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SESSION 1 > PPP115 > Flashcards

PPP115 Flashcards

PPP115

1
Q

What are proximate causes of crime

A

those that immediately precede criminal behaviour, eg alcohol or substance abuse, peer pressure

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2
Q

What are distal causes of crime

A

are more remote/ influenced over time eg poor parenting

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3
Q

Who are the 5 groups at risk of coming to police notice and what is the acronym

A

Mentally Ill, Indigenous, Demonstrators, Drug/ Alcohol affected, Youth ( MIDDY )

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4
Q

What are the 6 factors that contribute to criminal activity

A

Family factors, Substance abuse, Truancy, Unemployment, Delinquent Peers, School performance/ intelligence (FSTUDS)

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5
Q

What are Whites 3 aspects of police and youth

A

Social background of the young person, Constriction of social space, Political pressures placed on police

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6
Q

Define Culture

A

A group of people who have similar interests or are similar in faith and race and form groups in society

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7
Q

What are 5 examples of Negative Police Culture

A

Abusing power, Bullying, Corruption, Racism and Sexism, Siege Mentality (them vs us)

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8
Q

Define Discretion

A

A police officer’s ability to exercise personal judgement

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9
Q

What are the implications of negative police culture

A

Racist culture, Sexist culture, Misconduct and Corruption

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10
Q

Define ‘Risk’

A

Someone or something that creates or suggests a hazard

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11
Q

Define ‘Vulnerability’

A

Someone who is defenceless in front of potential risks

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12
Q

What is the difference between the mentally ill and intellectual disability

A

Intellectual disability is an impairment of learning abilities and/or incurable brain function whereas mental illness is related to distortion of thinking, often related to emotional issues. Intellectually disabled persons are born with the condition, mental illness sometimes develops in late adolescence/ adult life.

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13
Q

Why are the elderly classed as a vulnerable population

A

The elderly are frail, weak and are unable to defend themselves

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14
Q

Who does LEPRA define as Vulnerable persons

A

A child, a person who has impaired intellectual functioning, an Aboriginal or Torres Strait Islander, A person who has impaired physical functioning and a person from a culturally diverse background

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15
Q

How does the fact that a person suffering from intellectual disability or mental illness impact on their legal vulnerability

A

A person who suffers from intellectual disability is covered under LEPRA as a Vulnerable person whereas a person who is suffering from a mental illness is not, and instead is covered under the Mental Health Act

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16
Q

What is your understanding of peels principals

A

having integrity and discretion, having no bias and being ethical and a believer in community-police relations

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17
Q

What is the main role of police in the community

A

Community protection/ interaction, maintaining and enforcing social order, preventing and detecting crime, primary responders, state agency, wider social service, keep the peace

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18
Q

What is the difference between social vulnerability and legal vulnerability

A

Legal vulnerability is covered under LEPRA (intellectually disabled) as opposed to another group which is not covered under this act

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19
Q

What are the 5 steps for custody of care for aboriginal people

A

Search for anything dangerous, complete the field arrest form, contact your nearest aboriginal legal service (ALS), ask them if there is you can do anything for them and record when you handed them over. (SCCAR)

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20
Q

What is S18 of the mental health act

A

18 When a person may be detained in mental health facility:

(1) A person may be detained in a declared mental health facility in the following circumstances:
(a) on a mental health certificate given by a medical practitioner or accredited person (see section 19),
(b) after being brought to the facility by an ambulance officer (see section 20),
(c) after being apprehended by a police officer (see section 22)

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21
Q

What is S22 of the mental health act

A

(1) A police officer who, in any place, finds a person who appears to be mentally ill or mentally disturbed may apprehend the person and take the person to a declared mental health facility if the officer believes on reasonable grounds that:
(a) the person is committing or has recently committed an offence or that the person has recently attempted to kill himself or herself or that it is probable that the person will attempt to kill himself or herself or any other person or attempt to cause serious physical harm to himself or herself or any other person, and
(b) it would be beneficial to the person’s welfare to be dealt with in accordance with this Act, rather than otherwise in accordance with law.
(2) A police officer may apprehend a person under this section without a warrant and may exercise any powers conferred by section 81 on a person who is authorised under that section to take a person to a mental health facility or another health facility.

