Mock 2014

Question 1

As O/C Exhibits, what must be done to ensure body samples are preserved as an exhibit?

Answer 1

A. Sealed plastic bag
B. Screw-top jar
C. They are refridgerated
D. Delivered to ESR within 24hrs

Question 2

Proof of the absence of an expressed consent is on its own insufficient to obtain a conviction of sexual violation.

What other factor must be established by the prosecution?

Answer 2

That the offender did not believe on reasonable grounds that the victim consented.

Question 3

Dave, a small time Cannabis dealer, decide to give his mate Geoff a Cannabis ‘tinnie’ as a 40th birthday present.

Is Dave’s liability a Drug dealing offence under Section 6 MODA?

Answer 3

Dave is not guilty of a drug dealing offence under Section 6 MODA 1975.

Question 4

Which one of these activities would be a private activity for the purpose of the Search and Surveillance Act 2012?

Answer 4

A conversation in a busy cafe?
A telephone convo at the reception of counter?
A convo in a parked vehicle
A convo between 2 prisoners in WH.

Answer: A convo in a parked vehicle.

Question 5

For a person to be liable for Attempted Arson under Sect 268 what must they do?

Answer 5

1. . Intend to damage by fire the property
2. Carry out an act sufficiently proximate to the intended offence of Arson.
3. Intend to damage by fire immovable property.
4. Intentionally damage by fire any property…….

CARRY OUT AN ACT SUFFICIENTLY PROXIMATE TO THE INTENDED OFFENCE OF ARSON.

Question 6

In Robbery Sect 234(1) to “extort” means to…….

Answer 6

1. To obtain by force or fraud
2. to physically remove from a person
3. To obtain by coercion or intimidation
4. To take by force

TO OBTAIN BY COERCION OR INTIMIDATION.

Question 7

What are the 3 stages of money laundering?

Answer 7

Placement, Layering and Integration

Question 8

What is the fundamental test of whether something is a Document?

Answer 8

Whether the writing conveys the same messages as the spoken word in the minds of all people able to read it.

Question 9

Where you decide to arrest an offender for an assault that may result in the death of the victim, what should the offender be initially be charged with?

Answer 9

1. Off - punishable by at least 3yrs
2. Off - punishable by less than 3yrs
3. Off - punishable more than 3yrs
4. Off - punishable by exactly 3yrs

ANSWER: An offence that is punishable by less than 3 years imprisonment.

Question 10

Barry threatens a boy to hand over his money. He said he doesn’t have any and lets him go? What is the most appropriate charge?

Answer 10

Assault with intent to Rob (Sect 236 CA 61)

Question 11

The issue of proximity in relation to an attempt is a question of law.

1. What must the Judge Consider?
2. What must the Jury Consider?

Answer 11

1. The Judge must decide whether the accused had left the PREPARATION BEHIND and was already TRYING to effect the completion of the full offence.
2. If the Judge decides that the accused’s actions were more than preparation the CASE GOES TO THE JURY. That is to say HE DECIDES ON THE MATTER OF LAW whether the actions were close enough to constitute an attempt.
3. The JURY DECIDES WHETHER THE FACTS ADDUCED BY THE CROWN HAVE BEEN PROVED BEYOND REASONABLE DOUBT and if so determines whether the acts of the accused are sufficiently proximate to the offence.
4. In other words the prosecution evidence must also CONVINCE THE JURY beyond a reasonable doubt the at THE ACCUSED INTENDED TO COMMIT THE FULL OFFENCE.

Question 12

Section 159 Crimes Act 1961 relates to the Killing of a Child. Define when a child becomes a human being under Section 159(1).

Answer 12

SECTION 159(1) - KILLING OF A CHILD
(1) A child becomes a human being within the meaning this Act when:

• it has completely proceeded in a living state from the body of his mother.
• Whether it has BREATHED or not
• whether it has an INDEPENDANT CIRCULATION or not
• Whether the NAVEL string is served or not.

Question 13

What must the Crown prove to convict on a Charge of Accessory After the Fact, Section 71(1) CA 1961.

Answer 13

• AT THE TIME of Receiving, Comforting or Assisting (CAR) that person the accessory new that person was a party to the offence.
• an OFFENCE WAS COMMITTED by the person Received, comforted or assisted by the accessory.
• The accessory (CAR) that person orTAMPERED with or ACTIVELY SUPPRESSED any evidence against that person.
• AT THE TIME of (CAR) the accessory’s PURPOSE WAS TO ENABLE THAT PERSON to escape after arrest or to avoid arrest or conviction.

