Offences Flashcards
Carrying an imitation firearm
Elements & Definition
Arms Act 1983, S46(1)
-
Except for some lawful, proper and sufficient purpose
without legal right or justification, or genuine reasonable excuse in the circumstances -
Carries
actually has the weapon on or about them -
An imitation firearm
anything that has the appearance of being a firearm
Presenting anything
Element & Definition
Arms Act 1983, S52(2)
-
Except for some lawful and sufficient purpose
without legal right or justification, or genuine reasonable excuse in the circumstances -
Presents
brandishing, deploying or displaying in a threatening way -
At any other person
must be another person -
Anything
anything at all -
In the circumstances, is likely to lead that person to believe that it is a
the suspect’s actions and the article presented, makes it likely that the other person believes it is a -
Firearm (other than a prohibited firearm)
anything from which a shot, bullet, or other projectile can be discharged by force of explosive
OR -
Air gun
anything that is capable of discharging projectiles by the use of gas or compressed air
OR -
Pistol
any firearm designed or adapted to be held and fired with one hand, including any firearm under 762mm long
OR -
Restricted weapon
any weapon declared as a restricted weapon by the Governor-General (for eg. Molotov cocktails)
Firearms & Licences
Define a Firearm:
anything from which any shot, bullet, missile, or other projectile can be discharged by force of explosive and includes:
- anything that has been adapted so that it can be used to discharge a shot, bullet, missile, or other projectile by force of explosive, OR
- anything which isnot at that time capable of discharging any shot, bullet, missile or projectile but which by its completion or the replacement of any component or the correction or repair of any defects would be a firearm; OR
- any firearm which is for the time being dismantled or partially dismantled; OR
- any especially dangerous air gun
Possession of offensive weapons or disabling substances (any place)
Elements & Definitions
-
Has in his or her possession
has in their possession -
In any place
any place; includes public and private places -
Any offensive weapon
any article capable of being used for causing bodily injury
OR -
Any disabling substance
anaesthetising or other substance produced or intended for the purpose of disabling people -
In circumstances that prima facie shows an intention to use it to commit an offence involving bodily injury or the threat or fear of violence
actions by the suspect show on the “face of it” that the person is intentionally going to use it to commit an offence involving some form of bodily injury, or the threat or fear of violence
Arms Act 1983
Section 66B
Power to demand means:
If a person is in possession of a:
* firearm
* air gun
* pistol
* prohibited magazine
* prohibited part
They shall on demand by any Police Officer in uniform or with ID give their full name, address and DOB
If they refuse or give false details, they must be warned and if they persist, they may be arrested
Assault
Three factors when deciding which charge is the most appropriate?
- Intent (when the suspect applied the force, what was their intent; scare/injure/kill)
- Weapons or degree of force used (slap on the face or knife or other weapon used?)
- Injury received (was the victim injured, wounded or killed)
Being found on property without reasonable excuse (building/transport)
elements & definition
-
Found
to be seen
to be discovered
to come upon -
Without reasonable excuse
without reasonable excuse -
In
physically inside of
OR -
On
physically on -
Any building
a structure with a roof and walls such as a house or factory
OR -
Any aircraft
any aeroplane, helicopter or other machine capable of flight
OR -
Any hovercraft
a vehicle or craft that travels over land or water on a cushion of air provided by a downward blast
OR -
Any ship, ferry or other vessel
any boat or ship for transporting people or goods by sea
OR -
Any train
a series of connected railway carriages or wagons moved by a locomotive or by integral motors
OR -
Any vehicle
a thing used for transporting people or goods, especially on land, such as a car lorry or cart
Being found on property without reasonable excuse (enclosed yard or area)
elements & definition
Summary Offences Act 1981, Section 29(1)(b)
-
Found
to be seen
to be discovered
to come upon -
Without reasonable excuse
without reasonable excuse -
In
physically inside of -
Any enclosed yard or other such area
an enclosed yard, garden or area, appurtenant to a building
Excreting in a public place
elements & definition
Summary Offences Act 1981, Section 32(1)
- Urinates or defecates in any public place
Excreting in a public place
Power of arrest
You can arrest under s39(2) of the Summary Offences Act 1981
You cannot arrest unless the act is seen by a Police Officer and the suspect fails to give their name and address on demand
Excreting in a public place
statutory defence for this?
the suspect had reasonable grounds for believing they would not be observed
Fighting in a public place
If a fight disperses on your arrival and only one of the fighters is apprehended can you still take action against that one person?
Yes, you can still arrest, warn or summons the remaining person for fighting
Fighting in a public place
why is time, place and circumstance important with these offences?
changes the nature of the offence and ability to offend others (early morning vs afternoon, deserted park vs mall full of people)
Firearms & Licences
Duties of licence holders:
- keep licence legible and undamaged
-
produce to the Police on demand
if they do not have their licence on them, must produce it at a Police station within 7 days of the demand - Report to Police in writing, the circumstances of any theft, loss or destruction of the firearm
- if death or injury results from the use of the firearm, report the circumstances to the Police as soon as practicable
- Licences need to be renewed every 10 years unless revoked, surrendered or previously have not held a firearms licence in these cases they must be renewed every 5 years
Firearms & Licences
How to obtain a licence:
- person over 16 or over decides they want a firearms licence
- application for FA licence lodged with Police
- persons aged between 16-18 parental permission required
- applicant sits and passes firearms test
- Police conduct inquiries into the applicant’s suitability
- licence issued
Obstructing Police
elements & definitions
Summary Offences Act 1981, section 23(a)
-
Intentionally obstructs
deliberately making it more difficult for a person to carry out their duties
OR -
Incites or encourages any other person to obstruct
urge or persuade any other person to make it more difficult for the person to carry out their duties -
Any constable or authorised officer or prison officer or traffic officer acting in the execution of their duty
the person must have been lawfully exercising their powers
Offensive OR Disorderly behaviour
elements & definition
Summary Offences Act 1981, Section 4(1)(a)
-
In a public place
a place that, at any material time, is open to or is being used by the public, whether free of charge or on payment of a charge, and whether any owner or occupier of the place is lawfully entitled to exclude or eject any person from that place; and includes any aircraft, hovercraft, ship or ferry or other vessel, train, or vehicle carrying or available to carry passengers for reward. Also includes the interior of any vehicle which is in a public place.
