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Sapstudy2019 > P3 SG7 > Flashcards

P3 SG7 Flashcards

1
Q

S.168 CLCA - Serious Criminal Trespass and offences to this section

A person commits a SCT….

The offences to this section are… (1,2,3)

A

A person commits a serious criminal trespass if the person enters or remains in a place (other than a place that is open to the public) for the purpose of committing an offence to which this section applies.

Offences to which this these sections apply

  • Theft, or an offence of which theft is an element (of any value)
  • an offence against a person
  • an offence involving interference with, damage to, or destruction of, property - punishable by imprisonment for 3 years or more (over $2500)
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2
Q

S.169 CLCA - Serious Criminal Trespass (non-residential buildings)

A person who….

A

A person who commits a serious criminal trespass in a non-residential building IGOO.

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3
Q

What does a non-residential building mean?

A

A building or part of a building that is not a place of residence.

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4
Q

S.170 CLCA - Serious Criminal Trespass (places of residence)

A person who…

A

A person who commits a serious criminal trespass in a place of residence IGOO.

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5
Q

S.170 (2) CLCA - Aggravated Serious Criminal Trespass

A person who

A

A person who commits a serious criminal trespass in a place of residence is guilty of an aggravated offence if -

  • any of the factors that generally give rise to aggravation of an offence are applicable.
  • another person is lawfully present in the place of residence when the offence is committed and the offender knows of the other’s presence or is reckless about whether anyone is in the place.
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6
Q

Place of residence means?

A

A building, structure, vehicle or vessel, or part of a building, structure, vehicle or vessel, used as a place of residence

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7
Q

S.167 CLCA - Sacrilege

A person who breaks….

A

A person who breaks and enters a place of divine worship and commits an offence to which this section applies in that place; or breaks out of a place of divine worship after committing an offence to which this section applies in that place, is guilty of sacrilege.

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8
Q

S.170A CLCA - Criminal Trespass (places of residence)

A person who trespasses…

A

A person who trespasses in a place of residence is guilty of an offence if another person is lawfully present in the place and the person knows of the other’s presence or is reckless about whether anyone is in the place.

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9
Q

S.270D - (1) CLCA Going Equipped for an offence against the person. (1,2,a,b)

the CLCA states:
(1) A person who

(2) maximum penalty.. (a,b)

A

(1) A person who is armed, at night, with a dangerous or offensive weapon, intending to use the weapon to commit an offence against the person IGOO.
(2) The maximum penalty for an offence against this section is -
(a) if the offender has previously been convicted of an offence against the person or an offence against this section (or a correspond previous enactment) - imprisonment for 10 years.
(b) in any other case 7 years imprisonment

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10
Q

List the elements of Going equipped…

A
  1. Establish the identity of the accused
  2. The accused was armed with a dangerous or offensive weapon
  3. at night (9pm - 6am)
  4. intending to use the weapon to commit an offence against the person.
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11
Q

S.137 CLCA - Robbery

A person who commits theft is guilty of robbery if the person - ….

A

A person who commits theft is guilty of robbery if the person -

  • uses force, or threatens to use force, against another in order to commit the theft; or
  • uses force, or threatens to use force, against another in order to escape from the scene of the offence; and

The force is used, or the threat is made, at the time of, or immediately before or after, the theft.

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12
Q

Firearms act definition

S.4 of the Firearm states:

A ‘firearm’ means

A

Means a device -

  • designed to fire bullets, shot or other projectiles by means of burning propellant or by means of compressed air or other compressed gas; or
  • of a kind declared by the regulations to be a firearm,

and includes a receiver of a firearm and any device or devices which (whether or not rendered temporarily or permanently unusable) would, if in working order, or if assembled and in working order, be a firearm within the meaning of this definition but does not include -

 - an antique firearm
 - a device of a kind declared by the regulations not 
   to be a firearm
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13
Q

Firearms Act - Fit and Proper Person

list the reasons person may be taken to not be a fit and proper person to have possession of a firearm…

A
  • Is subject to a Firearms Prohibition Order or similar order in any other State or Territory.
  • Has not complied with Act regarding safe handling, use, storage or transport.
  • Has been found guilty of an offence prescribed by regulation.
  • Has failed to comply with a requirement made under section 53.
  • Is prohibited from possessing or using any firearm by an order of a Court (SA or any other state or territory)
  • has been found guilty of an offence involving actual or threatened violence in this state or any other state or country.
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14
Q

S.55 Firearms Act. - power of police to require information (1) (2) and (3)

(1) a police officer may require a person who the police officer…..
(2) Without limiting the operation of subsection 1 a police officer may require…
(3) Subsection 2 applies -…

A person is guilty of an offence if the person fails or refuses, without reasonable excuse, to -

A

a police officer may require a person who the police officer suspects on reasonable grounds has knowledge of matters in respect of which information is reasonably required for the administration or enforcement of this Act to answer questions in relation to those matters to state the persons full name, date of birth and usual place of residence and to produce evidence of the persons identity.

