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SESSION 2 > PPP125 (general) > Flashcards

PPP125 (general) Flashcards

Law

1
Q

Under S5 of the Liquor act how is intoxication defined

A

• The persons speech, balance, coordination or behaviour is noticeably affected and it is reasonable in the circumstances that this behaviour is the result of consumption of alcohol.

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2
Q

If you wanted to remove somebody from a licensed premises where would your power come from

A

S77(2) Liquor act – Non-voluntary exclusion of persons from licensed premises
• (A) A police officer may turn out of licensed premises any person who is at the time:
• Intoxicated
• Violent
• Quarrelsome
• Disorderly
- (B) the person may cause the licensee to be issued a penalty
o (C) Smoking on premises where is smoke-free
o (D) Who uses or has on possession on licensed premises Drugs

then charge with the appropriate offence

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3
Q

What are the elements to possessing a prohibited drug (S.10 DMT)

A

The accused, had in his/her possession, a prohibited drug

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4
Q

What are the THREE ownership types in relation to possession of drugs

A

Exclusive (sole possession), Joint possession (two or more people that bought it together and share a bag of herb, Defacto (a person accidentally finds the drug without knowledge and knowing its existence but now is in their possession)

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5
Q

How does S.5 of the DMT describe the different types of administering of prohibited drugs

A

Injecting, inhaling, smoking, burning, shelving, ingesting

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6
Q

What is an admixture?

A

• A substance that is contained with the drugs is classified as part of that drug (parsley added to a bag of weed) (Section 4 DMT)

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7
Q

What is the cannabis cautioning scheme about

A
  • Alternative to arrest
  • Police scheme
  • Cannabis only refers to dried leaf, stalk, seeds, heads. Excludes fresh cut leaf (moisture content is greater)
  • 15g
  • Can only be used for S10,11,12 DMT
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8
Q

Cannabis caution acronym - USCANCAUTION

A 
o	U – 15 grams or under
o	S – Sufficient evidence exists
o	C – Consents to a caution / sign caution
o	A – Admit to offence
o	N – No other offence for which brief needs to be submitted
o	C – Cannot request / demand
o	A – Appropriate in the circumstances
o	U – Use for personal
o	T – Two cautions max
o	I – Identification must be confirmed
o	O – Over 18
o	N – No priors (for sex, drugs or violent offences)
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9
Q

what is negligence

A

A breach of a duty owed to a person

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10
Q

what is reasonable forseeability

A

Taking all reasonable steps to avoid an act or omission that might harm another; protect people from risks that are foreseeable

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11
Q

What is legal access

A

Having a lawful right to arrest/detain someone, sufficient evidence exists, an offence has been committed, duty requires a response

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12
Q

What is control

A

Someone who complies with direction to remain, preventing a person from leaving, physically restraining that person

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13
Q

What is custody

A

when control and legal access are combined a person is deemed to be in your custody (legal access + control = custody)

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14
Q

what is arrest

A

A police officer tells a person they are not free to leave

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15
Q

What does part 9 of LEPRA include

A
  • authorises the detention
  • provides for the rights of the person
  • provides for a period of time for investigation (a reasonable time up to 4 hours, if more time is needed a warrant can be applied for another 8 hours)
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16
Q

vulnerable persons under LEPRA

A
  • Physically impaired
  • Aboriginal or Torres Strait Islander
  • Non-English Speaking Background
  • Intellectually impaired
  • Children
    (PANIC)
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17
Q

What are the elements to S11(1) SOA - possess/consume liquor by minor

A
  • The accused
  • Did possess/ consume liquor
  • In a public place
  • Not under supervision of reasonable adult
  • No reasonable excuse
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18
Q

What are the guidelines on power to seize liquor from minor under S 11 (2) SOA

A
  • open liquor may be poured out
  • unopened liquor is to be confiscated and taken to a police station for holding, issue a receipt to the person and advise them that the alcohol will be kept for 24 hours, where it is being held and that a claim can be made for return.
    Police can return confiscated liquor if:
  • established they are over 18 at the time and at time when offence committed
  • Have a reasonable excuse for possession
  • The return is justified
  • Production of receipt
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19
Q

Under S77 LA non-voluntary exclusion, what are reasonable excuses to stay S77 (9)

A

The person;