OR -
Within view of a public place
within view of a place that, at any material time, is open to or is being used by the public, whether free of charge or on payment of a charge, and whether any owner or occupier of the place is lawfully entitled to exclude or eject any person from that place; and includes any aircraft, hovercraft, ship or ferry or other vessel, train, or vehicle carrying or available to carry passengers for reward. Also includes the interior of any vehicle which is in a public place. -
Behaves in an offensive manner
behaves in a manner arousing feelings of anger, resentment or disgust that causes a disturbance to public order
OR -
Behaves in a disorderly manner
behaves in a seriously disruptive manner that causes a disturbance to public order
Parties to offences
Act & Section
Crimes Act 1961
Section 66
Parties to offences
‘aids and abets’
definitions
Helps or assists in the commission of the offence
the lookout at a burglary
Parties to offences
‘counsels’
definitions
gives advice, instigates or plans
teaching someone how to hotwire a car
Parties to offences
everyone is a party to, and guilty of, an offence who:
- actually commits the offence, or
- does or omits an act to aid any person to commit the offence, or
- abets any person in the commission of the offence, or
- incites, or counsels or procures a person to commit the offence
Parties to offences
‘incites’
definitions
urges on or stirs up
‘A’ yells at ‘B’: “give ‘em one for me, mate!”
Parties to offences
‘procures’
definitions
obtains, acquires or brings about
‘A’ wants a stereo from Kmart. He asks ‘B’ to steal it for him
Parties to offences
Section 66(2)
common intention, offences, probable consequence
Two or more form a common intention to commit an offence
* two or more persons formulate a plan; all agree to carry out the plan
Each party is a party to every offence committed by any one of them
* all are criminally responsible for all offences committed by any of the group, even if they don’t do the physical act themselves
If the commission of that offence was known to be a probable consequence
* if all agree that they will do whatever is necessary to achieve their goal, then if ‘A’ kills someone while committing the actual offence, that can be labelled as being a probably consequence, as they all agreed to do anything to achieve their purpose
Possession of a knife
Elements
Summary Offences Act 1981, Section 13A
- In a public place
- Without reasonable excuse
- Has any knife
- In his or her possession
The summary offence of possession of a knife may be useful for first time youth suspects or where discretion to prosectute for the lesser offence is appropriate
Possession of offensive weapon or disabling substances (public place)
Elements & Definitions
-
Without lawful authority or reasonable excuse
without a legal right or justification, authority or permission. No lawful, genuine or reasonable excuse -
Has with him or her
has in their possession -
In any public place
a place that, at any material time, is open to or is being used by the public, whether free or on payment of a charge, and whether any owner or occupier of the place is lawfully entitled to exclude or eject any person from that place; and includes any aircraft, hovercraft, ship or ferry or other vessel, train, or vehicle carrying or available to carry passengers for reward: includes the interior of any vehicle which is in a public place -
Any knife
any cutting blade
OR -
Any offensive weapon
any article made for use for causing bodily injury
OR
any article altered for use for causing bodily injury
OR
any article intended for use for causing bodily injury
OR -
Any disabling substance
anaesthetising or other substance produced or intended for the purpose of disabling people
Possession of offensive weapons or disabling substances (any place)
It is a defence to a charge under Section 202A(4)(b) if the person charged proves…
that they did not intend to use the offensive weapon or disabling substance to commit an offence involving bodily injury or the threat or fear of violence
Preparing to commit an imprisonable offence
elements & definitions
Summary Offences Act 1981, Section 28
-
Found
discovered -
In any public place
means a place that, at any material time, is open to or is being used by the public, whether free or on payment of a charge, and whether any owner or occupier of the place is lawfully entitled to exclude or eject any person from that place; and includes any aircraft, hovercraft, ship or ferry or other vessel, train, or vehicle carrying or available to carry passengers for reward -
Behaving in a manner from which it can be reasonably inferred that the person is
carrying out actions from which the court may infer the intentions of the offender -
Preparing to commit an imprisonable offence
preparing to commit an imprisonable offence
Presenting a firearm
Elements & Definition
Arms Act 1983, S52(1)
-
Except for some lawful and sufficient purpose
without legal right or justification, or genuine reasonable excuse in the circumstances -
Presents
brandishes, deploys or displays in a threatening way -
Firearm
anything from which a shot, bullet, or other projectile can be discharged by force of explosive (whether or not the firearm, air gun, pistol, or restricted weapon is loaded or capable at the time of the offence of discharging any shot, bullet, missile, or other projectile
OR -
Air gun
anything that is capable of discharging projectiles by the use of gas or compressed air
OR -
Pistol
any firearm designed or adapted to be held and fired with one hand, including any firearm under 762mm long
OR -
Restricted weapon
any weapon declared as a restricted weapon by the Governor-General (for eg. Molotov cocktails) -
At any other person
Must be another person
Public place
definition
- a place that at any material time
- is open to, or being used by the public
- whether free or on payment of a charge
- and whether any owner or occupier of the place is lawfully entitled to exclude or eject that person from that place
- this includes any:
-aircraft
-hovercraft
-ship/ferry/other vessel
-train
-vehicle - that is carrying or available to carry passengers for reward
- and includes the interior of any vehicle which is in a public place
Receiving
Doctrine of Recent Possession
If a person is found in possession of property that has recently been stolen, this is sufficient evidence to justify a finding that the possessor is either the thief or a dishonest receiver.
