Mock Questions

Question 1

Simon loves fire. One night while walking around looking for his next fix he sees a parked car on the street and cannot help himself. He takes some petrol from his bag and pours it over the bonnet of the car before lighting it with a match. The car goes up in flames and Simon hides in nearby bushes to watch the car burn.

Identify the act and most appropriate section (offence) for this scenario. List the elements of the offence to be proven and briefly discuss how they relate to the scenario.

Answer 1

Arson (Vehicle, No interest) Section 267 (1)(b) Crimes Act 1961

Intentionally

Without claim of Right

Damages with Fire

Any Vehicle

In which the party has no interest in.

Intentionally

Intent - Intended to commit the act, get a specific result

R v Collister - Actions before during and after can prove intent.

Simon showed he intended to set the car alight by removing Petrol from his bag, pouring it over the car and lighting it with a match. Simon then hides in the bushes and watches the car burn. These combinations of acts shows that Simon intended to Intentionally set fire to the vehicle.

Without Claim of Right

COR - A belief at the time of the act in having a proprietary or possessory claim to the property

Simon has no claim, proprietary or possessory right to the vehicle

Damages with Fire

Damages - Can be temporary or permanent.

Fire - Fire is a chemical reaction between Fuel, Oxygen and triggered by Heat. All must be present for the Fire to be sustained.

Simon pours a Fuel/accelerant (petrol) onto the bonnet of the vehicle.

Oxygen is a naturally occurring element present in the air.

The match that Simon throws at the vehicle provides the necessary heat for the fire to begin

Any Vehicle

The car is a vehicle.

In which the party has no interest in.

Simon has no interest real or otherwise in the vehicle.

Question 2

Prior to setting the car on fire, Simon had attempted to set an old shed on fire using a screwed up newspaper he had taken from a nearby bin and loose wood he had collected but found that he couldn’t get the wood to light as it was too wet. He gave up and moved on to the car.

There are no specific criteria set down in legislation to assist in determining whether a defendant’s actions did or did not amount to an attempt; each scenario must be analysed on a case-by-case basis.

Discuss what the Court held in R v Harpur regarding defendants’ actions in relation to “attempts”.

Answer 2

Conduct viewed cumulatively up to the point when the conduct in question stops. Defendants conduct may be considered in its entirety.

Question 3

Damages by fire is a key element of Arson offences. The prosecution must prove that the specified property has been “damaged” by fire or explosive as a result of the defendant’s actions.

Define ‘Damages by fire’ using case law to support your answer.

Answer 3

Damages with Fire

Damage - Can be temporary or permanent.

R v Archer
Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value

Fire - Fire is a chemical reaction between Fuel, Oxygen and triggered by Heat. All must be present for the Fire to be sustained.

Simon pours a Fuel/accelerant (petrol) onto the bonnet of the vehicle.

Oxygen is a naturally occurring element present in the air.

The match that Simon throws at the vehicle provides the necessary heat for the fire to begin

Question 4

Malo and Eddie are two Mongrel Mob members who are in a turf war over drug sales in Porirua East. One night at the pad Malo challenges Eddie to a fight. As they walk outside to sort it out Malo grabs a full 750ml Tui beer bottle and breaks it on the door leaving some jagged edges on the bottle.

Hearing the smash Eddie turns around just as Malo lunges forward aiming a blow with the broken bottle at Eddie’s head. Eddie ducks just in time and the bottle brushes across his shoulder causing a minor graze that doesn’t bleed.

Identify the Act and most appropriate section (offence) for this scenario. List the elements of the offence to be proven and discuss how they relate to the scenario.

Answer 4

Injuring with Intent to cause GBH Section 189(1) Crimes Act 1961

With Intent to Cause GBH

To any person

Injures

Any Person

With Intent to cause GBH

R v Collister

R v Taisalika - The nature of the gash shows the necessary intent

Intent is made of 2 parts, to commit and to get a specific result.

GBH - Grievous Bodily Harm, Bodily harm is self explanatory, but Grievous is no more or no less than Really Serious Harm.

Malo challenges Eddie to a fight, As they walk outside to sort it out Malo grabs a full 750ml Tui beer bottle and breaks it on the door leaving some jagged edges on the bottle.

Hearing the smash Eddie turns around just as Malo lunges forward aiming a blow with the broken bottle at Eddie’s head. Eddie ducks just in time and the bottle brushes across his shoulder causing a minor graze that doesn’t bleed.

Malo shows intent by grabbing the Tui Bottle and smashing it leaving jagged edges on the bottle. Malo also shows intent by lunging forward aiming a blow at Eddies head with th

To any person

Gender Neutral Accepted by Judicial Notice and Circumstantial Evidence.

Injures

R v MacArthur - “Bodily harm” is any harm or injury

Question 5

When you arrive at the bar all the parties have left the scene. You observe the CCTV from the bar and identify Malo and Eddie as the persons involved but the actual assault is outside of the camera view. You can see a number of patrons appearing to film the altercation on their mobile phones. You note that one of these persons is still in the bar. Outline how you would deal with this witness.

Answer 5

Not sure about this one

Section 117Search and Surveillance Act 2012?

Search Person for Evidential Material relating to a 10 year offence.

