Offences, powers, definitions, procedures Flashcards
What are the elements of Wilful Damage
(a) Intentionally, Damages, Property
(b) Intentionally, Sets fire to, Any tree or vegetation
What are the elements of Graffiti, Vandalism, Tagging etc.
Damages or defaces any building, structure, road, tree, property, or other thing by writing, drawing, painting, spraying, etching on it, or otherwise marking it
Without lawful authority, and
Without the consent of the occupier or owner or other person in lawful control
What are the elements of Possession of Graffiti Implements
Without reasonable excuse
He or she has in their possession a thing capable of being used to commit an offence against Section 11A
In the circumstances where it can be reasonably inferred that he or she intends to use it to commit such an offence
What are the defenses of Sale of spray cans to people under 18
Sold by an educational institution to its students to enable them to complete course work
Where an age document has been presented and the defendant believed on reasonable grounds that the document was an age document, related to the buyer and showed that the buyer was over 18
What is the method of storing spray cans in a shop
Spray cans must be stored in such a way that members of the public cannot access them without the assistance of a retailer or occupier of that shop
What are the elements of Assault
Assaults
Another person
What is the definition of Assault
The act 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 a 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
What is the definition of Intentionally
A deliberate or reckless act (where the possible consequences are foreseen but the act is continued regardless of the risk) without lawful justification, excuse or claim of right
What is the definition of damages
A temporary or permanent reduction in the value and/ or usefulness of the property
What is the definition of property
Something belongs to another person and is capable of being damaged
What sections allow you to use force
Crimes Act 1961: Section 39 (arrest) Section 40 (prevent escape or rescue) Section 41 (prevent suicide) Section 42 (to stop breach of peace) Section 48 (self-defense or defense of another)
What actions should you take en route to the scene
- Obtain description of suspect, vehicle, direction of -travel, any weapons
- Discuss areas of responsibility with your partner
- Plan your approach to the scene
- Establish a Safe Forward Point (SFP)
- Consider options
What actions should you take on arrival
- Update Comms
- Park in a safe, clear area
- Discuss approach to scene
- Note what, who, where
Explain control, freeze, preserve
Control: all movement to and from the scene, and all movement in the contained area
Freeze: keep the scene in its original state, nothing is to be touched or moved
Preserve: all relevant exhibits
What are the duties of a Scene Guard
- Prevent unauthorised people entering the scene
- Record details of anyone entering the scene
- Brief authorised people
- Report and record suspicious activity
- Avoid contaminating/interfering with scene
- Be aware of animals and remove them from the scene
What are your powers of arrest under Sections 315(2)(a), 315(2)(b), 39(1), and 39(2)
- 315(2)(a): any person you find disturbing the peace or committing an imprisonable offence
- 315(2)(b): any person you suspect has committed a breach of the peace or an imprisonable offence
- 39(1): any person you suspect has committed an offence against this Act, except sections 17-20, 25, 32-38
- 39(2): any person who, within your view, commits an offence against sections 17-20, 25, 32-38 and fails to give their name and address of gives false details
What are the Bill of Rights Act 1990 Sections 21-24
- 21: Every person secure against unreasonable search and seizure of their person, property or correspondence
- 22: everyone is protected from arbitrary or random arrest or detainment
- 23: people arrested or detained under any enactment have rights and must be informed of those rights
- 24: people charged with an offence have certain rights and must be informed of those rights
What are the Victims Rights Act 2002 Sections 7,8,11,12,51
- 7: victims dealt with courtesy, compassion, respect for their personal dignity and privacy
- 8: victims should have access to welfare, health, counselling, medical and legal services
- 11: victims should be informed of the services available at the earliest opportunity
- 12: prosecuting authority should keep victims informed of the progress of the investigation
- 51: a person’s property held for evidence should be returned as soon as it is no longer required
What are the elements of fighting in a public place
Fights
In a public place
What are the definitions of fights and a public place
- Fights: punching, striking, mauling, wrestling etc between two or more willing participants
- Public place: 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 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 private vehicle in a public place
What are the elements of disorderly behaviour likely to cause violence
In a public place or within view of a public place
Behaves in or incites or encourages any person to behave in
A riotous, offensive, threatening, insulting, or disorderly manner
That is likely, in the circumstances, to cause violence against persons or property to start or continue
What are the elements of offensive or disorderly behaviour
In a public place or within view of a public place
Behaves in an offensive or disorderly manner
What are the elements of disorderly assembly
An assembly of three or more persons
In any public place
Assemble or conduct themselves in such a manner to cause persons in the immediate vicinity to fear on reasonable grounds
That those assembled will
Use violence on persons or property
OR
Commit an offence against section 3 of this Act
What are the elements of excreting in a public place and what is a defense
Urinates or defecates
In any public place
Defense: if they believed on reasonable grounds that they would not be seen
What are the elements of resisting police and obstruction
Resists or obstructs
OR
Incites or encourages any person to resist or obstruct
Any constable or authorised officer or prison officer or traffic officer acting in the execution of their duty
What do resist and obstruct mean
Resist: uses some degree of force
Obstructs: intentionally makes it more difficult for somebody to carry out their duties
What are the elements of trespass after warning to leave
Trespasses
On any place
After being warned to leave that place by an occupier of that place
Neglects or refuses to do so
What are the legal defenses of trespassing
Their own protection
The protection of somebody else
An emergency involving their property or the property of some other person
The person who issued the trespass no longer occupies that place
Where does your power to use force to remove a trespasser come from
Section 56 of the Crimes Act 1961 allows you to use reasonable force to remove a person that is trespassing or to prevent a person from trespassing, you must not strike or do bodily harm
What are the elements of trespass after previous warnings
Being a person who has been warned under Section 4 to stay off any place
Wilfully trespasses on that place
Within two years
What powers does Section 9 of the Trespass Act 1980 give you
Section 9 gives you the power to demand details, such as:
- Name, address, and firearms licence number if they are in possession of a firearm
- If they fail or refuse to give these details they may be cautioned
- If they persist to fail or refuse, you may arrest without warrant
What are the elements of Being found on a property without reasonable excuse
Found
Without reasonable excuse
In OR On
Any building, aircraft, hovercraft, ship, ferry or other vessel, train, or vehicle
What are the elements of Being found on a property without reasonable excuse (enclosed yard or area)
Found
Without reasonable excuse
In
Any enclosed yard or other such area
What are the elements of Theft (taking)
Dishonestly
Without claim of right
Takes
Any property
With the intent to deprive any owner permanently of that property
OR
With the intent to deprive any owner permanently of any interest in that property
What are the elements of Theft (uses or deals)
Dishonestly
Without claim of right
Uses or deals with
Any property
With the intent to deprive any owner permanently of that property
OR
With the intent to deprive any owner permanently of any interest in that property
After obtaining possession or control of that property in any manner
How can a person be an owner of a property
If they have:
- possession or control of the property
- any interest in the property
- the right to take possession or control of the property
What must you include in a theft file
A reparation schedule as the value of the property has an effect on the penalty of the offence
What are the elements of Burglary
Enters
Any building or ship
OR
Any part of any building or ship
Without authority
And with the intent to commit an imprisonable offence in the building or ship
What is Artifice
Involves being “cunning, skilled, artful”, means using deception or trickery
What are the elements of Burglary (having entered)
Having entered
Any building or ship
Remains without authority
With the intent to commit an imprisonable offence in the building or ship
What are the elements of Aggravated burglary
While committing burglary
Has a weapon with him or her or uses anything as a weapon
OR
Having committed burglary
Has a weapon with him or her or uses anything as a weapon
While still in the building or ship
OR
Has a weapon with him or her with the intent to commit burglary
What are the elements of Possession of instruments for burglary
Without lawful authority or excuse
Has in his or her possession
Any instrument capable of being used for burglary
With intent to use it for such a purpose
What are the elements of Robbery
Theft
Accompanied by violence OR accompanied by threats of violence
To any person OR to any property
Used to extort the property stolen OR to prevent or overcome resistance to the property being stolen