The possession is accepted by the courts as circumstantial evidence that the person either stole the property or received it from the thief.
It puts the onus on the person found in possession of the property to provide an explanation for having it or be charged with theft or receiving
Receiving
Gross under value
The evidence must show that it is more than just a ‘bargain’
Receiving
Guilty knowledge on the part of the receiver is…
an essential element for the offence of receiving.
This guilty knowledge may be proved by:
* direct evidence:
admissions or evidence given by the actual thief
* circumstantial evidence:
-the receiver purchased the property at gross undervalue
-nature or amount of property causes suspicion
-the receiver falsely denies having possession of the property
-the receiver concealed the property so that it could not be found
-the receivers general conduct in relation to the property
Receiving
Helps in concealing or disposing
A person who assists a thief by hiding stolen property for the thief is also guilty of receiving.
To help conceal or dispose of property, a person does not have to handle it manually. Nor does the person need to deal with it, physically obtain possession, or control of it.
Receiving
Possession and Control includes
- awareness that the item is where it is
- awareness that the item has been stolen
- actual or potential control of the item; and
- an intention to exercise that control over the item
Receiving
When receiving is complete
as soon as the suspect has (either exclusively or jointly with the thief or any other person) possession of, or control over, the property or helps in concealing or disposing of the property.
Resisting & Obstructing Police
delaying the Police is?
delaying the entry of police so that suspects may escape
e.g. a licensee delaying entry of police and thus enabling persons unlawfully on the licenced premises to hide or escape by the rear door
Resisting & Obstructing Police
Physical obstruction is?
physically using their body to deliberately make the police officer’s task more difficult or impossible to carry out
e.g. standing between the police officer and the suspect
Resisting & Obstructing Police
Refusing to obey lawful instruction is?
refusing to carry out lawful instructions given to them by a police officer
e.g. a Constable is acting as a scene guard looking after a crime scene, when a member of the public attempts to enter the scene. On being refused entry, the suspect continues to try and gain entry and will not leave
Resisting & Obstructing Police
Telling untruths is?
telling untruths to an enquiring police officer so that the suspect who is sought may evade the officer
e.g. the occupier of a house falsely telling a police officer that a wanted person is not in their house, when in fact, they were there, and the occupier knew it
Resisting & Obstructing Police
Warning persons of police approach is?
warning persons, who are offending, that the police are approaching or endeavouring to detect a particular offence
e.g. a non-participant who sees illegal activity and then warns the suspects when the police are approaching
Resisting Police
elements & definitions
Summary Offences Act 1981, section 23(a)
-
Resists
requires some degree of force by the suspect
OR -
Incites or encourages any other person to resist
urge to persuade any other person to use some degree of force -
Any constable or authorised officer or traffic officer acting in the execution of their duty
the person must have been lawfully exercising their powers
Resisting Police
Sections 23(a), (b) and (c) make it an offence for everyone who:
Summary Offences Act 1981, section 23(a), (b) or (c)
resists or intentionally obstructs, or incites or encourages any other person to resist or obstruct:
s23(a):
* any constable
* any authorised officer
* any prison officer
* or any traffic officer
acting in the execution of their duty
OR
s23(b):
any other person acting in aid of such:
* constable
* authorised officer
* prison officer
* traffic officer
OR
s23(c):
* any police dog working under the control of a Police dog handler
Trespass Act 1980
Section 9
Demanding details of identity
it is important to use this section to obtain the identity of the suspect
Even if the trespasser agrees to leave the premises
- Where any person is found trespassing on any private land; the occupier or any member of Police may require that person to give their name and address, and if they are in possession of a firearm, give their firearms licence number.