Would approach the individual and politely ask if he will show me the video footage that he filmed on his phone.

If the individual refused i would inform him of my ;

Name Constable Peter JOHNSON

Intention to Search the individual

Act Search and Surveillance Act 2012

Reason For evidential material relating to a 14 year offence

Question 6

An ambulance at the scene is attending to a bar patron that was standing outside at the time of the incident and received a large open cut to their face from the glass shattering on the door when Malo broke the bottle.

Discuss Malo’s liability in relation to this patrons’ injuries.

Answer 6

Wounding with reckless disregard

Section 188 (2) Crimes Act 1961

With reckless disregard to the safety of others
Wounds
Any Person

Recklessly

R v Cameron - The defendant ought to be aware that his or her actions would bring about the prescribed results in the prescribed circumstances.

R v Tipple - They took a deliberate risk

Wounds

A wound is a breaking of the skin evidence with the flow of blood, internal or external.

Any Person

It is generally regarded that a person is evident by Judicial Notice or Circumstantial Evidence

Doctrine of Malice

Even though the harm intended for another individual is accidentally transferred to another, the offender is still criminally liable.

Question 7

When interviewing Malo in relation to the assault on Eddie he makes no admissions as to his intent. R v Taisalika is a key case law in cases of serious assaults but is just one option you can use in relation to proving the intent of the defendant. Identify at least 4 examples of circumstantial evidence could you use in this case to assist you in inferring Malo’s intent.

Answer 7

Malo’s words, actions, and conduct before after and during the event.

Malo’s use of a Weapon. Tui Bottle

Weapon of opportunity, grabbed the Tui Bottle and smashes, so a s to inflict GBH (really serious Harm)

Premeditation, Malo challenges Eddie to the fight

Question 8

An ‘Aim’ in relation to the appreciation process is the expression of what you are trying to achieve. The process for forming an aim takes on two steps. The first step is to review the current information you have.

From this information what should you identify as the second step as part of formulating your aim?

A
the relevant factors and ‘commander’s intent’.

B
any logistical and resourcing limitations which could prevent you from achieving the aim.

C
the ‘commander’s intent’ and any constraints that have been placed on you.

Answer 8

C
the ‘commander’s intent’ and any constraints that have been placed on you.

Question 9

Damage to property is an essential element of Section 267 of the Crimes Act 1961.

Define the term ‘property’ as set out in section 2 of the Crimes Act 1961?

Select one:

A
Real and personal property, and any estate or interest in any real or personal property, money, electricity, and any debt, and anything in action, and any other right or interest.

B
Real property and any estate or interest in any real property, money, electricity, and any debt, and anything in action, and any other right or interest.

C
Real and personal property, and any estate or interest in any real or personal property, money, electricity, and any other right or interest.

Answer 9

A
Real and personal property, and any estate or interest in any real or personal property, money, electricity, and any debt, and anything in action, and any other right or interest.

Question 10

An accessory after the fact to an offence is one who, knowing any person to have been a party to the offence, receives, comforts, or assists that person or tampers with or actively suppresses any evidence against them, in order to enable the person to:

Select one:

A
Avoid apprehension, escape after arrest, escape prosecution.

B
Escape after arrest, avoid arrest, avoid conviction.

C
Escape, avoid arrest, avoid prosecution.

Answer 10

B
Escape after arrest, avoid arrest, avoid conviction.

Question 11

Sections 188 and 189 of the Crimes Act 1961 both address offenders intent and victims outcome in relation to serious assaults

What is the key difference between the two sections?
Select one:

A
the outcome or injury to the victim.

B
section 188 does not have a ‘reckless’ component.

C
the intent of the offender.

Answer 11

A
the outcome or injury to the victim.

Question 12

What does Section 67, Crimes Act 1961 outline in regard to the liability when conspiring with a spouse or partner.

Select one:

A
Spousal immunity exists if the parties are married at the time of the alleged offence.

B
A person is capable of conspiring with his or her spouse or civil union partner or with his or her spouse or civil union partner and any other person.

C
A person is not capable of conspiring with his or her spouse or civil union partner or with his or her spouse or civil union partner and any other person as long as the parties can prove their relationship at the time of the alleged offence.

Answer 12

B
A person is capable of conspiring with his or her spouse or civil union partner or with his or her spouse or civil union partner and any other person.

Question 13

Section 117, Search and Surveillance Act 2012 gives you special powers where application for a search warrant is pending. The powers conferred in subsection (1) of Section 117 may be exercised until the first of three options occurs? Which of the following is NOT one of these options?

Select one:

A
you locate and seize the items subject to the search warrant application being made.

B
the warrant is available for execution at that place or vehicle or in respect of that other thing.

C
the expiry of 6 hours from when the power is first exercised.

Answer 13

A
you locate and seize the items subject to the search warrant application being made.

Question 14

Recklessness can be an element in a charge of Arson. The findings of Cameron V R are acknowledged as a guide when determining recklessness in criminal offending, including arson.

In relation to the interpretation of recklessness by the court in this matter, which of the following answers are correct?

Select one:

A
Recklessness is the conscious and deliberate taking of an unjustified risk.

B
That the defendant believed his/her actions were unreasonable but proceeded in any case.

C
Recklessness is objective in that it requires that the offender knows of, or has a conscious appreciation of the relevant risk.

