Practice Test - 25 Short Answers

Question 1

Dishonestly - s217 CA1961

Answer 1

In relation to any act means done or omitted without a belief that there was expressed or implied consent to or authority for the act or omission, from a person who is entitled to give such consent or authoirty

Question 2

R v TAISALIKA

Answer 2

The nature of the blow and the gash produced on the complainant’s head would point strongly to the presence of the necessary intent

Question 3

Section 246 (3) CA1961

Answer 3

The act of receiving any property stolen or obtained by any other imprisonable offence is complete as soon as the offender has either exclusively or jointly with the thief, or any other person, possession of or control over the property, or helps in concealing or disposing of the property

Question 4

Section 160(2)(d) CA1961 and two examples of this?

Answer 4

(2) Homicide is culpable when it consists in the killing of any person -
(d) by causing that person by threats, or fear of violence, or by deception to do an act that causes his or her death:
- In fear of being assaulted by the person, jumps out of a window causing his death
- To avoid further attack of the offender, jumps into a river and drowns

Question 5

Section 66(2) CA1961

Answer 5

Where two or more persons form a common intention to prosecute any unlawful purpose and to assist each other therein, each of them is party to every offence committed by any one of them, in the prosecution of the common purpose, if the commission of that offence was known to a probable consequence of the prosecution of the common purpose

Question 6

Difference age makes to a dealing offence?

Answer 6

The difference in age regarding drug offences means that, when the receiver is:
- under 18 years of age, it is illegal to supply or administer, or offer to supply or
administer, a Class C controlled drug to them;
- over 18 years of age, the only offences are to sell, or offer to sell, them a Class C
controlled drug.

Question 7

Section 17 - S and S 2012?

Answer 7

Reasonable grounds to believe that evidence material relating to a 14 year offence is in a vehicle in a public place. May enter and search that vehicle.

Question 8

Section 222(1) CYPF?

Answer 8

(a) a parent or guardian of the child or young person (CYP); or
(b) any adult member of the family, whanau or family group of the CYP; or
(c) any other adult selected by the CYP; or
(d) If the CYP fails or refuses to nominate a person outlined in (a) - (c), any adult (who is not an enforcement officer), nominated for that purpose by an enforcement officer

Question 9

Section 131B CA1961?

Answer 9

Having met or communicated with a person under 16 years of age (the young person) on an earlier occasion, he or she takes one of the following actions -

• intentionally meets with the young person; or
• travels with the intention of meeting the young person; or
• arranges or persuades the young person to travel with the intention of meeting him or her

and at the time of taking the action he or she intends to commit an offence or have the young person commit an offence against this Part or against section 98AA.

Question 10

Section 310 and Case Law?

Answer 10

Everyone who conspires with any person to commit an offence, or to do or omit, in any part of the world, anything of which the doing or omission in NZ would be an offence.

Agreement + Intention = Conspiracy (Mulcahy c R)

A Conspiracy remains in existence until it is ended by completion of its performance, its abandonment, or in any way by which an agreement may be discharged. (R v Sanders)

Question 11

When applying for a surveillance device warrant you must have reasonable grounds to believe what?

Answer 11

That the proposed use of the device will obtain information that is evidential material in respect of the offence

Question 12

Section 235 ingredients?

Answer 12

(a) Robs, any person at the time of or immediately before or immediately after the Robbery causes GBH to any person;
(b) Being together with any other person, robs any person;
(c) Being armed with any offensive weapon, instrument or anything appearing as such weapon or instrument, robs any other person

Question 13

Section 12A(2) MODA1975?

Answer 13

Everyone commits an offence against this Act who has in his or her possession

(a) Any equipment or material that is capable of being used in or for the commission of an offence against section 6(1)(b) or section 9; or
(b) Any precursor substance

With the intention that the equipment, material or substance is to be used in or for the commission of an offence in respect of that provision

Question 14

R v ARCHER

Answer 14

Property may be damaged if it suffers permanent or temporary physical harm, or permanent or temporary impairment to its use or value

Question 15

Section 7(3) Evidence Act?

Answer 15

Evidence is relevant in a proceeding if it has a tendency to prove or disprove anything that is of consequence to the determination of the proceeding

Question 16

Section 209 CA1961 Ingredients?

Answer 16

Unlawfully, takes away or detains, any person, without his or her consent or with his or her consent obtained by duress or fraud -

(a) with intent to hold him or her for ransom or service;
(b) with intent to cause him or her to be confined or imprisoned
(c) with intent to cause him or her to be sent or taken out of NZ

Question 17

Four examples of serious child abuse?

Answer 17

• Sexual abuse
• Serious physical abuse
• Serious willful neglect
• Where the child is a witness to serious family violence

Question 18

ASA categories and time frames?

Answer 18

Acute - with 7 days of the sexual assault

Non-Acute - between 7 days and 6 months of the sexual assault

Historic - After 6 months of the sexual assault

Question 19

Section 13(3) Disclosure Act - Four things to disclose?