- If the person fails or refuses to comply with these requirements, any member of Police may:
* CAUTION the person, and
* if the person persists in their failure or refusal, arrest without warrant - Offences are created of:
* failing or refusing to comply with the requirements or
* giving a false name and address, or
* wilfully giving particulars that are insufficiently precise to enable the address to be readily identified
Trespass after previous warnings
elements & definition
Trespass Act 1980, section 4(4) & 11(2)(a)
-
Being a person who has been warned under Section 4 to stay off any place
a person who has been issued with a warning, either verbally or in writing, to stay off a property -
Willfully trespasses on that place
the suspect intentionally, deliberately, without mistake, returns to the premises -
Within two years
within two years after the giving of the warning
Trespass after warning to leave
elements & definition
Trespass Act 1980, section 3(1) & 11(2)(a)
-
Trespasses
is on another person’s property without authority or permission -
On any place
at any physical address -
After being warned to leave that place by an occupier of that place
must be told to leave the address by the lawful occupier -
Neglects or refuses to do so
after the warning, neglects or refuses to leave. The person must be given a reasonable time to leave
Trespass after warning to leave
It is a defence to this section if the defendant proves it was necessary to remain on the place or property for:
Trespass Act 1980, section 3(1) & 11(2)(a)
- Their own protection
a man runs onto property to hide after being pursued by gang members who are going to beat him up - The protection of somebody else
a house is on fire and a person runs in after hearing screams from inside - An emergency involving their property or the property of some other person
a woman runs to a house to call the fire brigade because of a fire on her property or someone else’s
Trespass after previous warnings
It is a defence to this section if the defendant proves it was necessary to remain on the place or property for:
Trespass Act 1980, section 4(4) & 11(2)(a)
- Their own protection
a man runs onto property to hide after being pursued by gang members who are going to beat him up - The protection of somebody else
a house is on fire and a person runs in after hearing screams from inside - An emergency involving their property or the property of some other person
a woman runs to a house to call the fire brigade because of a fire on her property or someone else’s
AND/OR - The occupier who gave the warning no longer occupies the place concerned
Mr Jones sells his dairy. Any trespass notice issued by Jone in respect of the dairy no longer applies
Trespass Notices
a trespass notice can be given to a person when they:
- Are likely to trespass
- Are trespassing
- Have trespassed
- Have been convicted of trespass
Unlawful carriage OR possession of a Firearm OR Airgun OR Pistol OR Prohibited Magazine OR Restricted Weapon OR Explosive
elements & definition
Arms Act 1983, Section 45(1)(a) OR 45(1)(b)
-
Except for some lawful, proper and sufficient purpose
without legal right or justification, or genuine reasonable excuse in the circumstances -
Carries
actually has the weapon on or about him or her
OR -
Is in possession of
in their possession or under their control -
Firearm
anything from which a shot, bullet, or other projectile can be discharged by force of explosive
OR -
Airgun
anything which is capable of discharging projectiles by the use of gas or compressed air
OR -
Pistol
any firearm designed or adapted to be held and fired with one hand and includes any firearm under 762mm long
OR -
Prohibited magazine
as defined in s2B of the Arms Act 1983
OR -
Restricted weapon
any weapon declared as a restricted weapon by the Governor General (e.g. Molotov cocktails)
OR -
Explosives
any substance capable of exploding or producing a pyrotechnic effect
Unlawful interferes with vehicle
elements & definition
Crimes Act 1961, section 226(2)
-
Dishonestly
without belief that there was consent or authority from the owner -
Without claim of right
no belief in a right to own or possess the property -
Interferes with
touches or deals with in any way -
Any vehicle
any type of vehicle
OR -
Any ship
any vessel used in navigation, however propelled
OR -
Any aircraft
any machine that can derive support in the atmosphere from the reaction of the air
Unlawful takes vehicle
elements & definition
Crimes Act 1961, section 226(1)(a), (b) or (c)
-
Dishonestly
without a belief that there was consent or authority from the owner -
Without claim of right
no belief in a right to own or posess the property -
But not so as to be guilty of theft
unable to prove an intention to permanently deprive the owner -
Takes
physically moves the property -
For his or her own purposes
for any person’s purposes
OR -
For another person’s purposes
for any person’s purposes -
Any vehicle
any type of vehicle
OR -
Any ship
any vessel used in navigation, however propelled
OR -
Any aircraft
any machine that can derive support in the atmosphere from the reaction of the air
OR -
Any part of any vehicle, ship or aircraft
any part removed from (use relevant definitions as previously stated)
OR -
Any horse
any type of horse
Unlawfully getting into OR upon
elements & definitions
Crimes Act 1961, section 226(2)
-
Dishonestly
without belief that there was consent or authority from the owner -
Without claim of right
no belief in the right to own or possess the property -
Gets into
physically gets into
OR -
Gets upon
physically gets upon -
Any vehicle
any type of vehicle
OR -
Any ship
any vessel used in navigation, however propelled. Large or small
OR -
Any aircraft
any machine that can derive support in the atmosphere from the reaction of the air
Actus reus
“a guilty act”
physical action
The Actus reus must be voluntary
Aggravated Robbery
Crimes Act 1961, Section 235
- a person robs any person and, at the time, before, or after the robbery, causes grievous bodily harm to any person
OR - being together with any other person or persons, robs any person
OR - a person armed with an offensive weapon or instrument (which includeds a firearm), robs any other person
Appurtenant means…
‘belonging to’
In the context of an enclosed yard or other such area, the yard must belong to a building.
If there is no building to belong to (e.g. park/paddock) then it can’t be an enclosed yard or other such place.
The yard must serve that building, a security guard hut for example would not be appurtenant.
Assault
elements & definition
Crimes Act 1961, Section 196
OR
Summary Offences Act 1981, Section 9
Assaults
* acts of intentionally applying or attempting to apply force to the person of another, directly or indirectly
OR
* threatening by any act or gesture to apply such force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that they have, the present ability to effect their purpose
Another Person
* it has to be another person other than the suspect
Assault with intent to rob
Crimes Act 1961, Section 236
Where any person assaults a person with the intention to rob them, but no theft takes place, so therefore robbery is not complete.