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22
Q

What is S81 of the mental health act

A

transport & search of mentally ill patients, and gives police power to use reasonable force and restrain the person any way necessary

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23
Q

what is conditional deviance

A

it is something in which a person changes about themselves (excessive tattoos, piercings, transgender)

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24
Q

what is ascribed deviance

A

it is a condition which a person is born with and has no control over

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25
Q

4 measures in which could enhance the relationship between authority figures and young people

A

communicate directly with young people, establishing connection with young people, adopt attitude of conciliation, respect the dignity and rights of young person

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26
Q

what is section 4 of the summary offences act

A

offensive conduct. a person conducted him/herself in an offensive manner in or near view or hearing from a public school (WHOD the reasonable person)

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27
Q

what is section 4a of the summary offences act

A

offensive language. A person must not use offensive language in or near, or within hearing from, a public place or a school

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28
Q

what is section 5 of the summary offences act

A

obscene exposure. A person shall not, in or within view from a public place or a school, wilfully and obscenely expose his or her person. (cock balls and sheets)

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29
Q

what is section 6 of the summary offences act

A

obstruction of traffic. A person shall not, without reasonable excuse (proof of which lies on the person), wilfully prevent, in any manner, the free passage of a person, vehicle or vessel in a public place.

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30
Q

what is WHOD

A

wound hurt offend disgust a reasonable person

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31
Q

what is section 11a of the summary offences act

A

violent disorder. (1) If 3 or more persons who are present together use or threaten unlawful violence and the conduct of them (taken together) 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 or threatening unlawful violence is guilty of an offence.

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32
Q

what is section 11b of the summary offences act

A

custody of offensive implement. (1) A person shall not, without reasonable excuse (proof of which lies on the person), have in his or her custody an offensive implement in a public place or a school.

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33
Q

what is section 11 of the summary offences act

A

possession of liquor by minors. 1) A person under the age of 18 years is guilty of an offence if the person possesses or consumes any liquor in a public place

34
Q

what is section 11c of the summary offences act

A

custody of knife in public place or school.
1) A person must not, without reasonable excuse (proof of which lies on the person), have in his or her custody a knife in a public place or a school.

35
Q

what is section 11d of the summary offences act

A

parents who allow children to carry knives.
(1) The parent of a child, being a child:
(a) who is under the age of 18 years, and
(b) who commits an offence against section 11C,
is guilty of an offence if the parent knowingly authorised or permitted the child to commit the offence.

36
Q

what is section 11e of the summary offences act

A

wielding of knives in public place or school.
a person without reasonable excuse in the presence of any person in a public place or a school in a manner that would be likely to cause a person of reasonable firmness present at the scene to fear for his or her personal safety is guilty of an offence

37
Q

what is section 11f of the summary offences act

A

sale of knives to children.

(1) A person who sells a knife to a child under the age of 16 years is guilty of an offence.

38
Q

what is section 4 of the graffiti control act 2008

A

4 Damaging or defacing property by means of graffiti implement

(1) A person must not, without reasonable excuse (proof of which lies on the person), intentionally damage or deface any premises or other property by means of any graffiti implement.

39
Q

what is section 5 of the graffiti control act 2008

A

5 Possession of graffiti implement

(1) A person must not have any graffiti implement in the person’s possession with the intention that it be used to damage or deface premises or other property.

40
Q

what is section 7 of the graffiti control act 2008

A

7 Sale of spray paint cans to persons under 18

(1) A person who sells a spray paint can to a person under the age of 18 years is guilty of an offence.
(2) It is a defence (proof of which lies on the person selling the spray paint can) to a prosecution for an offence under this section that the person selling the spray paint can believed on reasonable grounds that the person to whom the spray paint can was sold was of or above the age of 18 years.

41
Q

section 15 of the mental health act defines a mentally disordered person as ?

A

A person (whether or not the person is suffering from mental illness) is a mentally disordered person if the person’s behaviour for the time being is so irrational as to justify a conclusion on reasonable grounds that temporary care, treatment or control of the person is necessary:

(a) for the person’s own protection from serious physical harm, or
(b) for the protection of others from serious physical harm.

42
Q

what is section 19 of the mental health act

A

19 Detention on certificate of medical practitioner or accredited person.
(1) A person may be taken to and detained in a declared mental health facility on the basis of a certificate about the person’s condition issued by a medical practitioner or accredited person. The certificate is to be in the form set out in Part 1 of Schedule 1.