Answer 14

A
Recklessness is the conscious and deliberate taking of an unjustified risk.

Question 15

When dealing with a case of an attempt, Section 72(1), Crimes Act 1961, the judge and jury have specific roles. Which of the following is the best representation of the function of the judge in relation to these cases?

Select one:

A
The judge must decide whether the accused had taken all steps necessary towards completing the full offence.

B
The judge must decide whether the accused had left the preparation stage and was already trying to effect completion of the full offence.

C
The judge must decide whether the facts presented by the Crown have been proved beyond reasonable doubt.

Answer 15

B
The judge must decide whether the accused had left the preparation stage and was already trying to effect completion of the full offence.

Question 16

At a student party with a Hawaiian beach theme Ben walks up behind another party-goer and lights the grass skirt worn by the girl with his lighter. This caused the victim serious burns. When interviewed by Police, Ben said he was just having a laugh and trying to scare his victim.

What is the most appropriate offence that Ben could be charged with?

Select one:

A
Arson, as he set fire to the skirt recklessly and ought to know danger to life was likely to ensue.

B
Attempted murder, as he intentionally lit the skirt which could have resulted in death.

C
Assault, as he was reckless as to whether his colleague would suffer a permanent injury

Answer 16

A
Arson, as he set fire to the skirt recklessly and ought to know danger to life was likely to ensue.

Question 17

The conspiratorial agreement requires the operation of both physical and mental faculties. What is the requisite actus reus for a charge of conspiracy?

Select one:

A
That the conspirators carry out an act or omission relating to the illegal conduct on which the agreement is based.

B
That the conspirators made some form of progression towards the completion of the offence however trivial. The acts or omissions need not be sufficiently proximate to the full offence.

C
That there was an agreement by two or more people to carry out the illegal conduct.

Answer 17

That there was an agreement by two or more people to carry out the illegal conduct.

Question 18

Bill is aware that the police are looking for him after having committed an aggravated robbery of a service station.

He has no intention of being caught and returning to prison . He turns up at his partner Sally’s flat. He tells her what he has done and encourages her let him hide out at her place until the heat dies down. She sets him up in her basement and looks after him until the Police search the flat looking for Bill and arrest him.

What offence could Sally be charged with?

Select one:
Accessory after the fact as she has received, comforted or assisted Bill to avoid arrest.

She is not liable for an offence as she is in a relationship with Bill therefore she has a spouse/civil union partner exception.

Party to the aggravated robbery as she played a role by hiding Bill to avoid arrest.

Answer 18

Accessory after the fact as she has received, comforted or assisted Bill to avoid arrest.

Question 19

There are situations where you are not able to charge someone with an attempt to commit an offence. Which of the following is NOT one of these situations?

Select one:
The criminality depends on recklessness or negligence.

The offence is such that the act has to have been completed in order for the offence to exist at all.

The circumstances are such that it is physically impossible to complete the full offence.

Answer 19

The circumstances are such that it is physically impossible to complete the full offence.

Question 20

In relation to the term “grievous bodily harm’ which of the following statements are most correct?

Select one:
A
GBH relates only to life threatening harm but need not be permanent.

B
GBH refers to the nature of the harm caused or how it was created, rather than the degree of it.

C
GBH refers to the degree of harm, rather than to the nature of it or how it was caused.

Answer 20

C
GBH refers to the degree of harm, rather than to the nature of it or how it was caused.

Question 21

Where it is legally possible, but physically impossible to commit the offence, can a person be charged with an attempt to commit the offence?

Select one:
A
YES - so long as the person performs the necessary acts, but it is not necessary to have the intent.

B
YES - so long as the offender has the necessary intention and performs the necessary acts.

C
NO - because regardless of whether the offender has the necessary intent, they cannot perform the necessary acts to complete the offence.

Answer 21

B
YES - so long as the offender has the necessary intention and performs the necessary acts.

Question 22

Doli Incapax is an ancient common law presumption that children under a particular age are “incapable of evil” and therefore should not be culpable for any criminal acts or omissions.

In New Zealand, a rebuttable presumption exists that;

Select one:

A
that a child aged 10 – 13 years inclusive cannot be criminally liable unless they knew their act or omission was wrong or contrary to law.

B
that a child under 10 years cannot be held legally responsible for their actions.

C
is determined by evidence from medical specialists such as psychologists, psychiatrists.

Answer 22

A
that a child aged 10 – 13 years inclusive cannot be criminally liable unless they knew their act or omission was wrong or contrary to law.

Question 23

Circumstantial evidence’ can be used to infer an offender’s intent in relation to serious assaults. This evidence can be divided into three broad areas, two of which are: the act itself and the surrounding circumstances. What is the third area?

Select one:
The offenders actions and words before, during and after the event.

The statement of the victim.

The injury received by the victim.

Answer 23

The offenders actions and words before, during and after the event.

Question 24

Jack and Jill are at a party. Jack persuades Jill to go into the bedroom of the house with him. Once in the room he brings out a syringe of Meth, tells Jill what it is and asks if she would like to try some. Jill says that she would so Jack injects some of the Meth into her arm before injecting himself. What is the most appropriate offence to charge Jack with?