Attempting to commit an offence
3 requirements for an attempt
- Intent (mens rea) - there is an intention to commit an offence
- Act (actus reus) - the person has taken steps towards committing the offence, although they may not have completed it
- Proximate - how close the suspect was to completing the offence
Being found on property without reasonable excuse (building/transport)
elements
- Found
- Without reasonable excuse
- In
OR - On
- Any building
OR - Any aircraft
OR - Any hovercraft
OR - Any ship, ferry or other vessel
OR - Any train
OR - Any vehicle
Being found on property without reasonable excuse (building/transport)
Act & Section
Summary Offences Act 1981
Section 29(1)(a) or 29(1)(c)
Burglary
element & definition
Crimes Act 1961, Section 231(1)(a)
Enters
entry is complete as soon as any part of the body of the person or any part of any instrument used by that person, is within the building or ship
OR
when entry is gained by use of a threat or artifice
Any building/enclosed yard
any building or structure of any description, whether permanent or temporary; and includes a tent, caravan, or houseboat; and also includes any enclosed yard or any closed cave or closed tunnel
OR
Any ship
any vessel used in navigation, however propelled
OR
Any PART of a building
part of a building or structure of any description, whether permanent or temporary; and includes a tent, caravan, or houseboat; and also includes any enclosed yard or any closed cave or closed tunnel
OR
Any PART of a ship
part of any vessel used in navigation, however propelled
Without authority
an absence of authority, either expressed or implied, from a person the defendant believes is legally able to give consent
OR
when entry is gained by use of a threat or artifice
With intent to commit an imprisonable offence in the building
there must be an intention to commit an imprisonable offence in the building
OR
With intent to commit an imprisonable offence in a ship
there must be an intention to commit an imprisonable offence in the ship
Carrying an imitation firearm
Arms Act 1983
Section 46(1)
-
Except for some lawful, proper and sufficient purpose
without legal right or justification, or genuine reasonable excuse in the circumstances -
Carries
actually has the weapon on or about them -
An imitation firearm
anything that has the apperance of being a firearm
Conditional Assault
Where there is the threat of an assault accompanied by a condition
“you won’t be punched if you leave the property”
Disorderly behaviour likely to cause violence
what is this?
Summary Offences Act 1981, Section 3
situations where the behaviour is of a nature that has caused, or may cause, violence against persons or property to start or continue.
This behaviour is described in section 3 as:
* offensive
* riotous
* threatening
* insulting
* disorderly
This offence would only be appropriate if the behaviour was of such a nature that it causes the victims (not incl Police) to react in a violent way.
Evidence may include
- Witness statement
- Victim statement
- Suspect statement
- Officer’s evidential statement
- CCTV footage
- Exhibits (name the item/s)
- photographs (of what?)
examples of Implied Consent?
- touching a person on the shoulder
- shaking hands
- acts of affection (kiss, hug)
- playing a contact sport within the spirit and rules of the sporting code
Fighting in a public place
elements & definition
Summary Offences Act 1981, Section 7
-
Fights
fighting is punching, striking, mauling, wrestling etc between two or more willing participants -
In a public place
a place that, at any material time, is open to or is being used by the public, whether free or on payment of a charge, and whether any owner or occupier of the place is lawfully entitled to exclude or eject any person from that place; and includes any aircraft, hovercraft, ship or ferry or other vessel, train, or vehicle carrying or available to carry passengers for reward.
Also includes the interior of a vehicle that is in a public place.
Firearms & Licences
Age limits for possession of firearms and air guns:
-
0-15
cannot own a firearm or air gun
can use under immediate supervision of a licence holder -
16-17
requires a licence for both firearm and air gun -
18+
requires a licence for a firearm but no licence for an air gun
Firearms & Licences
Define a Pistol:
any firearm that is designed or adapted to be held and fired with one hand and includes any firearm that is less than 762mm in length
Firearms & Licences
Define a Restricted Weapon:
any weapon declared a restricted weapon by the Governor-General
for example:
* Molotov cocktails
* grenades
* rocket launchers
* Taser
* pepper spray
Firearms & Licences
Define a semi-automatic:
a firearm that if it is loaded, with each pull of the trigger it:
* fires a cartridge and ejects its case and
* chambers another cartridge (unless all cartridges loaded have been fired)
Firearms & Licences
Define an Air Gun:
includes any:
* air rifle
* air pistol
* weapon from which, by the use of gas or compressed air (and not by force of explosive), any shot, bullet, missile, or other projectile can be discharged.
Firearms & Licences
Define an Explosive:
any substance capable of exploding or producing a pyrotechnic effect
for example:
* dynamite
* TNT
* Marine distress flares
Firearms & Licences
Define an Imitation Firearm:
anything that has the appearance of being a firearm, whether or not it is capable of discharging any bullet, etc.
Firearms & Licences
Licence categories:
- A - full licence for the possession and use of conventional firearms (not pistols or restricted weapons).
- B - Pistols, providing the owner is a member of a pistol club
- C - Collections, restricted weapons and use of weapons in theatrical performances
- D - Firearms dealers
How do you confirm the identity of a Suspect?
- descriptions
- photo montages
- direct evidence (witness/victim pointing them out)
- forensic evidence putting the suspect at the scene
- CCTV footage
- location found, time delay, matching description
Mens rea
“a guilty mind”
This relates to a persons guilty knowledge or what was in their mind when they carried out the act.
- intention/recklessness/criminal negligence
Other wilful damage related offences to be aware of:
- Wilful damage - Summary Offences Act 1981, Section 11(1)(b), this refers to intentionally setting fire to any tree or vegetation.
- Graffiti vandalism, tagging, defacing etc. - Summary Offences Act 1981, Section 11A
- Possession of Graffiti implements - Summary Offences Act 1981, Section 11B
Theft
Ownership
A person is regarded as the owner of any property that is stolen if, at the time of the theft, that person has:
* possession or control of the property
* any interest in the property
* the right to take possession or control of the property
Possession of burglary tools
Summary Offences Act 1981, Section 14
Related to burglary.
Usually used if the suspect(s) were located on the way to commit a burglary or near the scene of an intended burglary.