  • fears for their safety
  • needs transport (cab,bus)
  • Resides in the vicinity
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20
Q

What are the elements to S11 DMT Possess equipment to administer prohibited drug

A
  • The accused
  • Had in His/Her possession
  • Any items of equipment for use in administration of a prohibited drug
    (MUST be able to prove FUTURE USE, present or past use is NOT SUFFICIENT)
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21
Q

What are the elements to self administer S12 DMT

A
  • The accused
  • Administered (includes attempts to)
  • A prohibited drug
  • To themselves
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22
Q

What are the elements of Manufacture prohibited drug S24 DMT

A
  • The accused
  • manufactured (produced KTPI) manufacture of
  • a prohibited drug
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23
Q

What are the elements of Supply prohibited drug S25 DMT

A
  • The accused
  • Supplied or knowingly took part in the supply
  • Of a prohibited drug
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24
Q

What is the rule of 3’s

A
  • 300 gr cannabis leaf
  • 30 gr cannabis resin
  • 3 gr powder
  • 3 or more pills
  • 0.003 tabs (acid)
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25
Q

What is the doctrine of transferred malice

A

If the accused forms the mens rea to assault a person, aims a blow at that person but misses striking a third person, the accused can be convicted of assault on that third person. Relates to like offences

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26
Q

what is the definition of assault

A

an act which intentionally or recklessly causes another to apprehend immediate and unlawful violence

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27
Q

what are the elements of S61 assault

A
  • The accused
  • Assaulted a person
  • Without their consent
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28
Q

What are the legal defences to assault

A 
Blood test, donating blood
Arrest that is lawful
Self defence of another or yourself
Home/property defence
Sport
Medical
Accidental
Consent
Kids, lawful chastisement (S61 AA)
(BASHSMACK)
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29
Q

what is the definition of actual bodily harm

A
  • Includes any hurt or injury calculated to interfere with the health or comfort of the victim.
  • Such hurt or injury need not be permanent, but must be more than merely transient and trifling
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30
Q

What are the elements of S59 assault occasioning actual bodily harm

A
  • The accused
  • assaulted a person
  • Thereby occasioning actual bodily harm
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31
Q

what is the definition of grievous bodily harm

A

• Any bodily injury of a very serious nature

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32
Q

what is the definition of a wound

A
  • An injury involving the breaking or cutting of the interior layer of the skin (dermis), and the breaking of the outer layer (epidermis) is not sufficient
  • The skin must be broken.
  • ‘Skin’ includes the skin inside the mouth, ears, nose, genitals and anus.
  • Use of an instrument is not necessary .
  • A burn is not necessarily a wound
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33
Q

what are the elements of S35 reckless grievous bodily harm or wounding

A
  • The accused
  • wounded or inflicted grievous bodily harm upon a person
  • the act was done recklessly
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34
Q

What are the elements of S60(1) assault police

A
  • The accused
  • Assaulted a police officer
  • In the execution of their duty
35
Q

What are the elements of S60(2) assault police occasioning ABH

A
  • The accused
  • Assaulted a police officer
  • In the execution of their duty
  • Thereby occasioning actual bodily harm
36
Q

What are the elements of S60(3) assault police occasioning GBH

A
  • The accused
  • Assaulted a police officer
  • In the execution of their duty
  • Thereby occasioning grievous bodily harm
37
Q

What are the elements of S 23 Prohibited plant offences DMT

A 
o	A person who
o	Cultivates KTPI
o	Supplies or KTPI
o	Has prohibited plant in his/her possession
is guilty of an offence
38
Q

what are the proofs of S13 crimes (D&PV) act stalk/intimidate

A
  • The accused
  • Stalked or Intimidated a person
  • With intent to cause fear of physical or mental harm
  • (4) prosecution does not need to prove the person alleged to have been stalked or threatened actually feared physical or mental harm (just that it was the offenders intent to cause the fear)
39
Q

What does Section 82 (come in two) of LEPRA relate to in DV offences

A

Entry into dwelling via invitation. • Entry by invitation
• Apparent resident (can be a child)
• B.O.R.G DV has occurred is/ about
• Victim can over-ride if they want you to stay – must be resident

40
Q

what does Section 83 (leave me) relate to in DV offences

A

entry denied, apply for a warrant
• B.O.R.G DV has occurred is/about
• Entry necessary prevent/ investigate and take action

