Offences One Flashcards
What are the ingredients of Intentional Damage?
Intentionally / damages / property OR intentionally / sets fire to / any tree or vegetation.
What are the practical action procedures for dealing with intentional damage complaints?
Systematic Approach (VAWSEIPO), safeguard property until owner returns, seize any evidence, ascertain the value of the property damaged and request court order for reparation to the victim.
What is meant by “Graffiti vandalism and tagging”?
Writing, painting, spraying or etching any building, structure or property.
What are the circumstances that must exist for it to be an offence to be in possession of graffiti implements?
In circumstances in which it can be reasonably inferred that the possessor intends to use the item(s) for such purpose.
What are two defences available where spray cans are sold to persons under 18 years of age/for use by such persons?
When documentation has been produced that caused the seller to honestly believe the purchaser was over 18, or by educational institutions to their students for coursework purposes.
Define the method in which spray cans must be stored to ensure retailer compliance with the Act.
They must be stored in such a way that members of the public cannot access those items without the assistance of a retailer or occupier of that shop.
What are the ingredients of Theft (takes)?
Dishonestly /
Without claim of right /
Takes /
Any property /
With intent to deprive any owner permanently of that property
OR With intent to deprive any owner permanently of any interest in that property.
What are the ingredients of Theft (uses or deals)?
Dishonestly /
Without claim of right /
Uses or deals with /
Any property /
With intent to deprive any owner permanently of that property
OR With intent to deprive any owner permanently of any interest in that property /
After obtaining possession or control of that property in whatever manner.
What matters should you consider when you receive a theft briefing from Comms?
Where is the exact location? What’s the offender description? What’s the offender’s mode and direction of travel? What’s the time delay? What’s a description of the property?
What matters should you consider when you’re EN ROUTE to a theft briefing from Comms?
Keep a lookout for the offender. Maintain communication with Comms. Note time/date/place in your notebook.
What matters should you consider while at the scene of a theft?
Locating and controlling the offender ASAP. Speaking to informant/victim and gaining details. Giving a SITREP back to Comms.
What should you consider when conducting a scene examination for a theft?
Check for property dropped or discarded by the offender. Check for footwear impressions/tyre treads. Look for areas likely to have fingerprints, and note lighting and layout of the scene.
What should you consider when conducting interviews for a theft?
Obtaining particulars and as many details about the property as possible. Get as many details on the offender as possible. Note scene layout and the positions of any eyewitnesses.
What should you consider when you have located the offender of a theft?
Accompany to police station. Search warrant/search subsequent to arrest. Conduct interview. Decide whether to charge via court summons or arrest.
What should your final action be when dealing with a theft, after the offender has been arrested/issued with a court summons?
Label and secure exhibits, inform NCO of the outcome and advise the victim of the action taken.
Why is the value of a theft important?
Because the penalties differ depending on the resale value of the items taken. Items over $1000 = up to 7 years, over $500 = up to 1 year, under $500 up to 3 months.
What are 3 other specific types of theft?
Theft by person in special relationship, theft by spouse, theft of animals.
What are the ingredients of assault?
Assaults /
Another person.
What are the ingredients of assault with a weapon?
Assaults /
Another person /
Using anything as a weapon
OR Having anything with him or her in circumstances that prima facie show an intention to use it as a weapon.
Define and give an example of a direct assault.
When the offender is responsible for the force behind the assault, e.g . bottling or punching someone.
Define and give an example of an indirect assault.
When the offender is indirectly responsible for the injuries of the victim, e.g. pulling a chair out from someone or striking their horse.
Define and give an example of transferred malice.
When there is an unintentional victim of the assault, e.g. an offender has attempted to punch someone, then the intended victim has ducked and they have assaulted someone else by accident.
Define and give an example of a conditional assault.
Assault that will/will not be carried out depending on conditions defined by the offender, e.g. “If you cross that line, I’ll punch your lights out”
What are 4 situations where assault can be justified?
Parental control (not correction), Officers undertaking duties, breach of the peace, self defence.
What is implied consent in the context of assault?
Acts where consent is implied, such as a handshake, hongi, or within sports.
What is the investigation procedure for dealing with an assault victim (acronym)?
PCSWIM:
Photography Clothing S Witnesses Injuries Medical