Every person is liable to imprisonment who:
* without reasonable excuse,
* has in their possession
* any instrument capable of being used for burglary
* in circumstances that prima facie (“on the face of it” or based on first impression) show an intention to use it for burglary
Receiving
Crimes Act 1961, Section 246(1) & 247(a) or 247(b) or 247(c)
Receives
* either exclusively or jointly with the thief or any other person has possession or control over anything unlawfully obtained or helps in its concealment or disposal
Any property stolen
* anything whatsoever, whether tangible or intangible, that is the property of any person, has value and has been stolen
OR
Any property obtained by any other imprisonable offence
* anything whatsoever, whether tangible or intangible, that is the property if any person, has value and has been obtained by an imprisonable offence other than theft
Knowing that property to have been stolen or so obtained
* believing at the time of receiving that the property had been stolen or obtained by any other imprisonable offence
OR
Being reckless as to whether the property had been stolen or so obtained
* receives the property, despite the person consciously taking an unreasonable risk that the property might be stolen or obtained by any other imprisonable offence
Robbery
Elements & Definition
Crimes Act 1961, Section 234(1) & (2)
Theft
* the theft must be complete to the point where possession of the property is obtained by the suspect
Accompanied by violence
* violence before or at the time of the theft
OR
Accompanied by threats of violence
* threat of violence before or at the time of the theft, demonstrated by conduct or words
To any person
* the person who has been threatened with violence
OR
* the person who had violence used against them
OR
To any property
* the property that has been threatened with violence
OR
* the property that had violence used against it
Used to extort the property stolen
* the violence or threats used by the suspect are sufficient to cause the person to hand over the property against their will
OR
To prevent or overcome resistance to the property being stolen
* the property is taken by the suspect after any resistance to its taking has been prevented or overcome
Summary of Facts
Covers off all the elements of the offence.
* chronological order
* third person tense
* defendant only named in introduction
The importance of ‘value’ of property stolen
Crimes Act 1961, Section 223
Very important because it determines the penalty imposed upon conviction.
Value of an item is its current resale value, not its replacement cost
Theft
elements & definition
-
Dishonestly
without a belief that there was consent or authority from the owner -
Without claim of right
no belief in a right to own or possess the property -
Takes
physically moves the property -
Any property
anything whatsoever, whether tangible or intangible, that is the property of any person and has value -
With intent to deprive any owner permanently of that property
an intent to deprive the owner permanently of the property
OR
deal with the property in a manner so that it cannot be restored to its original condition
Theft by finding
The finder of lost property must make reasonable attempts to return the property to the lawful owner.
Attempts would include:
* contacting and advising Police of finding the property
* advertising the find
Although the finder may have physical possession, the title or ownership remains with the owner, the person who lost it.
Theft by person in a special relationship
Crimes Act 1961, Section 220
Any person who has received, or is in possession of or control over, any property and who is required to:
* account to any other person for the property or for any proceeds arising from that property
OR
* deal with the property, or any proceeds arising from the property, in accordance with the requirements of any other person
Example: A solicitor holding money for a client or treasurer of the sports club
Theft by spouse or partner
Crimes Act 1961, Section 222
A person may be convicted of theft of another’s property even though those people were married to each other, or in a civil union or a de facto relationship with each other, at the time of the theft
Theft by using or dealing
Section 219 Crimes Act 1961
Suspect initially has authority or permission to use the item but then exceeds or goes against the conditions of this authority or permission
Example: John borrows an electric drill from his neighbour, he takes it home. John keeps it for some time and when he thinks the neighbour has forgotten about it, he sells it to a friend. John gained possession of the drill legally, but then sold the drill as though he was the owner. The offence is complete.
Theft
Act & Section
Crimes Act 1961
Section 219(1)(a) & 223(b) or 223(c) or 223(d)
Transferred Malice
A defendant will be liable for an offence if he/she has the necessary mens rea and commits the actus rea even if the victim is not the intended person
Types of theft
Theft
- Theft by person in a special relationship
- Theft by spouse or partner
- Theft by using or dealing
What is a Statute of Limitations
Protect people against ‘stale claims’.
If you want to make a claim, you have to file it within a time period. The timeframe differs depending on the offence
What is Artifice?
Burglary
being cunning, skilled or artful
Although it seems like entry has been obtained by permission, the nature of the act (threat or artifice) causes the authority, either expressed or implied, to be negated. Therefore they enter “without authority”
When is theft complete?
When the elements of theft are complete, and the property is obtained (albeit momentarily).
Wilful Damage
Definitions
Intentionally
* a deliberate act, without lawful justifcation, excuse or claim of right
OR
* A reckless act [where possible consequences are foreseen but continues the act regardless of risk], without lawful justification, excuse or claim of right
Damages
* Temporary or permanent reduction in value and/or usefulness of the property
Property
* Something that belongs to another person and is capable of being damaged
Wilful Damage
Act & Section
Summary Offences Act 1981, Section 11(1)(a)
Alcohol
Minor Drinking in a public place
definition & elements
- Every person under 18 years of age unaccompanied by their parent or guardian
- Who drinks
- Any alcohol
- In any public place
Minor Drinking in a public place
Act & Section
Summary Offences Act 1981, Section 38(3)(a)
Alcohol
Minor in possession of alcohol for consumption
elements & definition
- Every person under 18 years of age
- Who has in his/her possession for the consumption of
- Any alcohol
- In any public place
- While not accompanied by their parent of legal guardian
Minor in possession of alcohol for consumption
Act & Section
Summary Offences Act 1981, Section 38(3)(b)
Alcohol offences on public transport
Act & Section
Summary Offences Act 1981, Section 38(1)
Alcohol
Alcohol offences on public transport
elements & definition
- Any person who
- drinks
OR - supplies
OR - offers to supply
OR - has possession for consumption therein
- Any intoxicating liquor
- In or on any public transport
not an offence if they are just transporting alcohol to another location
Alcohol Offences
Power of arrest for:
* Minor Drinking in a public place
* Minor in possession of liquor for consumption in a public place
* Alcohol offences on public transport
The constable needs to have viewed the offence taking place and can only arrest if that person then refuses to give their name and address on demand.