Select one:
Offering to Supply Class A Controlled Drug, Section 6(1)(c), Misuse of Drugs Act 1975.

Supply Class A Controlled Drug, Section 6(1)(c), Misuse of Drugs Act 1975.

Administering a Controlled Drug , Section 6(1)(c), Misuse of Drugs Act 1975.

Answer 24

Administering a Controlled Drug , Section 6(1)(c), Misuse of Drugs Act 1975.

Question 25

While patrolling one night you stop a vehicle after seeing it drive through an intersection on a red light. When you approach the driver’s door you get a strong smell of cannabis coming from inside of the vehicle. How would you justify a decision to search the vehicle in relation to the cannabis smell from inside of the vehicle using section 20 of the Search and Surveillance Act 2012?

Select one:

A
You have reasonable grounds to suspect that in the vehicle is a controlled drug (namely Cannabis) and you have reasonable grounds to believe that it is not practicable to obtain a warrant. You have reasonable grounds to suspect that in the vehicle an offence against MODA75 has/is/about to be committed, and you have reasonable grounds to believe that is entry/search is not carried out immediately evidential material relating to the suspected offence will be CADD.

B
You have reasonable grounds to believe that in the vehicle is a controlled drug as specified in section 1,2 or 3 of the Misuse of Drugs Act 1975 (MODA75) and you have reasonable grounds to believe that it is not practicable to obtain a warrant. You have reasonable grounds to believe that in the vehicle an offence against MODA75 has been committed, and you have reasonable grounds to believe that is entry/search is not carried out immediately evidential material relating to the suspected offence will be CADD.

C
You have reasonable grounds to believe that in the vehicle is a controlled drug (namely Cannabis) and you have reasonable grounds to believe that it is not practicable to obtain a warrant. You have reasonable grounds to suspect that in the vehicle an offence against MODA75 has/is/about to be committed, and you have reasonable grounds to believe that is entry/search is not carried out immediately evidential material relating to the suspected offence will be CADD.

Answer 25

C
You have reasonable grounds to BELIEVE that in the vehicle is a controlled drug (namely Cannabis) and you have reasonable grounds to believe that it is not practicable to obtain a warrant. You have reasonable grounds to suspect that in the vehicle an offence against MODA75 has/is/about to be committed, and you have reasonable grounds to believe that is entry/search is not carried out immediately evidential material relating to the suspected offence will be CADD.

Question 26

The term rendering a person incapable of resistance by ‘violent means‘ is best defined as;

Select one:
A

The use of physical violence against the person to render them incapable of resistance.

B
The threat of violence, or the use of physical violence used to render the person incapable of resistance.

C
The use of any violence against the person, likely to render the person incapable of resistance.

Answer 26

B
The threat of violence, or the use of physical violence used to render the person incapable of resistance.

Question 27

Section 267(1)(b) Crimes Act 1961 relates to offences against immovable property.

Which of the following is an example of “immovable property”?

Select one:
A house bus.

A field of wheat.

A tent permanently set up as a ‘glamping’ rental on a rural property.

Answer 27

A field of wheat

Question 28

Ronnie is wanting to burgle a commercial premises. He has visited the premises several times during opening hours to check out the alarm systems and entry points.

What offence if any, has the Ronnie committed?
Select one:

A
Not committed an attempt because his actions amount to mere preparation.

B
Committed an attempt to commit burglary as his actions by visiting the address go beyond mere preparation and constitute an attempt.

C
Committed an attempt because his intention is to commit a burglary and he has carried out an act to further that offence.

Answer 28

A
Not committed an attempt because his actions amount to mere preparation.

Question 29

The term CADD, in relation to the loss of evidential material, means:

Select one:
Concealed, Altered, Destroyed, or Disposed of.

Concealed, Altered, Damaged, or Disposed of.

Concealed, Altered, Damaged, or Destroyed.

Answer 29

Concealed, Altered, Damaged, or Destroyed.

Question 30

R v Tihi it was held that in proving an offence against section 191, Crimes Act 1961, the prosecution must satisfy the following “two fold test” in respect to intent:

Select one:
A
The defendant, in the commission of an imprisonable offence or facilitating flight of self or other, caused grievous bodily harm to any person and was reckless as to whether actual bodily harm occurred.

B
The defendant intended to facilitate the commission of an imprisonable offence (or one of the other intents specified in paragraphs (a), (b) or (c)), and he intended to cause the specified harm, or was reckless as to that risk.

C
The defendant intended to facilitate the commission of an imprisonable offence (or one of the other intents specified in paragraphs (a), (b) or (c)), and was reckless if serious harm ensued in facilitating flight of self or others.

Answer 30

B
The defendant intended to facilitate the commission of an imprisonable offence (or one of the other intents specified in paragraphs (a), (b) or (c)), and he intended to cause the specified harm, or was reckless as to that risk.

Question 31

Under Section 17, Search and Surveillance Act 2012, a constable may, without a warrant, enter and search a vehicle that is in a public place if he or she:

Select one:
A
has reasonable grounds to believe that evidential material relating to an offence punishable by imprisonment for a term of 14 years or more is in or on the vehicle.

B
has reasonable grounds to believe that evidential material relating to an offence punishable by imprisonment is in or on the vehicle.