43
Q

what is section 81 (1) of the mental health act

A

(1) The persons listed below may take to or from a mental health facility or another health facility any person who is authorised by this Act to be taken, or transferred, to or from the facility:
(a) a member of staff of the NSW Health Service,
(b) an ambulance officer,
(c) a police officer,
(d) a person prescribed by the regulations.

44
Q

what is section 81 (2) of the mental health act

A

(2) A person authorised by this Act to take a person to or from a mental health facility or other health facility may:
(a) use reasonable force in exercising functions under this section or any other provision of this Act applying this section, and
(b) restrain the person in any way that is reasonably necessary in the circumstances.

45
Q

what is section 81 (3) of the mental health act

A

(3) A person may be sedated, by a person authorised by law to administer the sedative, for the purpose of being taken to or from a mental health facility or other health facility under this Act if it is necessary to do so to enable the person to be taken safely to or from the facility.

46
Q

what is section 81 (4) of the mental health act

A

(4) A person authorised by this Act to take a person to or from a mental health facility or other health facility may carry out a frisk search or an ordinary search of the person, if the person reasonably suspects that the other person is carrying anything:
(a) that would present a danger to the person or any other person, or
(b) that could be used to assist the other person to escape from the person’s custody.

47
Q

what is section 81 (5) of the mental health act

A

(5) The person may seize and detain a thing found in a search if it is a thing of a kind referred to in subsection (4) (a) or (b).

48
Q

what is section 4 under the summary offences regulation 2010

A

S4. Reasons for seizure

(1) When seizing liquor under section 11 of the Act, a police officer must give reasons for the seizure.
(2) For that purpose, the police officer must tell the person from whom the liquor is seized that the police officer suspects that the person:
(a) is under the age of 18 years, and
(b) is not under the supervision of a responsible adult, and
(c) does not have a reasonable excuse for possessing the liquor.

49
Q

what is section 5 under the summary offences regulation 2010

A

s5 Disposal of seized liquor

(1) Seized liquor may be disposed of when seized if:
(a) at the time of seizure it is in a container which is unsealed or from which part of the contents have been removed, or
(b) it is, or is likely soon to become, unfit for human consumption.
(2) Seized liquor must not be disposed of at the time of seizure if the quantity or value of the liquor, or any other circumstance of the case, makes disposal unreasonable or undesirable.
(3) Disposal must be by a method that ensures that the liquor disposed of does not remain or become available for consumption by any person.

50
Q

what is section 6 of the summary offences regulation 2010

A

6 Information as to custody of seized liquor

(1) This clause applies only if seized liquor is not to be disposed of at the time of seizure.
(2) At the time of seizure, the police officer concerned must inform the person from whom the liquor is seized:
(a) that the liquor will be taken to a specified police station and kept there for at least 24 hours, and
(b) that a claim for return of the liquor may be made at that police station.
(3) A receipt specifying details of the seized liquor must be issued to that person:
(a) at the time of seizure, by the police officer concerned, or
(b) at the time the liquor is taken to a police station, by any police officer there.

51
Q

What is the common law definition of larceny

A

larceny is committed by a person who with out the consent of the owner, fraudulently and without claim of right made in good faith, takes and carries away anything capable of being stolen with intent at the time of the taking to permanently deprive the owner

52
Q

What act and section in legislation refers to larceny

A

Section 117 of the NSW crimes act 1900 provides penalties for larceny

53
Q

What are the 6 elements of larceny

A

the accused, took/carried away property belonging to another, without consent, without legal claim of right, fraudulently, intent to permanently deprive

54
Q

Is a car that is stolen covered under larceny at common law? What section and what are the elements

A

Yes a motor vehicle is subject to larceny at common law covered under S154F crimes act 1900- Stealing motor vehicle or vessel. The elements are;
the accused
stole (6 elements of larceny) a motor car or vessel,
must prove fradulently

55
Q

If tyler was to go for a joy ride in brandons brand new turbocharged tiida without consent what offence would be committed

A

Taking conveyance without consent - S154A crimes act 1900.
The accused, without consent, took & drove conveyance, includes taking for driving, secreting or drive or be carried in/on conveyance knowing it has been taken without consent

56
Q

What makes up the value in larceny

A

Tangible and the value

57
Q

Can claim of right be a moral claim in relation to larceny

A

the honest belief that the person has the legal right to take the goods. the belief can be a mistake but must be genuinely held - subjective test.