Alcohol Offences
Powers of seizure for:
* Minor Drinking in a public place
* Minor in possession of liquor for consumption in a public place
* Alcohol offences on public transport
The power for seizure of both the alcohol and its container comes from Summary Offences Act 1981, Section 45.
Alcohol to be seized and kept as an exhibit when the person is charged.
If the person is simply warned, or charged but not convicted, they are entitled to the return of alcohol.
Intoxicated People
Intoxicated acronym:
- Speech is impaired
- Co-ordination is impaired
- Appearance is affected
- Behaviour is impaired
Intoxicated People
Temporary Shelter definition
A place that can provide care and protection of the intoxicated person
Intoxicated People
Intoxicated definition
observably affected by alcohol, drugs and/or other substances to such a degree that two or more of the following are evident:
* speech is impaired
* co-ordination is impaired
* appearance is affected
* behaviour is impaired
Intoxicated People
If you find an intoxicated person in a public place or trespassing on private property
First Option:
Take the person to their home unless:
* address not obtainable
* not safe
* impractical
Intoxicated People
If you find an intoxicated person in a public place or trespassing on private property
Second Option:
Take the person to a temporary shelter unless it is closed or not available (as in most cases)
Intoxicated People
If you find an intoxicated person in a public place or trespassing on private property
Third Option:
Take the person to a Police station for up to 12 hours to sober up
Intoxicated People
The person’s rights of any intoxicated person detained by Police:
- must be given their caution/rights because they are being ‘detained under an enactment’
- must be, if detained at a police station, allowed to make one telephone call
- must not be detained longer than 12 hours after the person is first detained, unless a health practitioner recommends that the person be further detained for a period not exceeding 12 hours
Sale & Supply of Alcohol
On Licence
Patrons must consume alcohol ON the premises
Sale & Supply of Alcohol
Off Licence
Patrons must consume alcohol OFF the premises
Sale & Supply of Alcohol
Special Licences
Licensees may extend their current licence conditions or apply for a temporary licence for a certain event or time period
Sale & Supply of Alcohol
Club Licences
Members, guests of members and those from other clubs with reciprocal (mutual) rights may consume ON the premises
Sale & Supply of Alcohol
Restricted area
means an area to which persons under 18 years of age must not be admitted
staff serving must also be over 18 years old
Sale & Supply of Alcohol
Supervised area
means an area to which minors must not be admitted unless accompanied by a parent or legal guardian
staff can be under 18 years old
Sale & Supply of Alcohol
Found in a Restricted or Supervised Area
elements
- being under 18 years
- is found on licensed premises in a
- restricted area
OR - Supervised area unaccompanied by their parent or guardian
Sale & Supply of Alcohol
Power to enter licenced premises
Police may enter licenced premises:
At any time if they believe offences against the Act are taking place
At any reasonable time (opening hours) to check the manager is complying with their licence
Sale & Supply of Alcohol
Power to demand details
- When a Constable has reasonable cause to suspect any person
- is committing or has committed any offence against this Act
- A Constable may require:
-Name
-Address
-DOB - If the Constable believes that the particulars provided are false, they may require evidence of the particulars
- If the person fails or refuses to give any particulars or evidence, they must be cautioned and if they persist, they may be arrested
the ‘caution’ is a warning
Sale & Supply of Alcohol
Power to demand details
Act & Section
Sale and Supply of Alcohol Act 2012, Section 269
Sale & Supply of Alcohol
Alcohol definition
a substance that:
* is or contains a fermented, distilled, or spirituous liquor; and at 20 degrees celsius is found on analysis to contain 1.15% or more ethanol by volume; or
* is a frozen liquid and when thawed is as above
Sexual Offences
Indecent Exposure
elements & definitions
In a public place
OR
Within view of a public place
Intentionally
the act of exposure is deliberate, voluntary and not by accident
AND
Obscenely
the act offends reasonable contemporary standards of propriety, that a reasonable observer would regard it with “loathing, disgust and revulsion”
Exposes any part of his or her genitals
the penis and testes of a male, and the vulva and vagina of a female are exposed
Sexual Offences
Indecent Exposure & Indecent act in a public place
defence
the defendant proves that they had reasonable grounds for believing that they would not be observed
Sexual Offences
Indecent Exposure
Act & Section
Summary Offences Act 1981, Section 21(1)
Sexual Offences
Indecent act in a public place
elements & definitions
Wilfully does
deliberate or voluntarily and not accidental
Any indecent act
an act that does not conform with generally accepted standards of behaviour, especially in relation to sexual matters
In any public place to which the public have or are permitted to have access
any public place
OR
Within view of any place to which the public have or are permitted to have access
within view of any public place
Sexual Offences
Indecent act in a public place
Act & Section
Crimes Act 1961, Section 125(1)
Sexual Offences
Indecent assault
elements & definitions
Indecently
not conforming with the generally accepted standards of behaviour, especially in relation to sexual matters
Assaults
the act of intentionally applying force or attempting to apply force to another person, directly or indirectly, or threatening by act or gesture to apply such force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds they have, the present ability to affect his purpose
Another Person
it has to be another person other than the suspect
Sexual Offences
Indecent assault
Act & Section
Crimes Act 1961, Section 135
Sexual Offences
Sexual Violation by rape
Person A rapes Person B when:
- person A uses their penis to penetrate the vagina of person B
- without person B consenting to the connection and
- without believing on reasonable grounds person B consented to the connection
the law does not mention gender because the offence could be committed on or by a person whose vagina or penis was surgically constructed
Sexual Offences
Sexual Violation by unlawful sexual connection
sexual connection occurs when:
- person A penetrates the genitalia or anus of person B using any part of their body or any object used by them
or - connection between the mouth or tongue of person A and the anus or genitalia of person B. The connection is unlawful when there is no consent or reasonable grounds a belief of consent existed
Sexual Offences
Consent definition
a person’s conscious and voluntary agreement to something desired or proposed by another
the law doesn’t define consent…
Sexual Offences
Consent - Crimes Act Section 128A
circumstances where in sexual activity a person does not provide a legal consent
These circumstances are:
A person does not consent to sexual activity:
* just because he/she does not protest or offer physical resistance
* if he/she allows the activity because of force applied to him/her or some other person; or threat (expressed or implied) or fear of the application of force to him/her or some other person
A person cannot consent:
* when they are asleep or unconscious
* if they are so affected by alcohol or some other drug that they cannot consent or refuse to consent
* if affected by intellectual, mental, or physical condition or impairment of such a nature and degree that they cannot consent or refuse to consent
* where they are mistaken about the identity of the other person
A person does not consent if they allow the act because they are mistaken about its nature and quality
Harmful Digital Communications Act 2015
Posting harmful digital communications
when would this apply?