Question 14

Define Murder as outlined in Section 167 CA 1961

Answer 14

(a) If the offender MEANS to cause the death of the person killed.
(b) If the offender means to cause the person killed any BODILY INJURY that is known to the offender to be likely to cause death, and is RECKLESS whether death ensues or not.
(c) If the offender means to cause death, or being so reckless, means to cause such bodily injury and by ACCIDENT or MISTAKE kills another person, though he does not mean to HURT THE PERSON KILLED
(d) If the offender of any UNLAWFUL OBJECT does an act that he knows to be likely to cause death, AND THEREBY KILLS ANY PERSON, though he may have desired that his OBJECT SHOULD BE EFFECTED without hurting anyone.

Question 15

List all the Ingredients of ‘Commission of Crime with Firearm’ Section 198B Crimes Act 1961

Answer 15

10yrs

(a) In committing a Crime Uses any firearm

OR

(b) While committing any crime
Has any firearm with him/her
In circumstances that Prima Facie show an intention to use it in connection with that Crime.

Question 16

R v Ranger - Outlines what is required to uphold a defense of ‘Self Defence’. Detail what was held in R v Ranger.

Answer 16

• Did the accused use force for the purposing of defending themselves or another
• This requires that the force was used for the purpose of defence or protection
• This will be determined by ref to the circumstances as the accused believed them to be.
• What were the circumstances as the accused believed them to be?
• It is the use of force that must be reasonable, not the belief. However, the belief must be honestly held.

Question 17

Identify the three offences outlined in Section 134, Sexual Conduct with a Young Person under 16.

Answer 17

(1) Sexual Connection with a Young Person
(2) Attempts to have Sexual Connection with a Young Person
(3) Does an indecent act on a young person

Question 18

Under what circumstances in Court, may questions be put to a complainant in a sexual matter about her sexual experience with persons other than the accused?

Answer 18

Section 4 Evidence Act 2006

(1) In a sexual case, NO EVIDENCE CAN BE GIVEN AND NO QUESTION can be put to a witness relating directly or indirectly to the SEXUAL EXPERIENCE of the complainant with any person other than the defendant except with permission of the Judge.
(2) THE JUDGE MUST NOT GRANT permission unless satisfied that the EVIDENCE OR QUESTION is of SUCH DIRECT RELEVANCE TO FACTS IN ISSUE in the proceeding

OR

The issue of appropriate sentence, that it would be contrary to the interests of justice to exclude it.

Question 19

In relation to proving a charge of Possession of a Controlled Drug, list the 4 things that it will be necessary for the Crown to Prove.

Answer 19

1. KNOWLEDGE the drug exists
2. KNOWLEDGE THAT IT IS a controlled drug
3. Some degree of CONTROL OVER IT
4. An INTENTION TO posess it

Question 20

In relation to Aggravated Robbery Section 235(b) CA 1961 what was held in R v Galey

Answer 20

R v Galey

BEING TOGETHER in the context of 235(b) involves “2 or more persons having the COMMON INTENTION to use their combined force”

Either in any event or as circumstances might require, DIRECTLY IN THE PERPETRATION OF THE CRIME.

Question 21

Section 165 - Crimes Act 1961 details the offence of “causing death” that might have been prevented.

(a) Explain the legislation as it relates to Section 165 CA 1961
(b) Give an example referring to the leading case law

Answer 21

Section 165 CA 1961

(A) “Everybody who by any act or omission causes the death of another person kills that person, although death from that cause may have been prevented by resorting to property means”

(B) For example - R v Blaue - the death of a Jehovahs witness who had been stabbed but refused to accept a blood transfusion on the grounds of religious belief. The victim’s refusal did not break the casual connection between the act and death.

Question 22

On being appointed O/C Area Canvas on a homicide inquiry, your first task is to make a reconnaissance of the scene and the area to be canvassed.

When that has been completed, what matters would you then discuss with the O/C Investigation?

Answer 22

The O/C Area Canvass needs to discuss:

1. The area to be canvassed and the boundaries
2. Whether questionaires are to be used, and what questions they should contain.
3. What staff and transport will be required.

Question 23

When examining a fire scene, what four important features should be considered regarding the theories of the spread of the fire?