41
Q

what does S85 LEPRA (do the 5) relate to in DV offences

A
  • Prevent further DV
  • Investigate further DV has been committed
  • Arrest (lawful) not for verbals
  • Render aid to anyone (duty of care to everybody)
  • Firearms – enquire as to presence or access to
  • (if told YES to firearms, search and seize)
  • (PIARF)
42
Q

what does S86 LEPRA (eat a twix)

A

firearms search warrant (FIREARM ONLY)
• After enquiring about firearms under S85 if response is NO but you believe on reasonable grounds that there are firearms, police MUST apply for issue of a search warrant. If a warrant is granted police may seize and detain any firearms found

43
Q

what does S87 Relate to (september 11) in DV offences relate to

A

S87 LEPRA – Search for dangerous article
• Search for dangerous implements/ articles
• Used in DV offences

44
Q

under S3 lepra what is a dangerous article

A 
o	Firearm
o	Fuse
o	Spear gun
o	Prohibited weapons
o	ABH (any substance capable of causing)
o	Discharge irritant
o	Explosive detonation
o	(FFSPADE)
45
Q

under S3 lepra what is a dangerous implement

A 
o	Knife
o	Article
o	Made or adapted
o	Injure or menace
o	Laser pointer
o	(KAMIL)
46
Q

Under s11 of crimes (D&PV) act what is a domestic violence offence defined as

A

A Personal Violence Offence committed against a person in a defined Domestic Relationship.
(PVO + Domestic relationship = DVO)

47
Q

under s4 of the crimes (D&PV) act what is a personal violence offence

A
  • Breach AVO
  • Assaults – Common, sexual + murder
  • Damage/ Destroy property
  • Attempts any of the above
  • Stalking/ Intimidation
  • Some firearms offences (93G/93GA)
  • (BADASS)
48
Q

what are the 6 stages in the cycle of violence

A
  • Build Up – Increasing tension, harassment & arguments.
  • Stand-Over – Increase of control/threats, creates/instils fear in victim/s.
  • Explosion – Uses extreme abuse, aggression, violence, property damage & controlling behaviours.
  • Remorse – Justifies/minimises actions, blames victim, demonstrates guilt, may threaten self-harm.
  • Pursuit – Promises won’t happen again, becomes ‘victim’, blames other factors e.g. substance abuse/work pressure.
  • Honeymoon – ‘Courting’ or romantic phase, increases caring/attentive behaviours, manipulative practices.
49
Q

what are the 6 types of abuse

A

• Physical Violence
o Hitting, slapping, punching
• Sexual Violence
o Rape, forced sexual contact, making a person watch porn without consent
• Threats and Intimidation
o Displaying weapons, invoking fear by gestures/looks, threatening to hurt/ take away children/commit suicide/ “out” victim if in same sex relationships
• Emotional, Psychological
o Swearing, name calling/ put downs, humiliation playing mind games, instilling guilt, destroying cultural or religious beliefs, coercing person to do illegal things, shifting responsibility for/making light of abusive behaviour
• Social abuse
o Controlling who a person sees, what they do, where they go, isolating them from family/friends, medical treatment, making all the decisions, enforcing male/female “roles”, treating person as servant, using jealousy to justify actions.
• Economic deprivation
o Depriving person of money/ resources, preventing them from getting/keeping a job, controlling all aspects of family income/assets

50
Q

under S5 of the crimes (D&PV) act how is a domestic relationship defined

A 
•	Marriage
•	Intimate
•	Same house
•	Some long term residential
•	Defacto 
•	Ongoing dependant care
•	Relative
•	Aboriginal Torres Strait Islander
(MISSDORA)
51
Q

What is s11 (5) SOA in possess consume liquor by minors relate to

A

No arrest except for cautioning for this offence

52
Q

What is S11 (5A) SOA in relation to possess consume liquor by minors

A

Get name address and dob from the person

53
Q

What is S11(5B) SOA relate to in possess consume liquor by minors

A

Three offences,

  • refuse to state name and address
  • state false name/ address
  • without reasonable excuse refuse to produce evidence of age
54
Q

under S24 of the gaming and liquor administration act police have the power to enter a licensed premises, what is it for

A

• A police officer has power to enter any premises at any time for determining whether there has been
o Compliance with or
o Contravention of
• The gaming and liquor legislation

55
Q

Under S77(4) of the liquor act what is a person who has been turned out must do

A

(4) If a person in respect of whom an authorised person is, under subsection (2) or (3), entitled to refuse admission to the licensed premises is on the premises, the person must, on being required so to do by an authorised person, leave the premises.

