PPP-149 LAW Flashcards
What are the 4 elements for Break & Enter?
- The accused
- Breaks
- Enters
- House or Dwelling
What are the elements of Assault?
1.The accused
2. Assaulted
3. Intentionally or recklessly
4. Without lawful excuse
5. A person
What are the 4 elements for receiving?
- the accused
- receives, disposes of, or attempts to dispose of stolen property
- the stealing amounts to a serious indictable offence (SIO)
- the accused knew the property was stolen at the time they received, disposed of, or attempted to dispose of it
What are the 4 elements for goods in custody?
- has any thing in his or her custody,
- has any thing in the custody of another person,
- has any thing in or on-premises, whether belonging to or occupied by himself or herself or not, or whether that thing is there for his or her own use or the use of another, or
- gives custody of any thing to a person who is not lawfully entitled to possession of the thing, which thing may be reasonably suspected of being stolen or otherwise unlawfully obtained
What are the 4 Types of AVO?
- Provisional
- Interim
- Non-Urgent
- Final
What is the difference between ADVOs and APVOs?
- Apprehended Domestic Violence Orders (ADVOs) protect people in domestic relationships.
- Apprehended Personal Violence Orders (APVOs) protect people, not in domestic relationships (for example neighbours, work colleagues).
What are the phases of the Cycle of Violence?
- Build Up
- Stand Over
- Explosion
- Remorse
- Pursuit
- Honeymoon
You arrive to the scene where a Domestic Assault has occurred. The victim grants you entry, however when inside the POI tells you to leave and influences the victim to also tell you to leave.
- What legal power allows you to stay?
LEPRA - SECTION 83 SUB SECTION 3
- A police officer may exercise a power to enter and remain in a dwelling if the invitation to enter and remain is given by a person who apparently resides in the dwelling and whom the police officer believes to be the victim of a domestic violence offence, even if another occupier of the dwelling expressly refuses authority to the police officer to do so.
Define Affray
- A person who uses or threatens unlawful violence towards another and whose conduct is such as would cause a person of reasonable firmness present at the scene to fear for his or her personal safety is guilty of affray and liable to imprisonment for 10 years.
What are the defences to Assault?
- Self Defence
- Accidental Use Of Force
- Medical Procedures
- Defence of Lawful Correction
- Forensic procedures
- Defence Of Family
- Defence of home or property
- Lawful arrest or execution of process
When can we issue a move on direction?
(C.H.O.P.S)
C - causing Fear or likely to cause fear
H - Harassment / intimidation
O - Obstructing another person or traffic
P - Procuring Drug
S - Supplying Drugs
What are the elements of Offensive Conduct?
- The accused
- Conducted him/herself in an offensive manner
- In or near, or within view or hearing from a public place or a school
What are the elements of Offensive Language?
- The accused
- Used Offensive language
- In or near, or within hearing from, a public place or a school
(To be offensive language WORDS ALONE must be spoken)
What are the elements of Obscene Exposure?
- The accused
- Wilfully and obscenely expose his or her person
- In or near, or within view from a public place or school
Define a Public Place
- a place (whether or not covered by water), or
- a part of premises,
X - Open to the public or used by the public
X - Whether or not on payment of money or other consideration
X- Place or part is ordinarily so open or used
X - Consists only of a limited class of people
X - Not a school
Define Riot
Where 12 or more persons who are present together use or threaten unlawful violence for a common purpose and the conduct of them is such as would cause a person of reasonable firmness present at the scene to fear for his or her personal safety, each of the persons using unlawful violence for the common purpose is guilty of riot and liable to imprisonment for 15 years.