C
has reasonable grounds to suspect that evidential material relating to an offence punishable by imprisonment for a term of 14 years or more is in or on the vehicle.

Answer 31

A
has reasonable grounds to believe that evidential material relating to an offence punishable by imprisonment for a term of 14 years or more is in or on the vehicle.

Question 32

Tina and John are at home and begin arguing about what channel to watch on the television.

Tina becomes so annoyed she picks up a heavy glass ashtray sitting on the coffee table and smacks it into John’s face. The blow causes John to fall to the ground and causes significant bruising to his forehead.

What is the most appropriate offence to charge Tina with?
Select one:

A
Assault with Intent to Injure, Section 193, Crime Act 1961.

B
Wounding with Intent, Section 188(1), Crimes Act 1961.

C
Injuring with Intent, Section 189(1), Crimes Act 1961.

Answer 32

C
Injuring with Intent, Section 189(1), Crimes Act 1961

Question 33

Whenever a child or young person is arrested without warrant, you must forward a written report to the Commissioner of Police

Select one:
A
within 24 hrs, as per section 214(3)(a), O T Act 1989.

B
before the end of the duty shift, or as soon as practicable, as per section 214(3)(a), O T Act 1989.

C
within three days, as per section 214(3)(a), O T Act 1989.

Answer 33

C
within three days, as per section 214(3)(a), O T Act 1989.

Question 34

Barry and his associate have kidnapped a local ‘rich lister’ to try and make some quick money. As they are driving around looking for a place to hide out Barry begins to get cold feet and starts desperately searching for ways to get out of his pickle. He vaguely remembers there being a defence to the charges under section 210A Crimes Act 1961. Is Barry able to use the defence under section 210A against the charge of kidnapping in this case?

Select one:

A
No. Even if the person was a young person, Barry does not have a claim of good faith in possession of the ‘rich lister.

B
Yes. Barry has withdrawn from completing the full offence. He has no intent to complete the full offence.

C
No, Barry has no defence as the offence was complete at the time of the taking. It is irrelevant his actions, intent or relationship to the victim at the time of the taking.

Answer 34

A
No. Even if the person was a young person, Barry does not have a claim of good faith in possession of the ‘rich lister.

Question 35

During a search warrant on a house you find Bob in the kitchen scraping cannabis oil from a frying pan into a jar. When spoken to, Bob admits to soaking some cannabis plant in isopropyl alcohol (IPA) and making the oil but states he was not finished making it. Identify the most appropriate offence for Bob.

Select one:
A
Producing a Controlled Drug - Section 6(1)(b), Misuse of Drugs Act 75.

B
Dealing with Cannabis Preparations - Section 29B Misuse of Drugs Act 75.

C
Manufacturing a Controlled Drug - Section 6(1)(b), Misuse of Drugs Act 75.

Answer 35

A
Producing a Controlled Drug - Section 6(1)(b), Misuse of Drugs Act 75.

Question 36

The next morning Matt notices the anomaly while looking at his internet banking and quickly contacts the bank to cancel the transaction. The bank is able to reverse the payment made using his card and the purchase is cancelled.

Discuss Simon’s liability considering the purchase has been cancelled before he was able to physically receive the abdominal strengthening device.

Answer 36

Simon is still liable , regardless that the bank cancelled the transaction and the goods are longer being delivered.

Hayes v R - An unsuccessful attempt is as much use as a successful one.

Question 37

Simon has a WTI (wanted to interview) recorded in NIA relating to walking out of a local restaurant some 6 months earlier without paying for the food.

When interviewing Simon on the WTI he admits to walking out of the restaurant without paying.

Simon states he walked past the local Indian restaurant and, noticing that the restaurant was very busy and understaffed, he thought that it would be the perfect night to go in, order dinner and leave without paying. He entered the restaurant with the intention of not paying for his dinner as he had no cash at that time of his life and had always wanted to eat a good curry from there. He ordered 2 mains, a couple of naans and four beers as he wasn’t concerned about the bill. He ate all the food and waited for the waiting staff to serve other tables before he walked out without paying for anything.

What is the most appropriate offence to charge Simon with?

List the Act, section, subsection, and elements for the offence.

Answer 37

S240 (1)(b) CA1961
Obtaining by deception or causing loss by deception

By any deception
With out claim of right
In incurring any debt or liability
Obtains credit

Question 38

While interviewing Billy in relation to the Cannabis Oil he begins to realise that Cannabis Oil is not a Class C drug like Cannabis plant and begins to worry about his liability. Billy tries to tell you that he hasn’t actually produced the oil as he had only just removed the Iso and hadn’t yet started scraping the oil out. In relation to Section 6(1)(b) MODA 75, Discuss when the offence of producing is complete and whether Billy is liable or not in this case.

Answer 38

Billy is liable

R v Rua - creation of controlled drugs by some form or process which changes the original substances into a particular controlled drug

           - The offence is committed once the product is made regardless if it is an usable form

Question 39

While at the warrant you discover hand written instructions (a recipe) on how to make cannabis oil. Billy admits that an associate called Pete gave him the instructions and without the instructions he could not have made the oil. You seize the instructions.

