Lst Revsion Flashcards
What is common assault
Any person who unlawfully assaults or beats another person
Points of proof: identity, unlawfully assault, another person
Assault, application of force
Type of force, used may be direct or indirect
There are 3 elements are
-Accused applied force to a person body
-force was intentional or reckless and
-Application of force was without lawful justification or excuse
Indictable assault
Assaults inflicting physical injury and harm to mental health
Whether temporary or permanent
Examples are broken bones, psychological harm
Serious injury is assault endangering life/is substantial and protracted
What is section 247 MH WB ACT
Authorised person may search a person under their care and control if suspect on reasonable grounds they have anything to cause danger to health and safety to themselves or others
Handled stolen goods, what offence is it and define it with the four elements
Person handle stolen goods if knowing or believing them to be stolen goods and dishonestly received the goods or bring them into Victoria for their retention, removals, disposal, for the benefit of another person
Indictable offence
Elements:
the accused handles goods
The goods were stolen at the time
They believed at the time when they handled the goods that they were stolen
The handling of goods were dishonest
What is property the proceeds of crime, what offence and elements to it
Is an accused person who is dealing with property where there are reasonable grounds to suspect that it is the proceeds to a crime
Summary offence
Elements are: accused dealt with the property and suspect on reasonable grounds that the property is proceeds of a crime
What powers do we have for arresting with parole
Parole- Arrest with a warrant, S77B Corrections Act
Parole- Arrest without a warrant, S78B Corrections Act
What’s the arrest power for someone breaching their bail and what are some conditions to be imposed on bail
S24 Bail Act, surrender passport, abstaining from alcohol or drugs, regular reporting to particular police station, bans from specific locations
What is burglary, explain power of arrest, and points of proof
Is when a person enters a building or part of a building as a tresspaser with the intent to:
Steal anything or to commit an offence involving assaulting a person or damaging property
POA: indictable offence, 459 CA
POP: identity, entering a building or part of building, as a tresspaser, with the intent to steal, assault or damage property
What is agg burg, what offence and points if proof
A person guilty of aggravated burglary if commits burglary and has with them
A offensive weapon, imitation firearm, firearm, explosive, imitation explosive
Or
At the time of entering the building or part of the building knew that a person was present or reckless as to whether a person was present
Loiter with intent to commit an indictable offence
Is a known/ reputed thief or known to have committed drug related offences and
Is loitering in a public place and
Loitering with intent to commit an indictable offence and
While loitering engages in conduct in furtherance of the commission of that indictable offence.
It’s a summary offence
Has to be either known thief, reputed thief, known to commit drug related offences, reputed to have committed drug related offences
Possess articles or burg, theft or cheat
Summary offence and not as his place of abode, has an article for use in the course or connection with burg, theft or cheat
POP: Identity, when not place of abode, has with him/her any article, use in connection for burg, theft or cheat
What is assault, common and statutory law
Direct or indirect application of force by a person to the body of clothing, equipment
-without lawful excuse;
- with intent to inflict or being reckless as to the infliction of bodily injury, pain, discomfort
COMMON LAW: A person who unlawfully assaults or beats another person
Assault- Application of force
Force may be direct or indirect
3 elements are
- Accused applied force to a persons body
- application of force was intentional or reckless
-application of force was unlawful or without excuse
Submission of brief
Briefs must be submitted within 28 days or if returned for further information, resubmitted in 7 days
What is the form number for briefs
Form 1372
Who can authorise briefs
Senior sergeant, work unit manager
When does the informant serve the charges and summons on the accused?
At least 14 days before first mention hearing
What methods they are for serving a brief ?
Personal service to accused or legal practitioner
Ordinary service sent via mail, to accused or legal practitioner
Court procedures what stages there are?
Evidence in chief then cross examination then re examination
