Offences

Question 1

What are the related offences to wilful damage?

Answer 1

1. Wilful damage (SOFA 1981 section 11 (1) (b): intentionally setting fire to any tree or vegetation
2. Gratifying vandalism, tagging, defacing etc… (SOFA 1981 section 11A)
3. Possession of Graffiti Implements (SOFA 1981 section 11B)

Question 2

What are the three requirements for an attempt to commit an offence

Answer 2

1. Intent (mens rea)
2. Act (actus rea) taken steps towards committing
3. Proximate (has to be close to place)

Question 3

What is Section 66(2) Crimes Act 1961?

Answer 3

Common intention: 2 or more people form a common intention to commit an offence knowing a probably consequence

Question 4

What is Section 66(1) Crimes Act 1961?

Answer 4

Everyone is party to and guilty of, an offence who:
- actually commits the offence
- does or omits an act to aid any person to commit the offence
- abets any person in commission of the offence
- incites, counsels or procures a person to commit the offence

Question 5

What is fighting in the offence Fighting in a Public Place?

Answer 5

Punching, striking, wrestling etc between 2 willing participants

Question 6

What is a public place?

Answer 6

A place at any material time
Open or being used by public
Whether free or on payment of a charge
Whether owner occupier of place is lawfully entitled to eject
Includes any aircraft etc or vehicle carrying passengers for reward
Includes interior of vehicle in public place

Question 7

What is behaving in a offensive manner in the offence Offensive Behaviour?

Answer 7

Behaves in a manner arousing feelings of anger, resentment or disgust that causes a disturbance to public order

Question 8

What is behaving in a disorderly manner in the offence Offensive Behaviour?

Answer 8

Behaves in a seriously disruptive manner that causes a disturbance to public order

Question 9

Can you arrest someone for excreting in a public place?

Answer 9

Yes, but officer has to have seen the act and person refuses to give details

Question 10

What’s the difference between resisting police and obstructing police?

Answer 10

Resisting= degree of force from suspect required
Obstructing= deliberately making it more difficult to carry out duties

Question 11

What is trespass after warning to leave?

Answer 11

Trespasses, on any place, after being warned to leave that place by an occupier of that place and neglects or refuses to do so

Question 12

What is trespass after previous warnings?

Answer 12

Being a person who has been warned under section 4 to stay off any place and wilfully trespasses on that place within 2 years

Question 13

What’s the difference between possession of offensive weapons or disabling substances in public place and private place?

Answer 13

Public place the person just needs to have a weapon in their possession, any place the person needs to have the weapon in their possession AND show an intention to use it to harm (eg threaten without pointing)

Question 14

What’s the definition of a firearm?

Answer 14

Anything from witch any shot bullet etc can be discharged by force of explosive (includes adapted objects, dismantled firearms, and at the time not capeable)

Question 15

What is a pistol?

Answer 15

Firearm that is designed/ adapted to be held and fired with one hand and less that 762mm in length

Question 16

What is a semi automatic?

Answer 16

Firearm which at pull of trigger fires a cartridge and ejects case, and chambers another cartridge

Question 17

How often do firearms licenses need to be renewed?

Answer 17

5 year mark, then every 10 years after that

Question 18

What happens if someone can’t produce a firearms licence on demand?

Answer 18

They have 7 days to bring it to the police station

Question 19

How long do firearms license holders have to notify police when address changes?

Answer 19

30 days

Question 20

What details must a firearms license holder give to police on demand?

Answer 20

Full name, address, date of birth. If fail to give details they will be warned, if persist then arrested

Question 21

Difference between carry’s and possession of firearm?

Answer 21

Carry= Carry on or about them
Possess= knowledge of firearm and in physical control (doesn’t have to be on them)

Question 22

What is the defence for indecent exposure and indecent act in a public place?

Answer 22

The defendant proves that they had reasonable grounds for believing that they would not be observed

Question 23

How do you prove indecent assault rather than just assault?

Answer 23

Victim statement proves element indecent “victim not accepting of behaviour”

Question 24

What is the definition of consent?

Answer 24

A persons conscious and voluntary agreement to something desired or proposed by another

Question 25

What is sexual violation by rape?

Answer 25

Rape: penis penetrates vagina without consent and without believing consent on reasonable grounds

Question 26

What is sexual violation by unlawful sexual connection?

Answer 26

penetration of genitalia or anus by any part of body or object

OR

connection of mouth/ tongue with genitalia/ anus without consent/ believing consent on reasonable grounds

Question 27

What is section 128A crimes act 1961?

Answer 27

Outlines circumstances where in sexual activity a person does not provide legal consent.

Question 28

What does indecently mean in the offence indecent assault?

Answer 28

Not conforming with the generally accepted standards of behaviour, especially in relation to sexual matters

Question 29

What does intentionally mean in the offence indecent exposure?

Answer 29

The act of exposure is deliberate, voluntary and not by accident

Question 30

What makes up the element dishonestly?

Answer 30

No belief there was authority or consent from the owner

Question 31

What makes up the element Without Claim of Right?

Answer 31

No belief in right to own or possess property

(Proven by actions such as looking around, hiding etc)

Question 32

What makes up the element of any building?

Answer 32

Permanent structure

Question 33

What makes up the element of receives?

Answer 33

Having it in possession

Question 34

What makes up the element of any property stolen?

Answer 34

Tangible item

Question 35

What is section 38(3)(a) of the summary offences act 1981?

Answer 35

Minor drinking in a public place
(Unaccompanied)

Question 36

What is section 38(3)(b) of the summary offences act 1981?

Answer 36

Minor in possession of alcohol for consumption in a public place (unaccompanied)

Question 37

What is section 38(1) of the summary offences act 1981?

Answer 37

Drinking/ in possession of alcohol in or on public transport

Question 38

What is SCAB?

Answer 38

Person must be affected by 2 or more of the following to be considered intoxicated:

S- Speech impaired
C- co-ordination is impaired
A- Appearance is affected
B- Behaviour is impaired

Question 39

What’s the procedure if you find an intoxicated person in a public place or trespassing on private property?

Answer 39

1. Take home unless
   
   • address not known
   • not safe
   • not practical
2. Take to temporary shelter
3. Take to police station for up to 12 hours to be released when sobered up