Is Pete liable for any offence? (explain your answer)

Answer 39

Yes, Pete is liable to be “Party to” as he provided the information to commit the offence as billy admits he could not have made the oil without the instructions. At the very least Pete was reckless in the knowledge.

KKI

Question 40

Angie is a street kid who commits crime to survive. She is often in the company of Tony, who reputably is also ‘on the street’. One afternoon they are loitering in a main street downtown when Angie suddenly darts into a busy convenience store. Once inside, she pulls a large combat knife from inside her jacket, confronts the shop attendant behind the counter and shouts, “Give me all your smokes or I will cut you.”

The shop assistant, believing she will be hurt, immediately hands over $200.00 worth of cigarettes to Angie who runs out of the store and heads off up the street. Tony sees Angie coming out of the store and runs off with her, quite unaware of what has happened inside the store.

Identify the most appropriate offence for this scenario. List the Act, section, subsection and elements of the offence to be proven and briefly discuss how they relate to the scenario.

Answer 40

Aggravated Robbery

S235(c) CA1961

Being Armed with an Offensive Weapon

Robs

Any Person

Being Armed with an offensive weapon, A Person

A knife is an offensive weapon that could be used to inflict bodily harm.

A Person - Gender Neutral JN/CE

Angie is a Person.

Robs

Theft, Accompanied by threats of violence, to any person, to overcome the resistance to the property being stolen.

Peneha v P - Violence used.

R v Maihi - Nexus between Robbery and threat of violence, both must be present

R v Pacholko - It is the conduct of the accused that is examined, not the nerve of the victim

R v Broughton - Threat of violence to overcome resistance to property being stolen.

Angie suddenly darts into a busy convenience store. Once inside, she pulls a large combat knife from inside her jacket, confronts the shop attendant behind the counter and shouts, “Give me all your smokes or I will cut you.” The shop assistant, believing she will be hurt, immediately hands over $200.00 worth of cigarettes to Angie

Property is any real or personal property.

Claim of Right - A belief at the time of the act in a possessory or proprietary right to the property

R v Skivington - Claim of right is a defence for robbery

Angie had no claim of right to the cigarettes, they are the property of the convenience store.

Any Person

A Person Gender Neutral JN/CE

The shop assistant is a person

Question 41

En route to the scene you see a young female fitting the description of the female offender. You decide you want to stop and talk to this female. While talking to her you start to suspect she may be the offender. You want to search her but she refuses to consent to a search. You decide to invoke a search power. What statutory power would you invoke to carry out the search? Quote the relevant act, section and subsection and what this statutory power allows you to do.

Answer 41

S16 S & S 2012

Search a person in a Public Place for evidential material relating to a 14yr offence - Agg Rob 235(c). Believe Evidential Material CADD

Reason, Act , Name Intention

S131 Notification

Question 42

Upon searching Angie you locate a large combat knife and numerous packets of cigarettes. Angie states she is 15 years old. What considerations do you now need to take regarding her age?

Answer 42

Youth Justice OT Act

S214 OT, WEEP, Arrest to prevent further re-offending.

Contact Parents,caregiver, OT.

S 215 Give rights in a language Angie can understand, get her to repeat the rights back to you in her own words to confirm understanding.

Notification to Commissioner with 3 days, pref’ end of shift.

S222 Interview with nominated person, ensure nominated person does not try to pervert the course of justice, and is readily available.

Bail conditions

File to Youth Aid

Release Angie into care of Parent, Caregiver or OT

Question 43

Section 240(2), Crimes Act 1961 outlines the definition of ‘Deception’. This is a false representation with the intent to deceive and:

Select one:
A
Suspects that it is false in a material particular or is reckless as to whether it is false in a material particular.
B
Knows that it is false in a material particular or is reckless as to whether it is false in a material. particular
C
Believes that it is false in a material particular or is reckless as to whether it is false in a material. particular

Answer 43

B
Knows that it is false in a material particular or is reckless as to whether it is false in a material. particular

Question 44

You are tasked with trying to make observations of activity at an address where there is alleged to be drug dealing. You grab your binoculars and observe the occupants putting what looks like cannabis leaf into a big pot in the lounge of the property.

Could the occupants of the address reasonably expect their activities to be private?

Select one:
No - The activities are able to be observed from a public place so cannot be considered private.
Yes - Private activity means activity that, in the circumstances, any 1 or more of the participants in it ought reasonably to expect is observed or recorded by no one except the participants.
No - The binoculars are considered a surveillance device and can be used to observe activity in the property as long as the observations do not exceed 3 hours.

Answer 44

Yes - Private activity means activity that, in the circumstances, any 1 or more of the participants in it ought reasonably to expect is observed or recorded by no one except the participants.

Question 45

In relation to the Abduction of a person, Section 208, Crimes Act 1961, the case R v MOHI held that:

Select one:
A
The offence is complete at the time of the taking away or detention so long as the victim didn’t consent to being detained or taken away
B
The offence is complete at the time of the detention or taking away so long as the necessary intent is present at that time
C
The essence of abduction is the taking a person from where they want to be coupled with the deprivation of liberty

Answer 45

B
The offence is complete at the time of the detention or taking away so long as the necessary intent is present at that time

Question 46

New earthquake guidelines has meant that a historical house requires new foundations to conform with the new standard. The house is sitting on temporary foundations while new foundations are laid. The house will then be moved back to its original position. An arsonist, wanting to see flames, targets the house and sets it on fire causing extensive damage.