- posting digital communication with the intent of causing harm
- posting an intimate recording without consent
Sexual Offences
Intimate Visual Recordings
a recording includes:
- visual recording (any medium)
- without knowledge or consent
- made in a place where privacy is expected
- of private body parts or private activities
OR - of underwear or naked parts under clothing
Harmful Digital Communications Act 2015
Posting harmful digital communications
example?
Cyberbullying: a person posts the address of another on Facebook telling people to trash their house
A couple film themselves having sex then after they part ways, one party posts the recording on the internet
Controlled Drugs
Common Class A drugs
- LSD
- Heroin
- Cocaine
- PCP
- Psilocybine Mushrooms (magic mushrooms)
- Mescaline
- Methamphetamine
Controlled Drugs
Common Class B drugs
- Cannabis resin, oil
- Ephedrine
- Fentanyl
- GHB (fantasy) GBH
- Opium
- Morphine
- MST’s
- MDMA ‘Ecstasy’
- Methadone
- Amphetamines
Controlled Drugs
Common Class C drugs
- BZP (party pills)
- Cannabis leaf, seeds
- Codeine
Possession OR use of controlled drugs
elements & definitions
Procure
to purchase or obtain
OR
Possess
knowingly has in their possession or under their control, a usable quantity
OR
Consume
ingest (eat or drink)
OR
Smoke
inhale smoke
OR
Otherwise use
use of a drug in any manner whatsoever, other than above
Any controlled drug
any drug listed in the first, second or third schedule of the Misuse of Drugs Act 1975
Possession OR use of controlled drugs
Act & Section
Misuse of Drugs Act 1975, Section 7(1)(a) & 7(2)(a) & 7(2)(b)
Possession OR use of controlled drugs
what do you need to prove for a prima facie case?
Possession
the person was in possession of the controlled drug and/or able to exercise some form of control over it
Knowledge
they know what the controlled drug is, or that it is a controlled drug of some type, and it is in their possession
Usable quantity
the amount of drug was enough to be usable
Cultivation of prohibited plants
elements & definitions
Cultivates
to grow or germinate (includes to sow or plant)
A prohibited plant
any prohibited plant listed in s2 of the MODA 1975
Cultivation of prohibited plants
Act & Section
Misuse of Drugs Act 1975, Section 9(1) & 9(2)
Possession of instruments
Act & Section
Misuse of Drugs Act 1975, Section 13(1)(a) & 13(3)
Possession of instruments
elements & definitions
Has in his possession
in their possession or under their control
Any pipe
a container where material is burnt and the smoke is inhaled
OR
Any utensil
instrument, vessel or implement for drug use
For the purpose of the commission of an offence against the MODA 1975
an intention on the part of the possessor to use for the purpose of an offence against the MODA (either currently or in the future)
Dealing with controlled drugs
Section 6
except for authorised people or pursuant to a licence under this Act, no person shall:
- import / export / produce or manufacture
OR - sell / supply or administer to any person
OR - have in their possession with intent to supply or administer any controlled drug
Possession of instruments
Capable of use
remember you must prove…
the suspect had possession for the purposes of committing an offence against the MODA 1975.
Merely possessing the instrument is not an offence
Controlled drugs - searching
Searching falls into three areas:
- people
- vehicles
- premises, buildings etc
Controlled drugs - searching
Your search must be:
- progressive
- methodical
- thorough
Controlled drugs - Powers
Online notification
when using a warrantless power of entry or search, you must report as soon as practicable (section 169).
You must also complete a ‘drugs search and seizure’ notification located on Ten One, this must be completed if a warrantless search is invoked whether drugs are found or not.
Police policy also states that the online notifications should be completed by the end of shift.
Controlled drugs - Powers
SASA 2012 powers
- s20 - warrantless search of places and vehicles
- s21 - warrantless search of people found in/on places and vehicles
- s22 - warrantless power to search for controlled drugs and precursor substances
obligations of 125 or 131 using NIAR
Controlled drugs - Powers
SASA 2012 powers - what is not included in s20-22?
for Pethidine, Methadone and Codeine you do not have s20,s21,s22 powers
Controlled drugs
Possession for supply
Amount at and over which controlled drugs are presumed to be for supply:
* Cannabis
* Methamphetamine
* Heroin / Cocaine
Cannabis
28 grams
Methamphetamine
5 grams
Heroin / Cocaine
0.5 grams