Answer 23

You should consider:

1. The Pointer or arrow theory
2. The low burning theory
3. Slow horizontal speed
4. Flame Speed

Question 24

Define a hostile witness pursuant to Section 4 of the Evidence Act 2006

Answer 24

A hostile witness is one who:

• EXHIBITS, or appears to exhibit, a lack of veracity when giving evidence unfavourable to the party who called the witness on a matter about which the witness may reasonably be supposed to have knowledge OR
• Gives evidence that is inconsistent with a statement made by that witness in a manner that exhibits, or appears to exhibit, an intention to be unhelpful to the party who called the witness OR
• Refuses to answer questions or deliberately with holds evidence.

Question 25

Where the Crown Prosecutor is to be engaged to conduct a prosecution, you should liaise with them to discuss what things?

Answer 25

1. Facts of case and file content
2. The selection and order of witnesses
3. The exhibits to be produced
4. The number and order of photographs to be produced.
5. Any problems you envisage during the hearing.

Question 26

John commits a Robbery and is chased by police. The officer catches John and John immediately starts hitting the officer in the head with a torch trying to get away. Although receiving a deep gash to his face which bled profusely the officer still manages to subdue John and arrest him.

Outline the most appropriate charge in relation to the officers inquiry and explain your answer.

Answer 26

Aggravated Wounding Sect 191(1)(c)

Explanation must include:

• John;s intention was to flee a crime and what the crime was
• He meant to facilitate that by hitting the officer with the torch showing his intent to cause the harm
• A wound was the resulting harm

Question 27

Culpable Homicide talks about any “legal duty”

(a) What is a “Legal Duty”?
(b) List 3 statutory legal duties

Answer 27

(a) A duty imposed either by statute or common law.

(b) Any three of:
1. Provide the necessaries of life
2. Provide the necessaries to your charges when you are a parent or guardian
3. Provide necessaries as an employer
4. Use reasonable knowledge and skill when performing dangerous acts
5. Take precautions when in charge of dangerous things
6. Avoid omissions that will endanger life.

Question 28

What 4 fundamental principles of evidence law does the Court need to consider in deciding whether evidence is admissible?

Answer 28

PURR
Public Interest
Unfairness
Relevance
Reliability

Question 29

Why is a charge of attempted murder more difficult to prove than a charge of murder?

Answer 29

1. A charge of “attempted murder” requires the specific attempt to kill.
2. Whereas murder can be established if the prosecution proves an intent to cause bodily injury
3. That the offender knew
4. Was likely to cause death

Question 30

Upon Serving a Police Safety Order (and after explaining its effect and consequence of any breach) you must ensure that the bound person does what:

Answer 30

1. Immediately surrenders all firearms or weapons (and firearms license if held) in their possession or control.
2. Vacates the land or building occupied by a person at risk. It is relevant whether this person has financial interest this place.

Question 31

EVIDENCE AND COURTROOM RESPONSIBILITIES

You are briefing a witness for court in which a lot of his evidence relates to hearsay. You explain to the witness the legal rules regarding hearsay evidence.

In relation to these rules, explain the reason why the lack of reliability is the reason for rationale against hearsay. (4marks)

Answer 31

1. Where the maker of the statement is not called as a witness, THERE IS NO OPPORTUNITY TO CROSS EXAMINE THEM regarding its contents, the circumstances in which it was made, and so on.
2. The rule addresses the concern that juries CANNOT EVALUATE EVIDENCE PROPERLY without being able to see the DEMEANOUR of the person who making the statement in question.
3. There is a danger that WITNESSES will make mistakes ABOUT THE MEANING AND CONTENT of statements made by other people. Chinese Whispers
4. There is a danger of ATTRIBUTING UN-DESERVED WEIGHT TO EVIDENCE that cannot be adequately or properly tested. There needs to be a REASONABLE ASSURANCE of reliability which means the evidence must be reliable enough for the fact finder to consider it and draw his or her own conclusions as to weight.

Question 32

EVIDENCE AND COURTROOM RESPONSIBILITIES

You explain to the victim that Section 18 of the Evidence Act 2006 contains the main exception to the exclusionary Rule.

Under Section 18 of the Evidence Act 2006 a hearsay statement is admissible in any proceedings if……(2marks)

Answer 32

(a) the circumstance relating to the statement provide REASONABLE ASSURANCE that the statement is RELIABLE

AND

(b) either

(i) the maker of the statement is unavailable as a witness; OR
(ii) the judge considers that UNDUE EXPENSE or DELAY would be caused if the maker of the statement were required to be a witness.

Question 33

EVIDENCE AND COURTROOM RESPONSIBILITIES

the matter before the court is Sexual violation. The victim becomes concerned about who may be present in court when she gives evidence.