What is the most appropriate offence?

Select one:
Section 267(1)(c) Crimes Act 1961.
Section 267(1)(a) Crimes Act 1961.
Section 267(1)(b) Crimes Act 1961.

Answer 46

Section 267(1)(b) Crimes Act 1961.

Question 47

Supplying a controlled drug encompasses a number of activities. Which statement best describes the term ‘supplying a drug’?

Select one:
Distributing, giving or selling.
Distributing, giving or administering.
Distributing, administering or selling.

Answer 47

Distributing, giving or selling

Question 48

Under section 72, Crimes Act 1961, every one who, having an intent to commit an offence, does or omits an act for the purpose of accomplishing his object,

Select one:
A
is guilty of an attempt to commit the offence intended, if the act was legally and physically possible to commit at the time of the act or omission
B
is guilty of an attempt to commit the offence intended, regardless as to whether the act or omission was sufficiently proximate to the full offence
C
is guilty of an attempt to commit the offence intended, whether in the circumstances it was possible to commit the offence or not.

Answer 48

C
is guilty of an attempt to commit the offence intended, whether in the circumstances it was possible to commit the offence or not.

Question 49

After an argument over payment of a debt, Jacob stabbed Ross in the chest, causing his immediate death. Jacob then went to his brother Anton’s house and told him what had happened. Anton agreed to dispose of the knife and Jacob’s bloody clothing. Anton later told his girlfriend Kate what had happened and arranged for her to dump the items, which she did. Jacob is later charged with murder with Anton charged as an accessory after the fact. What offence, if any, has Kate committed?

Select one:
A
Kate is an accessory after the fact to murder because she assisted Jacob by suppressing evidence against him.
B
Kate is a party to the murder as she willingly disposed of evidence against Jacob knowing what he had done.
C
No offence is committed by Kate as she did not directly assist Jacob and Anton has been charged as an accessory in relation to the evidence.

Answer 49

A
Kate is an accessory after the fact to murder because she assisted Jacob by suppressing evidence against him.

Question 50

The conspiratorial agreement requires the operation of both physical and mental faculties. What is the requisite actus reus for a charge of conspiracy?

Select one:
A
That there was an agreement by two or more people to carry out the illegal conduct.

B
That the conspirators made some form of progression towards the completion of the offence however trivial. The acts or omissions need not be sufficiently proximate to the full offence.

C
That the conspirators carry out an act or omission relating to the illegal conduct on which the agreement is based.

Answer 50

A
That there was an agreement by two or more people to carry out the illegal conduct.

Question 51

Where two or more persons form a common intention to prosecute any unlawful purpose, and to assist each other therein, each of them is a party to every offence committed by any one of them in the prosecution of the common purpose if the commission of that offence was known to be a probable consequence of the prosecution of the common purpose.

Which of the following is NOT a situation where a secondary party will remain liable?

Select one:

A
for every offence the secondary party knew was likely to be committed in consequence of his or her encouragement.

B
where the secondary party has been used as an innocent agent to bring about the actus reus.

C
where the principal offender commits the offence in a way different from what was encouraged.

Answer 51

B
where the secondary party has been used as an innocent agent to bring about the actus reus.

Question 52

Aggravated Wounding is an offence under section 191 of the Crimes act 1961. Under the provisions of this section an offender can “stupefy” a person.

Which one statement best describes the term “stupefy”?
Select one:

A
Stupefy means to cause an effect on the mind or nervous system, or any other psychological aspect or orientation of a person, which could interfere with that person’s mental or physical ability to act in any way which might hinder any crime.”

B
Stupefy means to cause an effect on the mind or nervous system of a person, which really seriously interferes with that person’s mental or physical ability to act in any way which might hinder an intended crime.

C
Stupefy means to cause an effect on the mind or nervous system of a person, which can marginally interfere with that person’s mental or physical ability to act in any way which will enable them to hinder an intended crime.

Answer 52

B
Stupefy means to cause an effect on the mind or nervous system of a person, which really seriously interferes with that person’s mental or physical ability to act in any way which might hinder an intended crime

Question 53

Section 267(1)(c) of the Crimes Act 1961 relates to damage caused for the purpose of obtaining a benefit or to cause a loss to any other person.

What do Police have to prove in relation to the damage caused?

Select one:
A
That the damage was caused recklessly.
B
That the damage was caused intentionally or recklessly.
C
That the damage was caused intentionally.

Answer 53

C
That the damage was caused intentionally.

Question 54

Jessie and Jacob are hanging out at Jacobs house. Jacob takes out a syringe of heroin and Jessie asks if she can try some. Jacob injects some of the heroin into Jessie’s arm before injecting himself. What is the most appropriate offence to charge Jacob with?

Select one:
A
Offering to Supply Class A Controlled Drug, Section 6(1)(c), Misuse of Drugs Act 1975.
B
Administering a Controlled Drug , Section 6(1)(c), Misuse of Drugs Act 1975.
C
Supply Class A Controlled Drug, Section 6(1)(c), Misuse of Drugs Act 1975.

Answer 54

B
Administering a Controlled Drug , Section 6(1)(c), Misuse of Drugs Act 1975.