(must be a legal right not a moral right)

58
Q

What is asportation

A

the movement of a “thing”. Even a slight movement from its original place can be considered as carrying away

59
Q

if tyler stole 2 boxes of fluid away and then decided to return both as they were not extra strength would this count as a defence of larceny

A

no, tyler just needs to take the normal fluid away and hope that the bloatedness goes away

60
Q

what is the doctrine of recent posession

A

someone has something you reasonably suspect stolen, you conclude from the facts that the offender stole the property. You need to look at the time since offence, where you found them, and the item they are carrying

61
Q

why does statue law create larceny offences

A

because common law larceny does not cover every instance of people taking something from another. Statue law has created larceny offences to stop loopholes

62
Q

what is the difference between larceny as a clerk and embezzlement

A

the difference between them is that larceny as a clerk or servant is after the till (property of the owner/company) and embezzlement is before the till (not yet in the system of the company, in transit)

63
Q

what is fraudulent appropriation

A

is where a person takes property for use with intention to borrow or return but then decides to keep it as his/her own.

A MATTER FOR THE COURT TO DECIDE, POLICE CANNOT CHARGE THIS OFFENCE

64
Q

Does a person intend to get property back if the offence is obtain benefit/fraud by deception

A

no, the person gives property and does not expect it back (false red cross donations)

65
Q

what are the elements of make false document

A

section 253

the accused, made a false document, intend to induce victim as genuine

66
Q

what are the elements of use false document

A

section 254

the accused, used a false document, intent to induce victim to accept it as genuine

67
Q

what is the difference between steal a motor vehicle and taking conveyance without consent?

A

with steal a motor vehicle you have the the elements of larceny with addition it must be a vehicle, with taking conveyance you do not need to prove the intention to permanently deprive

68
Q

what are the elements of persons unlawfully in possession of property under S527c Crimes act

A

(1) the accused either, (a) had anything in his custody,(b) had anything in the custody of another or, (c) had anything in or on premises whether belonging to or occupied by the accused,(d) gave custody of anything to any person who was not lawfully entitled to possession, which thing may be reasonably suspected of being stolen or unlawfully obtained

69
Q

what is the statutory defence to the charge of goods in custody and the standard of proof required

A

balance of probabilities, the defence had no reasonable grounds to suspect that the thing was stolen or unlawfully obtained

70
Q

Goods in custody is what type of offence and what is the statue of limitation

A

summary offence, statue of limitation is 6 months however motor vehicles have 24 months to prosecute

71
Q

for the offence of goods in custody what is the focus on

A

the property itself

72
Q

what are the elements of receiving

A

the accused, received, disposed of or attempted to dispose of, stolen property, the stealing was a serious/minor indictable offence, the accused knew the property was stolen at the time they received, disposed of or attempted to dispose of it

73
Q

what are the elements of receiving S188 crimes act

A

the accused, received, disposed of or attempted to dispose of, stolen property, the stealing was a serious/minor indictable offence, the accused knew the property was stolen at the time they received, disposed of or attempted to dispose of it

74
Q

what is section 156 Crimes act

A

Larceny as clerk or servant. The accused, clerk or servant, stole (6 elements of larceny must be established) property, property belonged to the accused’s master or employer

75
Q

what is section 157 crimes act

A

Embezzlement. The accused, clerk or servant of victim, received property on behalf of employer, fraudulently embezzled that property

76
Q

what are the elements of S125 larceny as bailee

A

the accused, possessed property as a bailee, took or converted property to their own use or the use of another, acted fraudulently

77
Q

what are the elements of S192E Fraud

A

the accused, used a deception, dishonestly obtained property or financial advantage or cause financial disadvantage

78
Q

what are the elements of Section 112 Crimes act- break enter and commit SIO

A

breaking by the accused, entering by the accused, into any house or other building, the commission of a serious indictable offence, (add the elements of the SIO eg elements of larceny)

79
Q

what are some examples of actual breaking

A

smashing a door or window open. opening a window that is closed or a door (does not need to be locked), remove tiles from the roof and kick a hole in the ceiling

80
Q

what are some examples of constructive breaking

A

key, fraud, conspiracy, threat

81
Q

what are the elements of section 148 crimes act Steals in a dwelling house

A

the accused, stole (elements of larceny), in a dwelling house

82
Q

what do section 112 (2) and 112 (3) relate to in terms of break enter and commit SIO

A

(2) circumstances of aggravation. (3) circumstances of special aggravation

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