In a sexual Case, Section 185C Summary Proceedings Act 1957, details who maybe present during the giving of oral evidence of any victim. List 8 of these persons. (4marks)

Answer 33

No person shall be in the court room except the following:

(a) the Judge orJustices
(b) The prosecutor
(c) The defendant and any other person who is for the time being acting as custodian of the defendant
(d) Any barrister or solicitor engaged in the proceedings
(e) Any officer of the court
(f) Any person who is for the time being responsible for the recording of the proceedings
(g) the member of the Police in charge of the case
(h) Any accredited news media reporter
(i) Any person whose presence is requested by the complainant
(j) Any person expressly permitted by the Judge or Justices to be present.

Question 34

INITIAL ACTION AT SERIOUS CRIME

You have been called to the local reserve where a person is reported to be lying facedown in the middle of a wooded area.

Details the actions you should take if the victim shows no sign of life? (4 marks)

Answer 34

1. Checks for signs of life but DO NOT move the body unless absolutely necessary.
2. Call for an Ambulance and attempt to resuscitate where appropriate.
3. if you have to move the body, record the original position. Do not attempt to return the body to the original position.
4. Consider the safety of yourself and other first responders to the scene.
5. Stand still and record what you can see. e.g - position of the body and exhibits.
6. Note the condition of the clothing. Is it wet, bloody, disarranged.
7. If possible, sketch a plan of the room or site. Note the position of everything you can see.
8. Give the O/C Investigation an early SITREP.

Question 35

INITIAL ACTION AT SERIOUS CRIME

After dealing with the body you notice a male sanding off to the side with what appears to be blood on his face.

You suspect it to be the offender.

Details the steps you should take if the suspect is present at any scene. (4marks)

Answer 35

1. Ensure the suspect does not leave the scene.
2. Do not make an arrest unless absolutely necessary and then only if you have good cause to suspect an offence has been committed by the suspect.
3. Separate the suspect from witnesses and other suspects.
4. Note the suspects appearance, conduct, demeanour.
5. Record any comments.
6. If necessary, caution the suspect using the wording on the Rights Caution card.
7. Conduct a preliminary search and prevent the disposal of evidence.
8. Consider conducting a preliminary interview. Record everything the suspect says.

Question 36

COVERT HUMAN SOURCE AND INTELLIGENCE

You are making your morning visit to the cells. You speak to a male K9’d for 1D. You made an appreciation and decide his is unsuitable as you consider him a “Vulnerable Person”

The definition of “vulnerable person” includes who? (2marks)

Answer 36

1. Children or YPs
2. People with learning or communication difficulties
3. People with Alcohol or drug addictions
4. Women with battered woman syndrome
5. People with mental or physical disorders or disabilities.

Question 37

Formal registration of a CHIS.

You explain the HMSU Must manage robust and suitable processes to ensure the protection of sources, Handlers, NZ Police and the community.

The CHIS formal registration process ensures that:….(4 marks)

Answer 37

1. any person who is willing and able to provide covert information to police is registered in the Human Source database.
2. Any relationship between a Human Source and Police Handler is RISK ASSESSED, approved intrusively SUPERVISED AND REVIEWED.
3. the responsibilities of all people involved in the relationship are TRANSPARENT AND MONITORED
4. That a person who offers information IS NOT IN THE PROCESS OF BEING REGISTERED
5. Or has been REFUSED REGISTRATION, cannot be used as the source of info or operated as a Human Source by any member of NZ Police

Question 38

CHIS

In relation to CHIS policy and Procedures define the term “Handler” and “co-Handler”

Answer 38

A human source handler or co handler is a POLICE MEMBER who has COMPLETED CHIS handling ACCREDITATION gaining to at least LEVEL 1

A co-handler ASSISTS the PRIMARY HANDLER or ASSUMES the handlers role and responsibilities when required.

Question 39

CPT INVESTIGATION GUIDELINES AND PROTOCOLS

You are D/C receive a call from WH. Mum and 7yr at counter as step dad touching vagina.

1. Do the CPT guidelines and protocols apply to Tammy? Explain your answer. (1mark)
2. Should any questions be put to Tammy? Explain (2marks)

Answer 39

1. YES.
   She is under 17yrs at the time of reporting a sexual offence.
2. • NO
   • As she has disclosed to an adult
   • And there is no safety concerns
   • And it is clear an offence has been committed.