56
Q

What does S40 of the DMT relate to

A

Certain Representations

  • creatine sold as cocaine is deemed to be cocaine. (Only for supply offences)
  • no offence for purchasing the drug
57
Q

What are the three parts in harm minimisation?

A
  • supply reduction
  • demand reduction
  • harm reduction
58
Q

What are the elements of S 94 robbery

A

An intent to steal
The use of violence or fear
Taking from a person or in the presence of the person

59
Q

What are the elements to S546C resist/ hinder police

A
  • The accused
  • Resists or hinders
  • Incites another to assault resist or hinder
  • a member of the police force
  • in the execution of their duty
60
Q

What are the elements of offensive conduct S4 SOA 1988

A
  • The accused
  • Conducted himself/herself
  • In an offensive manner
  • In or near, or within view or hearing from, a public place or school
61
Q

What are the elements of Wilful & obscene exposure S5 SOA 1988

A
  • The accused
  • Wilfully and obscenely
  • Exposed his/her person
  • While in or within view from a public place or school
62
Q

What are the elements of Act of indecency s61N CA

A 
•	Accused
•	Committed an act of indecency
•	With or towards another person.
•	Eg Masturbating in front of a person. 
o	Is the act one, that a reasonable person would consider to be contrary to community standards of decency.
o	It must have some sexual connotation
63
Q

Elements of Indecent Assault S61L CA 1900

A
  • The accused
  • Assaults the victim, and
  • At the time, immediately b4 or after, also
  • Commits an Act of Indecency on or in the presence of the victim.
  • Eg Pushing a person and then exposing their shaft.
  • Grabbing a woman on the breast.
64
Q

Elements of Sexual assaultS61i CA 1900

A
  • The accused had sexual intercourse with the victim; and
  • That sexual intercourse occurred without the consent of the victim; and
  • The accused knew or was reckless to the lack of consent of the victim to the sexual intercourse.
65
Q

What is IROSH

A

• Likely to happen soon, threatening or close at hand and the safety and well being of the child is at significant risk

66
Q

What is s27 C&YPA

A

• Mandatory Reporting

o Reasonable Grounds ROSH

67
Q

Explain S23 C&YPA ROSH

A 
Behaviour
Education
DV
Pre natal
Needs/Negligence
Medical

BEDPANM

68
Q

S43 C&YPA , Explain Powers of removal

A

• Police officer satisfied on reasonable grounds
o (1)(a) child is at immediate risk of physical harm
o (1)(b) an AVO will not suffice
o or
o (2)(a) CHILD in need of care of protection
o (2)(b) child is not subject to supervision or control of a responsible adult
o (2)(c) the child is living in or habitually frequenting a public place
o or
o (3)(a) the child or young person is in need of care of protection
(3)(b) the child or young person
o (i) is or has been recently on any premises where prostitution or acts of child prostitution take place or where persons are used for child abuse material
o (ii) is or has been recently participating in an act of child prostitution in any place or is being or has been recently used for child abuse material in any place,
o the police officer may (without any authority other than that conferred by these subsections) remove the child or young person, or
o (4) enter any premises and search in the premises or any such adjacent place for a child or young person

69
Q

Explain S227 C&YPA

A
  • A person who intentionally takes action that has resulted in or appears likely to result in
  • (a) physical injury or sexual abuse of a child or young person
  • (b) child or young person suffering emotional or physical harm of such kind that the emotional or intellectual development is likely to be significantly damaged
  • (c) the physical development or health of the child or young person being significantly damaged
  • is guilty of an offence
70
Q

What are the two types of AVO’s

A

Apprehended Domestic Violence Orders (ADVO’s) protect people in Domestic relationships

Apprehended Personal Violence Orders (APVO’s) protect people not in domestic relationships (eg neighbours, work colleagues)

ADVOs & APVOs fall under the umbrella term of AVO’s.

AVO’S can be either urgent (Provisional) or non-urgent (Final) orders.