Question 55

John, a local drug dealer, is interviewed about supplying Class A section 6(1)(c) MODA75 to Jill, a local prostitute. During the interview he denies giving Jill any drugs and instead claims that Jill took the drugs herself from his car. He admits showing her his cache of drugs and admits doing nothing to prevent her from taking a point bag of meth from it while he was present. Is John still liable for the offence?

Select one:
No - He is liable for possession for supply 6(1)(f) but not for supplying as it cannot be proven that he has ‘supplied’ the drugs to Jill.
Yes - It does not change his liability as ‘giving’ can occur without an active transfer of the drugs.
No - John was not physically in possession of the drugs at the time Jill took them and made no active step toward supplying them to Jill as Jill took the drugs herself.

Answer 55

Yes - It does not change his liability as ‘giving’ can occur without an active transfer of the drugs.

Question 56

In relation to Deception what must you prove?

Select one:

A
that there was an intent to deceive
that there was a representation
that the representation was false
the defendant either knew it was false or was reckless as to whether it was false in a material particular
that the other person was deceived

B
that there was an intent to mislead
that there was a false representation
that the defendant suspected that the representation was false in a material particular and continued with the course of action regardless
that the other person was deceived

C
that the false representation was oral, documentary or by conduct
that the representation was false
that the defendant either knew it was false or was reckless as to whether it was false in a material particular
that the defendant intended the victim to believe the false representation

Answer 56

A
that there was an intent to deceive
that there was a representation
that the representation was false
the defendant either knew it was false or was reckless as to whether it was false in a material particular
that the other person was deceived

Question 57

Section 2 of the Crimes Act 1961 defines the term “claim of right”

What is claim of right?

Select one:
A
A belief that although the act may be illegal it was morally justified.

B
A positive and genuinely held belief that the act was lawful.

C
A belief in a proprietary or possessory right in the property in relation to which the offence is alleged to have been committed.

Answer 57

C
A belief in a proprietary or possessory right in the property in relation to which the offence is alleged to have been committed.

Question 58

An exhibits officer tasked with dealing with wet clothing should:

Select one:

A
Dry all wet exhibits in a common secure room.

B
Force-dry the exhibits so that they can be delivered to ESR as soon as possible.

C
Air-dry the exhibits ensuring no cross-contamination.

Answer 58

C
Air-dry the exhibits ensuring no cross-contamination

Question 59

The concept of wilful blindness (intentional ignorance) can apply in certain situations when charging someone with accessory after the fact under section 71, Crimes Act 1961.

Which of the following is NOT a situation where a person can be considered wilfully blind?

Select one:

A
where the person deliberately shuts their eyes and fails to inquire because they knew what the answer would be.

B
in situations where the means of knowledge are easily at hand and the person realises the likely truth of the matter but refrains from inquiring in order not to know.

C
where the person should have inquired into the facts, even in circumstances where the person was suspected of having involvement in an offence.

Answer 59

C
where the person should have inquired into the facts, even in circumstances where the person was suspected of having involvement in an offence

Question 60

According to Hayes v R [2008] a “pecuniary advantage” is:

Select one:

A
anything capable of being of value, in short, money or money’s worth.

B
anything that enhances the accused’s financial position.

C
a favourable consideration which involves a monetary advantage.

Answer 60

B
anything that enhances the accused’s financial position.

Question 61

Police v Emerali describes how the term usable amount is related to dealing. What was found in this case law?

Select one:

A
The quantity of the drug must be usable in the sense that minute and useless residues are not held capable of being possessed.

B
It is irrelevant the actual physical amount the defendant has in their possession as long as it can be shown to be the alleged controlled drug.

C
Traces of a controlled drug may provide circumstantial evidence of previous possession of larger quantities of the drug and therefore the accused can be deemed in possession of that drug.

Answer 61

A
The quantity of the drug must be usable in the sense that minute and useless residues are not held capable of being possessed.

Question 62

Damages by fire is a key element of Arson offences. The prosecution must prove that the specified property has been “damaged” by fire or explosive as a result of the defendant’s actions.

Which answer best encapsulates the finding of the Court of Appeal in the matter of R v Archer when assessing whether “damage” has been caused?

Select one

A
Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value.

B
Any change in an object that impairs its value may constitute damage; whether or not such a change amounts to damage is a matter of fact

C
Property may be damaged if it suffers permanent or temporary physical harm or permanent impairment of its value or usefulness.

Answer 62

A
Property may be damaged if it suffers permanent or temporary physical harm or permanent or temporary impairment of its use or value.

Question 63

You are on crime car duties and with several other police officers are called to a party that has got out of control. A young woman at the party tells you that she was sexually assaulted in a bedroom of the house. One of your colleagues leaves to apply for a search warrant. Could you use section 117 under these circumstances?

Select one:

A
Yes, because a search warrant is being sought, you are at the place and believe that evidential material may be CADD or removed.

B
Yes, because a search warrant is being sought, and you believe that evidential material will be CADD.

C
Yes, because a search warrant is being sought, you are at the place and suspect that evidential material may be CADD or removed.

Answer 63

A
Yes, because a search warrant is being sought, you are at the place and believe that evidential material may be CADD or removed.