Answer 19

• A copy of any statement made by a prosecution witness
• A copy of any brief of evidence that has been prepared in relation to a prosecution witness
• any convictions of of a prosecution witness that are known to the prosecutor, and that may affect the credibility of that witness
• A list of all exhibits that the prosecutor proposes to have introduced as evidence as part of the case for the prosecution

Question 20

What must be considered in an IJIP?

Answer 20

• the safety and well being of the child
• whether any joint visits are required
• initial interview, ethnicity needs
• specialist child interview, interviews of others (offender, family members, witnesses)
• collection of evidence
• referral to a medical practitioner

Question 21

R v STURM?

Answer 21

Stupefy:
To stupefy means to cause an effect on the mind or nervous system of the person that really seriously interferes with that persons mental or physical ability to act in any way which may hinder an intended crime

Facilitate Flight:
It is not necessary under section 191(1)(a) for the prosecution to prove that the intended crime was actually subsequently committed

Question 22

Section 121 Evidence Act?

Answer 22

• Perjury
• False Oaths
• False Statement / declaration
• Treason

Question 23

Section 167 CA1961

Answer 23

(a) if the offender means to cause the death of the person killed; or
(b) if the offender means to cause to the person killed, any bodily injury that is known to the offender to be likely to cause death, and is reckless whether death ensues or not; or
(c) if the offender means to cause death, or, being so reckless as aforesaid, means to cause such bodily injury as aforesaid to one person, and by accident or mistake kills another person, though he or she did not mean to hurt the person killed; or
(d) if the offender, for any unlawful object, does an act that he or she knows is likely to cause death, and thereby kills any person, though he or she may have desired that his or her object should have been effected without hurting any one

Question 24

Define Involuntary Manslaughter?

Answer 24

Covers those types of unlawful killings where death is caused by an unlawful act or gross negligence, these such cases the defendant had no intention to kill or to cause grievous bodily harm

Question 25

Section 237 CA1961?

Answer 25

• With intent to cause to the person against whom the threat is made to act in accordance with the will of the person making the threat; and
• with intent to obtain any benefit or to cause loss to any other person

Question 26

R v GALEY?

Answer 26

Being together involves two or more persons having a common intention to use combined force in the perpetration of the crime, in any event or should circumstances require

Question 27

VSD?

Answer 27

(a) means any electrical, mechanical, electromagnetic, optical or electro-optical, instrument, apparatus, equipment or other device, that is used or capable or being used to observe or to observe and record a private activity; but
(b) does not include spectacles, contact lenses or a similar device that is used to correct sub-normal vision of the user to no better than normal vision

Question 28

Section 45 S and S?

Answer 28

Undertake trespass surveillance, to obtain evidential material in respect of an offence - (similar to s6 S and S)

• 7 years imprisonment
• Specified Arms Act Offences
• Specified Psychoactive Substances Act Offences

Question 29

Section 46 S and S?

Answer 29

Require a Surveillance Device, If -

Recording private activity in the curtilage or private premises by means of a VSD, and the duration of the observation,

for the purposes of a single investigation, or a connected series of investigations, exceeds—

(i) 3 hours in any 24-hour period; or
(ii) 8 hours in total.

FURTHER **
An enforcement officer who wishes to undertake any one or more of the following activities, must obtain a surveillance device warrant:

a) Use of a tracking device, except where the tracking device is installed solely for the purpose of ascertaining whether a thing has been opened, tampered with or in some other way dealt with and the installation of the device does not involve trespass to land or trespass to goods.
b) Observation of private activity in private premises and any recording of that observation by means of a visual surveillance device
c) Use of an interception device to intercept a private communication
d) Use of a surveillance device that involves trespass to land or to trespass to goods
e) Observation of private activity in the curtilage of private premises, and any recording of that observation, if any part of the observation or recording is by means of a visual surveillance device and the duration of the observation for the purposes of a single investigation or a connected series of investigations exceeds – 3 hours in any 24 hour period or 8 hours in total.

Question 30

OC Body Exhibits Responsibilities?

Answer 30

The OC Body is responsible for recording, labelling, packaging, sealing and securing all physical exhibits relating to the body, and all samples taken during the post mortem. All exhibits must be packaged and sealed before leaving the mortuary, and will be accompanied with a scene exhibit schedule.

Question 31

CHIS Rewards?

Answer 31

Handlers and Co-Handlers Must -

• Submit applications for rewards and ancillary expenses
• Avoid creating expectations on the part of the CHIS that may prejudice the Controllers or authorising officers objective assessment of the appropriate level of reward
• Carefully plan for and manage the potential impact that large sums of money may have on a CHIS to avoid the risk of exposure
• Ensure rewards are paid as per policy and the receipt forwarded to OC HSMU

Question 32

Section 30 - VRA?

Answer 32

(1) This section applies if -
(a) the victim is the victim of a specified offence; and
(b) the person accused of the offence, or as the case requires, the offender, applies to a court for release on bail
(2) If this section applies the prosecutor must -
(a) make all reasonable efforts to ascertain any views of the victim about the accuse, or as the case requires, the offender, being released on bail; and
(b) inform the court of any views ascertained under paragraph (a)