71
Q

When must police apply for AVO’s

A

Domestic Violence Offences

Stalking & Intimidation

Child Abuse

72
Q

Under S27 Crimes D&PV act 2007 when must police apply for a provisional AVO

A

An application MUST be made for a provisional order if:

a police officer investigating the incident concerned suspects or believes that:

(i) a domestic violence offence or stalking/intimidation offence has recently been committed/is imminent/likely to be committed
(ii) an offence under section 227 (Child &YP Abuse) of the Children and Young Persons (Care and Protection) Act 1998, OR

AND

(b) the police officer has good reason to believe an order needs to be made immediately to ensure the safety and protection of the person who would be protected by the order or to prevent substantial damage to any property of that person.

73
Q

How long is the duration of Provisional AVO’s under S32 of the Crimes D&PV act

A

A provisional order remains in force until midnight on the twenty-eighth day after the order is made unless sooner revoked by the Court.
(A Court hearing will normally occur within those 28 days).

74
Q

Under s89 Crimes D&PV act 2007 what to police have the power to do when applying for a provisional AVO

A

If a police officer makes or is about to make an application for a provisional order, the police officer may direct the person against whom the order is sought to remain at the scene of the incident concerned or, in a case where the person has left the scene of the incident, at another place where a police officer locates the person.

IF THE PERSON REFUSES TO REMAIN MAY ARREST AND DETAIN AT SCENE OR ARREST AND TAKE TO POLICE STATION UNTIL PROVISIONAL ORDER IS MADE & SERVED
75
Q

when must police apply for non-urgent AVO’s under S49 crimes D&PV act 2007

A

An application for an order MUST be made if:
a police officer investigating the incident concerned suspects or believes that:
- a domestic violence offence or stalking/intimidation has been committed
-) an offence under section 227 (Child &YP Abuse)

76
Q

What is the power to detain a defendant for the service of an AVO

A

S90 crimes D&PV act

-A police officer who reasonably suspects that a person is the defendant in relation to an AVO may direct the person to remain where the person is for the purpose only of serving on the person a copy of the order, or a variation of the order, that is required to be served personally under this Act.

IF THE PERSON REFUSES TO REMAIN MAY ARREST AND DETAIN AT THAT PLACE OR ARREST AND TAKE TO POLICE STATION AND DETAIN THERE FOR THE PURPOSE OF SERVING THE ORDER.
77
Q

S14 Crimes D&PV act

A

Breach AVO

-A person who knowingly contravenes a
prohibition or restriction specified in an order
made against the person is guilty of an
offence

(arrest power S99 LEPRA)

78
Q

In sexual assaults what is the responsibilities of the 1st response officer

A 
Duty officer
Respectful, professional 
Safety of victim
Privacy of victim
Eat, drink, wash, smoke (advise against)
Notebook
Identify and preserve crime scene
Sexual assault service hospital (SAIK)

DRSPENIS

79
Q

What is the definition of consent under S61HA

A
  • A person “consents” to sexual intercourse if the person freely and voluntarily agrees to the sexual intercourse.
80
Q

What is the definition of sexual intercourse under S61H

A
  • penetration of vagina or anus
  • any object manipulated by another person
  • fellatio
  • cunnilingus
  • continuation of any of the above after consent is withdrawn
81
Q

What are some circumstances of negation of consent under S61HA

A

61 HA(4) A person does not consent to sexual intercourse:

(a) if the person does not have the capacity to consent to the sexual intercourse, including because of age or cognitive incapacity, or
(b) if the person does not have the opportunity to consent to the sexual intercourse because the person is unconscious or asleep, or
(c) if the person consents to the sexual intercourse because of threats of force or terror (whether the threats are against, or the terror is instilled in, that person or any other person), or
(d) if the person consents to the sexual intercourse because the person is unlawfully detained.

82
Q

When is consent negated under mistaken belief under S61HA(5)

A

(5) A person who consents to sexual intercourse with another person:
(a) under a mistaken belief as to the identity of the other person, or
(b) under a mistaken belief that the other person is married to the person, or
(c) under a mistaken belief that the sexual intercourse is for medical or hygienic purposes (or under any other mistaken belief about the nature of the act induced by fraudulent means),
does not consent to the sexual intercourse. (is negated automatically)

83
Q

What is S61HA(7) in relation to consent

A
  • If a person does not resist it does not mean that they are consenting

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