MOCK - Dec 2014 and March 2015 Flashcards
Bob has a fight with Peter. Bob punches Peter and then hits him in the face with a bottle. Some of the glass breaks and cuts his eye.
What is the offence? Ingredients
Section 188(1) - Wounding with intent to cause GBH
A Guy grabs a girl from behind and hits her on the head. He then pulls her pants down and tries to have sex with her.
What is the offence? Ingredients
ASSAULT WITH INTENT TO COMMIT SEXUAL VIOLATION Section 129(2) - 10yrs
Every one who assaults another person with intent to commit sexual violation of the other person
Jenny goes into the mall and grabs Mary’s handbag. Mary holds on to it and Jenny pulls out a knife. She tells her to let it go but she won’t. People yell out and scare her off.
What is the offence? Ingredients
Assault with intent to Rob Sect 236(1)(b) 14yrs
- With intent to Rob
- Being armed with any offensive weapon OR Instrument OR
Anything appearing to be an offensive weapon or instrument - Assaults that person or any other weapon
Bob gives Jenny some Meth to have sex with him.
What is the offence? Ingredients
Supply Class A/B Controlled Drug Sect 6(1)(c) MODA Life/14 1. Supplies OR Administers OR Offer To Supply or Administer OR otherwise Deal 2. Class A or B controlled Drug 3. To any person
John sets fire to his porch so he can claim insurance.
What is the offence? Ingredients
Arson
Section 267(1)(c) Crimes Act 1961
14yrs
- Intentionally
- Damages by fire or by means of any explosive
- Any immovable property, or Vehicle, Ship or Aircraft
- With intent to obtain
- Any benefit, or to cause loss
- To any other person
Bill takes his daugther to another town to marry his cousin. She yells that she doesn’t want to do it but he does it anyway.
What is the offence? Ingredients
Abduction Section 208(c) - 14yrs
- Unlawfully
- Takes away
- A person
- Without her consent
- With intent
- To cause her to marry another person
Alex uses a iron bar to rob Joe.
What is the offence? Ingredients.
Aggravated Robbery Section 235(1)(c) - 14yrs
- Being armed with an offensive weapon
- Robs
- Any person
A girl uses her mums credit card to buy some jeans for her boyfriend.
What is the offence? Ingredients.
Deception
Sect 240(1(a)
7yrs/1year/3mths
- By any deception
- Any without claim of right
- Obtains possession or control over
- Any property OR Privilege OR Service OR Pecuniary Advantage OR Benefit OR Valuable consideration
Two boys touch the victims pubic hair while they were are in the pool
What is the offence? Ingredients.
Indecent Assault
Section 135 - 7yrs
A person
Indecently Assaults
Another person
What is the difference of voluntary and involuntary manslaughter?
The key difference between manslaughter and murder DEPENDS ON THE MENTAL ELEMENT that must be established to support the charge.
VOLUNTARY MANSLAUGHTER
Mitigating circumstances, such as a suicide pact, reduce what would otherwise be murder to manslaughter, even though the defendant may have
intended to kill or cause grievous bodily harm.
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INVOLUNTARY MANSLAUGHTER
Covers those types of unlawful killing in which the death is caused by an unlawful act or gross negligence. In such cases there has been no intention to kill or to cause grievous bodily harm.
Explain ‘Failure to protect child’ - Section 195A
Mens Rea/Actus Reus
Section 195A
s195A Crimes Act 1961 imposes criminal liability in some situations where it is known a child (or vulnerable adult) is at risk of harm but where no action is taken.
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The offence applies to:
• members of the same household
• people who are staff members of any hospital, institution or residence where the victim resides.
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Criminal liability will arise if such a person has frequent contact with a child (or vulnerable adult) and:
• knows (mens rea) the victim is at risk of death, grievous bodily harm or sexual assault as a result of the acts or omissions of another person; and
• fails (actus reus) to take reasonable steps to protect the victim from that risk.
Section 134 - What are the three offences.
Section 134, Crimes Act 1961
Sexual conduct with young person under 16
(1) Every one who has sexual connection with a young person is liable to imprisonment for a term not exceeding 10 years.
(2) Every one who attempts to have sexual connection with a young person is liable to imprisonment for a term not exceeding 10 years.
(3) Every one who does an indecent act on a young person is liable to imprisonment for a term not exceeding 7 years.
