Lesson 1 Flashcards

1
Q

6 duties of Police Officers

A
  1. Maintain law + order and protect life + property
  2. Prevent crime
  3. Detect criminals
  4. Maintain and uphold the statute law
  5. Control road traffic
  6. Assist at minor + major disasters
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2
Q

Policing focus

A
  1. Community safety
  2. Crime and justice
  3. Road safety
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3
Q

Statute Law

A

ENACTED laws made by PARLIAMENT

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4
Q

Case law

A

UN-ENACTED laws from JUDGES

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5
Q

D v O v P

A

Definition
Offence
Power

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6
Q

Definitions of words

A
  1. Check ACT
  2. Check CASE LAW
  3. Check LAW DICTIONARY
  4. Check DICTIONARY
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7
Q

What is an offence

A

ACT OR OMISSION which RENDERS THE PERSON doing it LIABLE TO PUNISHMENT

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8
Q

Types of offences

A
  1. Crimes
  2. Simple
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9
Q

WA criminal Courts

A
  1. Magistrates
  2. District
  3. Supreme
  4. Children’s
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10
Q

Statute of limitations

A

Criminal: NONE unless stated
Simple: 12 MONTHS unless stated

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11
Q

Elements of an offence

A

EVERY ELEMENT of offence MUST be proven BEYOND REASONABLE DOUBT

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12
Q

Burden of proof

A

Prosecution:
Burden of proving elements of offence belonging to prosecution

Defence:
Reversal of proof (proving insanity / intox)

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13
Q

Standard of proof

A

Prosecution: BEYOND REASONABLE DOUBT

Defence: prove matter to lesser standard; ON THE BALANCE OF PROBABILITIES

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14
Q

Can you do a stop and search based on system warnings and/or previous convictions

A

No

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15
Q

What three factors can determine if you have search rights

A

Time
Place
Circumstance

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16
Q

What section are attempts under in crime code

A

Section 4

17
Q

An attempt must meet which 4 criteria

A
  1. Intention to commit an offence
  2. Act or omission to carry out that intention
  3. Must be more than mere preparation
  4. Non-fulfilment of offence
18
Q

How many points do you get for referencing an act. And what for

A

5
Title of offence
Section
Subsection
Paragraph
Name of the act

19
Q

What are principal offenders

A

Offenders all charged with the same offence as the person committing

20
Q

What are the 5 principal offenders

A

A actual offender
B enabler
C aider
D procurer
D counsellor

21
Q

Define Actual offender

A

Person who commits offence

22
Q

Define Enabler

A

Person who makes it possible for the offence to be committed

23
Q

Define Aider

A

Person who gives assistance or encouragement in committing the offence

24
Q

Define Procurer

A

Person who gets someone else to commit offence

25
Q

Define Counsellor

A

Person who advises or tells someone how to commit the offence

26
Q

What is procuring children (2 parts)

A

Child under 10 not criminally responsible.
Sec 29 C.C

Person who gets child under 10 to commit offence is liable.
Sec 7 C.C

27
Q

What is mode of execution immaterial

A

If a person counsels another to commit an offence and they commit another offence where it is a probable consequence. They are charge with counselling

28
Q

Prosecution of common purpose

A

2 OR MORE persons with COMMON INTENT to perform offence. IN THE PROSECUTION of the offence commit ANOTHER offence which was a PROBABLE CONSEQUENCE. Both have committed the offence

29
Q

What are the three elements of Accessories after the fact

A
  1. Knowing AT THE TIME other person will commit offence
  2. RECEIVES OR ASSISTS the offender
  3. so offended may escape punishment