Question 40

CPT INVESTIGATION GUIDELINES AND PROTOCOLS

1. It is deemed to be an urgent matter. To ensure the CPP are met, what 3 steps should be taken and what timeframe they have to be completed in.? (2marks)
2. What must a JIP agree to? (2marks)

Answer 40

1. Referal to CYFS
2. Consultation with a CYF’s SW to organise an investigation plan
3. An agreement with CYFS to the plan
4. This must be done within 48 hours

JIP

1. Who is involved
2. What they will do
3. When it will be done

Question 41

BASIC SURVEILLANCE
SEARCH AND SURVEILLANCE ACT 2012

1. D/S directs you to set up on obs post in the back yard of a house next to your target in an ongoing cannabis operating. The OP is on the property that is unoccupied. You realised that this will be a Trespass Surveillance and thus Unlawful and would need a surveillance warrant.

Define “Trespass Surveillance” as contained within search and Surveillance Act” (1mark)

2. You get consent. Your DS Tasks you with video recording activities within the “curtilage” as contained in the SASA 2012. (2.5marks)
   Give 2 examples (1.5marks)

Answer 41

1. • Trespass Surveillance occurs THE MOMENT YOU STEP ONTO PRIVATE PROPERTY without consent.
   • for Surveillance purposes IF YOU DO NOT HAVE CONSENT to enter onto private property then you are trespassing.

CURTILAGE means

1. the LAND IMMEDIATELY SURROUNDING a house or dwelling.
2. Including any closely ASSOCIATED BUILDINGS OR STRUCTURES
3. But EXCLUDING any associated open fields beyond

EXAMPLES

• DECK off the back of the house
• Outside SHED
• GARAGE
• DRIVEWAY
• SHARED RIGHT OF WAY contained inside the boundaries of the house
• SHARED AREA closely proximate to the properties.

Question 42

BASIC SURVEILLANCE
SEARCH AND SURVEILLANCE ACT 2012

He tasks you to continuously video the Curtilage areas for the entire shift - 9hours

1. Explain the reasons why you would have to apply for a Surveillance warrant in this situation. (2marks)

Answer 42

1. Activities for which Surveillance Device Warrant is required:

• OBSERVATION OF PRIVATE ACTIVITY in the curtilage of a private premises
• and ANY RECORDING OF THAT OBSERVATION if any part of it or recording is by means of a visual surveillance device
• and THE DURATION of that observation for the purposes of a single investigation or a connected series of a investigation EXCEEDS
• 3 hours total in 24 hr period
• 8 hours in total.

Question 43

BASIC SURVEILLANCE
SEARCH AND SURVEILLANCE ACT 2012

Define Visual Surveillance (1mark)

Outline visual Aids which are specifically excluded from this definition under the act (1 mark)

Answer 43

Means any Electronic, mechanical,electromagnetic, optical or instrument, apparatus, equipment.

OR
other device that is used or is capable of being used TO OBSERVE or TO OBSERVE AND RECORD a private activity

DOES NOT INCLUDE:

• Spectacles contact lenses
• or a similar device used to correct subnormal vision of the user to not better that normal vision.

Question 44

SCENE AND EXHIBITS

Rape scene.
Detail what your responsibilities as O/C Scene

Answer 44

BRIEFING staff on their duties

RECONNAISSANCE - Conduct a reconnaissance to gain overall picture of scene and test possible reconstructions

UPLIFTING, inspecting and ensuring delivery of labelled exhibits to the exhibit recorder

CONTROLLING, freezing and preserving the scene and ensuring it is safe

COMMUNICATION - Providing communication link between the scene and O/C Investigation

COMMON - Establishing a common approach path between police cordon and scene’s focal point

COORDINATING and overseeing the crime scene examination

ENSURING scene is photographed, fingerprinted and examined by specialists before searched

PLANNING a strategy for forensic examination

PROVING relevant exhibits in court

Question 45

What are the aims of a forensic Scene Strategy? (4marks)

Answer 45

1. Set objectives
2. identify resources to implement the strategy
3. Appoint the forensic examination team, including a scene manager
4. Co-ordinator to manage the forensic strategy on a day to day basis and be responsible for its deliver
5. Develop a scene examination plan
6. Monitor forensic actions
7. Ensure exhibit reviews are conducted in support of interview strategies and lines of enquiry
8. Prioritise SEQUENTIAL EXAMINATIONS including fast-tracking exams and standard submissions with internal and external forensic service providers.

Question 46

What is a reconnaissance?

What is the purpose of a reconnaissance?

(2marks)

Answer 46

• It is a preliminary or survey made to get an overall picture of the scene without disturbing the evidence.
• The purpose is to conduct an assessment providing information allowing you to make or formulate:
• a prelim reconstruction
• An appreciation
• A plan of action