Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Sapstudy2019 > P3 SG4 > Flashcards

P3 SG4 Flashcards

1
Q

Sect 4 Victims of Crime act - interpretation.

Victim in relation to an offence means..?

A

Means a person who suffers harm as a result of the commission of the offence.

(But does not include a person who was a party to the commission of the offence).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Immediate Victim -

In relation to an offence, means a victim of any of the following classes:…?

A

A) A person who suffers physical injury as a result of the commission of the offence;
B) A person who suffers psychological injury as a result of being directly involved in the circumstances of the offence or in operations in the immediate aftermath of the offence to deal with it’s consequences;
C) if the offence was committed against a child - a parent or guardian of the child;
D) if the offence was committed against a person who does as a result of the offence - a member of the immediate family of the deceased;

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Recording interviews with certain vulnerable witnesses.
SOA - S74EA - application and interpretation.

1) This division applies to a person being interviewed as a potential witness who is -…

A

a) a child under the age of 14 years; or
b) a person with a disability that adversely affects the person’s capacity to give a coherent account of the person’s experiences or to respond rationally to questions.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Explain S.P.A.D.E….

A

Set the scene.
Place the players
Action - Describe what happened in detail.
Descriptions (offenders, cars, objects, weapons etc.)
Elements of the offences committed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Explain AD.V.O.K.A.T.E

A 
Amount of time under observation
Distance (how far away was the witness?)
Visibility (lighting, time of day etc)
Obstructions (anything between witness and person)
Known or seen before
Any reason to remember (distinguishing features?)
Time lapse
Error or material discrepancy
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

S.9 (1 & 1a) Graffiti Control Act -

1) Marking Graffiti…
1a) A person who marks graffiti -…

A

A person who marks graffiti is guilty of an offence

a) within a cemetery; or
b) on or within a public memorial; or
c) on or within a place of public worship or religious practice,
Is guilty of an offence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

S.10 (1) Graffiti Control Act - Carrying graffiti implement

1) A person who…

A

a) carries an implement with the intention of using it to mark graffiti; or
b) carries a graffiti implement of a class prescribed for the purpose of this paragraph without lawful excuse in a public place or a place on which the person is trespassing or has entered without invitation,
Is Guilty Of An Offence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

s.3 Graffiti Control Act - Interpretation

Graffiti implement means - …

A

a) a can of spray paint, other than a can containing paint that -
(i) does not contain pigment; and
(ii) is transparent when sprayed onto a surface; or
b) an implement of a kind prescribed by the regulations.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

S.7 Graffiti Control Regulations - Carrying prescribed class of graffiti implement.

For the purposes of S.10(1)(b). the following classes of graffiti implement are prescribed….

A

a) graffiti implements capable of spraying paint or a similar substance;

b) graffiti implements designed or modified to produce a mark that-
(i) is not readily removable by wiping or by use of water or detergent; and
(ii) is more than 15mm wide.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

GO - Youth Justice

Explain the age of criminal responsibility…

A person under the age of…

A

A person under the age of 10 years cannot commit an offence (pursuant S.5 Young offenders act.)

There is a common law presumption that a youth between 10 and 14 years of age does not have the requisite intent to commit a criminal offence; however, the presumption is rebuttable.
The prosecution must prove the youth committed the criminal act with the requisite intent and sufficient understanding to know the behavior to be wrong.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

List the four ways a young offender can be dealt with…

A

Informal caution
Formal caution
Family conference
Youth Court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

S.85 Criminal law consolidation act - Arson and other property damage.

List sections 1 - 5. (A person who, without….)

A

1) A person who, without lawful excuse by fire or explosives, damages property that is a building or motor vehicle (whether the property belongs to the person or to another) -
a) Intending to destroy property; or
b) being recklessly indifferent as to whether his or her conduct damages property,
Is guilty of arson.

2) A person who, without lawful excuse, damages (other than by fire or explosives) another’s property that is a building or motor vehicle -
a) Intending to destroy property; or
b) being recklessly indifferent as to whether his or her conduct damages property,
Is guilty of an offence

3) A person who, without lawful excuse damages another’s property (other than a building or motor vehicle) -
a) Intending to damage property; or
b) being recklessly indifferent as to whether his or her conduct damages property,
Is guilty of an offence.

4) A person who, without lawful excuse, threatens to damage another’s property -
a) intending to arouse a fear that the threat will be, or is likely to be, carried out; or
b) being recklessly indifferent as to whether such a fear is aroused.
Is guilty of an offence.