(4) No person can be convicted of a charge under this section if he or she was married to the young person concerned at the time of the sexual connection or indecent act concerned.
Section 8(1) - Bail Act
Consideration of just cause for continued detention
(1) In considering whether there is just cause for continued detention, the court must take into account—
(a) whether there is a … risk that—
(i) the defendant may FTA in court on the date to which the defendant has been remanded; or
(ii) the defendant may INTERFERE with witnesses or evidence; or
(iii) the defendant may OFFEND while on bail; and
(b) ANY MATTER that would make it UNJUST to detain the defendant.
Section 8(1) - Bail Act
Consideration of just cause for continued detention
(1) In considering whether there is just cause for continued detention, the court must take into account—
(a) whether there is a … risk that—
(i) the defendant may FTA in court on the date to which the defendant has been remanded; or
(ii) the defendant may INTERFERE with witnesses or evidence; or
(iii) the defendant may OFFEND while on bail; and
(b) ANY MATTER that would make it UNJUST to detain the defendant.
What is the difference between Sexual Violation and Rape?
“Rape” is a specific form of sexual violation that involves the non-consensual penetration of the complainant’s genitalia by the offender’s penis.
“Unlawful Sexual Connection” has a wider meaning, and includes any form of non-consensual penetration or oral connection with a person’s genitalia or anus.
The only difference between sexual violation and attempted sexual violation is that in the attempt, the offender was unsuccessful in effecting the intended sexual connection. The mental elements of the two offences, in terms of intent and reasonable belief in consent, are the same.
What do you need to prove for ‘Possession’?
Possession may be “actual” or “constructive.”
Actual possession arises where the thing in question is in a person’s physical custody; it is on or about their person, or immediately at hand.
Warner v Metropolitan Police Commissioner [1969] 2 AC 253
The term “possession” must be given a sensible and reasonable meaning in its context. Ideally, a possessor of a thing has:
- complete physical control over it
- knowledge of its existence, its situation and its qualities.
What are the 3 offences under Section 134?
SEXUAL CONDUCT WITH YOUNG PERSON UNDER 16
Section 134
134(1) - 10yrs
Every one who has SEXUAL CONNECTION with a young person
134(2) - 10yrs
Every one who ATTEMPTS to have SEXUAL CONNECTION with a young person.
134(3) - 7yrs
Every one who DOES AN INDECENT ACT on a young person
Section 30 - Victim Rights
What are your obligations?
Victim’s views about release on bail of accused or offender
1) (a) the victim is the victim of a specified offence; and
(b) the person accused of the offence or, as the case requires, the offender, applies
2) the prosecutor must—
(a) make all reasonable efforts to ascertain any views the victim has about the accused, or,
as the case requires, the offender, being released on bail; and
(b)inform the court of any views ascertained under paragraph (a).
File Manager Functions
ADAMS ACE AO
A Assist with establishing and maintaining the Investigation Headquarters
D Document Management System outlined in the Serious Crime Template
A Assist the 2IC with the Identification and recording of evidential material
M Manage the electronic and physical files relating to the investigation
S Support the 2IC by reading all documents for the purpose of highlighting important information to the 2IC
A Assist with the preparation of the prosecution file
C Complete a synopsis of all documents received, excluding documents relating to covert policing activities.
E Ensure a flow of info throughout the investigation
A Assist with management of the trial
O Operate the paper flow and associated structure in accordance with the Serious Crime Template
Section 117 - Search and Surveillance Act
If an application for a warrant is ABOUT to be made or HAS been made and has not been GRANTED or REFUSED by an issuing officer, an officer present at the place or vehicle may;
- ENTER and SECURE the place, vehicle or thing
- SECURE any item found at the place, vehicle or thing
- DIRECT any person to assist with the entry and securing the place, vehicle or thing or the securing of items.
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Officer must have: - RGTB
- Evidence may be C.A.R.D.D (destroyed, concealed, altered, damaged, or removed) before a decision to grant or refuse the SW
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Powers may be exercised until: - 6 hours from when the power is first exercised
- The WARRANT IS AVAILABLE for execution at the place, vehicle or thing
- The application for a warrant is REFUSED
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Officer must, on request: - ID themselves by name or unique identifier
- State, name of the enactment and the reason for the search,unless it is impracticable to do so.
- If not in uniform, produce evidence of their ID
