triable summarily where the value of the property does not exceed $100k.
What is the maximum penalty for Theft?
10 years imprisonment
What is the maximum value of a motor vehicle to be heard IOTS?
Unlimited. Car steak is too prolific.
What is the difference between Interfere and Tamper with a motor vehicle?
Interferes - handle a car but not change it
Tamper - To meddle with a vehicle as to change it
Section 322K of the Crimes Act provides that a person may use reasonable force to defend themselves from unlawful violence as long as they believe on reasonable grounds that what they are doing is necessary in self defence and is reasonable in the circumstances. True or False?
True
What is the statute of limitations for the summary offence of Drug of Dependance?
A. 12 months
B. 2 years
C. 3 years
D. None of above
C. 3 years
Which of the below does not apply to requirements relating to civil action for minor assault?
A. There is a breach of the peace
B. The assault did not result in visible injury
C. The parties are known to each other
D. The assault is not the result of a family violence incident
A. There is a breach of the peace.
(Should be NO breach of the peace)
What does DNA stand for and when was its inception?
Deoxyribonucleic Acid - 1988
Section 48 of the Crimes Act states that the offence of Sexual Activity Directed at Another Person needs to be committed in a public place. True or False?
False. It can be committed anywhere.
The definition of Criminal Damage according to Section 197 of the Crimes Act states ‘A person who intentionally and without lawful excuse destroys or damages any property belonging to another, or to himself and another, shall be guilty of an indictable offence and liable to imprisonment for a term not more than ten years. True or False?
True.
What is the requirement for a person to have been assaulted but not involving the application of force?
They need to have been apprehensive that physical contact would be made without their consent.
A person steals if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it. True or False?
True
Which of the options below are not ways in which intent can be proven?
A. Circumstances
B. Covert physical acts
C. Co-incidence evidence
D. Admissions
B. Covert physical acts
(Overt physical acts)
Common assault is an indictable offence that may be heard and trialled summarily in the Magistrates Court. True or False?
False.
It is a Summary offence. Which attracts up to 3 months in prison / 15 penalty points.
What does the acronym CAMELS refer to?
A. The defences to common assault
B. The defences to a serious assault
C. The defences to assault
D. The defences to common law assault
C. The defences to assault
Wilful means to commit an ___
which is intentional or is ______
to the consequences of the act.
A. Offence, careless
B. Offence, reckless
C. Act, careless
D. Act, reckless
D. Act, reckless
According to the Police VPM, a child can not be given a caution. True or False?
False.
A child / young people can be cautioned on more than 1 occasion, with no limit on the number of cautions.
What does DFFH stand for?
Department of Families, Fairness and Housing.
Reporting to Child Protection DFFS relates to distinct types of reports. These relate to which three factors:
- Child in need of protection
- Significant concern for the wellbeing of a child
- Child in need of therapeutic treatment
What is the enforcement options process when processing young people?
Caution > Summons > Bail > Remand
What is the difference between Common Law assault and Common Assault?
In Victoria, common assault (also known as unlawful assault) is a summary offense, while common law assault is an indictable offense.
Common law assault is a more serious charge with a higher maximum penalty.
Common assault - Maximum penalty of three months imprisonment or a fine of 15 penalty units and seen in Magistrates court.
Common law assault - An indictable offense that can proceed in the County Court.
Maximum penalty of five years imprisonment