(2) a police officer may require a person who the officer reasonably suspects this susbesction applies -
- to state their full name, address and date of birth. and
- to state whether they are the owner of the firearm or firearm related item and, if not, to state the name of the owner of the firearm or firearm related item; and

  • to answer questions relating to the firearm or firearm related item or to other persons who have, or have had, possession of the firearm or firearm related item;
    or
  • require that person to produce evidence to verify information given in response to a requirement under this section

TO THE OWNER of a firearm or firearm realted item to answer questions relating to -

  • the where abouts of the firearm or firearm related item; or
  • the person or persons who have, or have had, possession of the firearm or firearm related item

(3) subsection 2 applies -
- to a person who has, or recently has had, in his or her possession a firearm or firearm related item;
- to a person who is in the company of a person who has, or recently has had, in his or her possession a firearm or firearm related item;
- to a person who is an occupier or in charge of premises or a vehicle, vessel or aircraft on or in which a firearm or firearm related item is found;
- to a person who is or was on or in any premises, vehicle, vessel, aircraft ( other than those places open to which public are admitted) at the time or immediately before a firearm or firearm related item is found on or in the premises, vehicle, vessel or aircraft.

A person is guilty of an offence if the person fails or refuses, without reasonable excuse, to -

 (a) comply with requirements under this section, or,
 (b) answer a question put by a police officer to the best of his or her knowledge, information and belief.

max penalty 4 years or 20,000

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15
Q

S.57 (7) Firearms Act - Stop, Search and detain for firearms

A police officer may…

A

A police officer may stop, detain and search or detain and search:

  • any vehicle, vessel or aircraft on which the member suspects on reasonable grounds that there is a firearm or ammunition, or a firearm part, sound moderator, prohibited firearm accessory, restricted firearm mechanism or licence liable to seizure under this section; or,
  • any person who the police officer suspects on reasonable grounds has possession of a firearm or ammunition, firearm related item, sound moderator prohibited firearm accessory or restricted firearm mechanism or licence liable to seizure under this section
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16
Q

S.57 (9) Firearms Act - Enter and search premises

A police officer may…

A

A police officer may enter and search any premises in which the police officer suspects on reasonable grounds:

  • there is a firearm or ammunition, or a firearm part, sound moderator, prohibited firearm accessory, restricted firearm mechanism or licence liable to seizure under this section;
  • a firearm is kept contrary to the security requirements of this act
17
Q

S.57 (13) Firearms Act - Break, enter and search for firearms.

A police officer may, with such assistance as he or she considers appropriate….

A

A police officer may, with such assistance as he or she considers appropriate, use such force as is reasonably necessary to :

  • break into any premises, vehicle, vessel or aircraft in order to gain entry or conduct a search under this section;
  • if reasonably necessary for the purpose of conducting a search, break into or open anything in or on the premises, vehicle, vessel or aircraft.
18
Q

S.57 (2) Firearms Act - Firearms liable for seizure

A police officer may seize a firearm if they…

A

A police officer may seize a firearm if they suspect upon reasonable grounds that:

  • A firearm is unregistered
  • A firearm has been forfeited to the crown by order of a court; or
  • A firearm is mechanically unsafe
  • A person who has possession of a firearm is not a fit and proper person
  • a person has possession of a firearm in contravention of an order of a court of this state or any other state or territory of the commonwealth
  • a person has possession of a firearm in contravention of an intervention order
  • the holder of a firearms licence authorising use of a firearm can no longer use the firearm for the purpose authorised under the licence
19
Q

Firearms storage

Classes Storage requirements

<20 cat A&B….

A

Classes Storage requirements

<20 cat A&B principl res - lvl 1 safe 2mm
wall and door, outbuilding
lvl2 (3mm wall and door)
prescribed safe - written
approval from registrars office

<20 but atleast 1 C,D,H lvl 2 safe or presc safe

20-34 firearms lvl 2 safe w/ cctv or alarm
(not more than 29 H)

35-49 any, not more than 29H lvl 2 , CCTV & alarm

50 or more firearms and or Strongroom, CCTV
more than 30 H and alarm

20
Q

Ammunition storage?

A

Ammunition must be stored in a lockable container seperately from firearms

21
Q

S.44 Firearms act - Firearms prohibition order

The registrar may issue a FPO against a person if satisfied that -

A

The registrar may issue a FPO against a person if satisfied that -

  • Possession of a firearm by the person would likely result in undue danger to life or property; or
  • The person is not a fit or proper person to possess a firearm; and
  • It is in the public interest that a FPO should apply to the person.
    OR
  • The person has been or is a member of, or a participant in, a criminal organisation,
  • Is the subject of a control order under the serious and organised crime Act
22
Q

S.57 (11) and (12) Firearms Act - FPO Authorities

Where a police officer suspects on reasonable grounds a person is subject to a FPO

A

Where a police officer suspects on reasonable grounds a person is subject to a FPO, the officer may, as reasonably required for the purpose of ensuring compliance with a FPO issued by the registrar or to which a person is subject by order of a court;

  • Detain and search the person for any firearm or ammunition firearm part, sound moderator, licence liable to seizure under this section; and,
  • Stop, search and detain;
    a vehicle, vessel, or aircraft which a person with a FPO is in charge of
    any private vehicle, vessel or aircraft of which a person with a FPO is or was a passenger
  • enter and search a premises;
    that is occupied by a person with a FPO or is under the care, control or management of that person;
    that are a private premises in which a person with a FPO is or was present, and search for any firearm or ammunition, firearm part, sound moderator or licence liable to seizure under this section.

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