5) subsection 4 applies to a threat directly or indirectly communication by words (written or spoken) or by conduct, or partially by words and partially by conduct

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

S.84 Criminal law consolidation act - definitions.

To damage in relation to property includes - …..

A

a) to destroy the property;
b) to make an alteration to the property that depreciates its value;
c) to render the property useless or inoperative
d) in relation to an animal - to injure, wound or kill the animal,

and damage has a corresponding meaning.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Classification of offences - Property damage

S.85 (1) - Arson only (damage () than)

S.85 (2) and (3) - does not include arson (damage () than)

S.85 (4) - Threatens to damage property…. (basic, aggravated, aggravated by threat)

A

(1) ARSON ONLY
Damage greater than $30,000 - life imprisonment, major indictable
Damage less than $30,000 - 5 years, minor indictable.

(2)(3) DOES NOT INCLUDE ARSON
Damage greater than $30,000 - 10 years, major indictable
damager greater than $2,500 but less than $30,000 - 3 years, minor indictable
damage less than $2,500 - Nil imprisonment, summary offence

(4) Threatens to damage property
For a basic offence - imprisonment for 5 years
For an aggravated offence - imprisonment for 7 years
For an offence aggravated by a threat to commit ARSON - imprisonment for 15 years.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

S.17A(1) Summary Offences act - Trespassers on premises

(1) Where - …

A

(1) Where -
a) a person trespasses on premises; and
b) the nature of the trespass is such as to interfere with the enjoyment of the premises by the occupier;
c) the trespasser is asked by an authorized person to leave the premises, the trespasser is, if he or she fails to leave the premises forthwith or again trespasses on the premises within 24 hours of being asked to leave, guilty of an offence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

S.17 (1) Summary offences act - being on premises for an unlawful purpose

(1) A person who has entered…

A

(1) A person who has entered, or is present on premises for an unlawful purpose or without lawful excuse is guilty of an offence.

NOTE:
This section has two distinct offence so you should elect one or the other.

17
Q

GO - Custody Management - General order statement:

SAPOL is responsible for….

A

SAPOL is responsible for safely and securely managing all persons in police custody from the time of their arrest until they are released or transferred to an external agency.

18
Q

GO - Custody Management - SAPOL Application:

SAPOL is responsible for…

A

SAPOL is responsible for safely managing all detainees.

Ensuring detainee environment is safe and secure

Ensuring each detainee is free from injury and harm.

19
Q

Explain the definition of close physical presence…

A

Is the requirement for a member to be capable of immediately responding to an incident which involves a detainee.

20
Q

Explain close physical presence application…

A

Be physically present

Have a clear uninterrupted view of the detainee

Be able to immediately respond to an incident that involves the detainee.

21
Q

Custody Management - Risk management

GO - Risk management

Explain the risk management process… (5 dot points plus 2 other)

A 
Establish the context
Identify risk
Analyse risk
Evaluate risk
Treat risk

Unperpinned by a process of

  • communication and consultation and
  • monitoring and reviewing risk.
22
Q

S.4 (1) (a) - (f) Bail Act - eligibility for bail

1) The following persons are eligible for release on bail under this act… (a-f

A

a) A person who has been taken into custody
(i) on a charge of an offence; or
(ii) in the case of a child - on suspicion of having committed an offence;
b) a person who has been convicted of an offence but has not been sentenced for that offence;
c) a person that has been convicted of, and sentenced for, an offence but has not exhausted all rights of an appeal against the conviction or sentence, or to have it reviewed;
d) a person who is appearing before a court for allegedly failing to observe a condition of recognizance;
e) a person who appears before a court in answer to a summons (including person who so appears as a witness)
f) a person who has been arrested on a warrant and is appearing or is to appear before court as a witness;

23
Q

S.17 (1) Bail Act - non-compliance with bail agreement constitutes an offence;

(1) A person who, without….

A

(1) A person who, without reasonable excuse contravenes or fails to comply with a term or condition of a bail agreement, is guilty of an offence.

24
Q

S.18 (2) Bail Act - Arrest of eligible person on non-compliance with bail agreement;

(2) A police officer may arrest…..

A

(2) A police officer may arrest without warrant a person released on bail if he or she has reasonable grounds for believing that the person -
(a) intends to abscond; or
(b) is contravening or failing to comply with a bail agreement;or
(c) has contravened or failed to comply with a bail agreement.

Sapstudy2019 (11 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions