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5. Prereqmock - 1/2014 > PRE REQ - Dec 2014 and March 2015 > Flashcards

PRE REQ - Dec 2014 and March 2015 Flashcards

1
Q

2 people in an abandoned house set fire and throw an aerosol can on fire. The house gets so badly damaged it needs to be demolished.

What is the offence?

A 
Arson
Section 267(1)(b)
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2
Q

A guy is broke, he used to get a discount at a takeways if he had his overalls on. He wasn’t working for that company anymore but he decided to get into the overalls and get a discount.

What is the offence?

A 
Obtain by Deception
Section 240(1)(a)
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3
Q

A man commits a robbery and tells his ‘girlfriend’ about it, she does not want him to go back to jail so she bags up his clothes and puts them in a clothing bin.

What is the offence?

A 
AATF
Section 71(1)
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4
Q

Two guys drive around with 10 grams of meth, looking for someone to sell it to; they cannot find anyone and go home.

What is the offence?

A

Possession of any Controlled Drug for Supply
Sect 6(1)(f) MODA
Life/14/8yrs

  1. Has possession of
  2. Any Controlled Drug
  3. For the purposes set out in paragraphs (c)(d)(e)
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5
Q

A girl sees another girl on her Iphone. She goes up to the girl, kicks her in the back of the leg causing her to drop her phone, she picks it up and takes off.

What is the offence?

A 
Robbery
Section 234(1)
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6
Q

A guy is part of a protest. He gets fed up and walks away. As he does he throws a picket fence pailing over his shoulder, it hits a a reporter in the head and fractures his skull.

What is the offence?

A 
Wounding with intent to injure
Sect 188(2)
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7
Q

A guy commits burglary and is trying to get away, a security guard attempts to stop him and gets bottled causing a gash in his head.

What is the offence?

A 
Aggravated Wounding
Section 191(1)(c)
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8
Q

A drug dealer is sitting at home when two rivals turn up. He pulls out a rifle and shoots at one of them trying to hit him in the shit, he misses and the rivals

What is the offence?leave.

A

DISCHARGING FIREARM or DOING DANGEROUS ACT WITH INTENT
Section 198(1)(a)
Crimes Act 1961
14 years

  1. With intent to do GBH
  2. Discharges any firearm, airgun, or other similar weapon
  3. At any person
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9
Q

A low life hangs out with school girls, Mary is 14 years and often meets with him and gives him Oral Sex

A 
Sexual Conduct with YP under 16yrs
Section 134(1)  - 10yrs

Every one who has SEXUAL CONNECTION with a young person

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10
Q

Scenario

AATF, Murder, Rape, Indecent Assault, Conspiracy, Uses a Document, Aggravated Wounding, Wounding with intent to do GBH

A

.

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11
Q

Multi Choice

Attempted Arson

A 
Attempts
Section 72(1)

Every one who:

  1. HAVING AN INTENT TO COMMIT an offence
  2. DOES or OMITS an act for the purpose of accomplishing his object
  3. Is guilty of an attempt to commit the offence intended, WHETHER in the circumstances it was POSSIBLE TO COMMIT OR NOT
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12
Q

Aggravated Burglary

A

Aggravated burglary
Section 232(1)(a) Crimes Act 1961
14years

  1. While committing burglary
  2. Has a weapon with him or her OR Uses any thing as a weapon
    **************
    Aggravated burglary
    Section 232(1)(b) Crimes Act 1961
    14years
  3. HAVING committed burglary
  4. Has a weapon with him or her, or Uses any thing as a weapon
  5. While still in the building or ship.
    *************
    Section 232(2)
    5yrs
  6. Armed with a weapon
  7. With intent
  8. To commit burglary

Every one is liable to imprisonment for a term not exceeding 5 years who is armed with a weapon with intent to commit burglary.]

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13
Q

R v Morley

Definition of Loss

A

R v MORLEY
An intention to deceive requires that the deception is practised in order to deceive the affected party. Purposeful intent is necessary and must exist at the time of the deception.
*********
The term “loss” is not defined by statute, but in most cases will involve financial detriment to the victim

Not all forms of loss will come within the section. Property or valuable things will be the subject matter of “loss”

The loss caused by deception must be in the nature of a direct loss. Indirect losses, such as expectation loss

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14
Q

When can a Section 40 warrant (CYFS) be issued?

A

Where an application for a declaration under section 67 of this Act has been made in respect of a child or young person, any DC Judge or Issuing officer, may, on application in writing, where there are reasonable grounds for believing that the child or young person is—

(a)Suffering, or is likely to suffer, ill-treatment, serious neglect, abuse, serious deprivation, or serious harm; or

b) So seriously disturbed as to be likely—
(i) To act in a manner harmful to the child or young person or any other person; or
(ii) To cause serious damage to property,—issue a warrant authorising any [constable] or a Social Worker, to search for the child or YP

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15
Q

What is the culpability of 2 persons in a Suicide where one dies and one survives?

A

Suicide Pact
Section 180

(1) Every one who in pursuance of a suicide pact KILLS ANY OTHER PERSON is guilty of
manslaughter and not of murder

(2)
- Where 2 or MORE PERSONS ENTER into a suicide pact, AND
- and in pursuance of it ONE OR MORE OF THEM kills himself
- any SURVIVOR is guilty of being a PARTY TO A DEATH under a suicide pact contrary to this subsection - not exceeding
5 years; but he SHALL NOT BE convicted of an offence against section 179 of this Act.

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16
Q

What is a person charged with for Class A Analogue = Class C Controlled Drug

A

?? (don’t understand question)

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17
Q

A person is stabbed and refuses treatment, what is the person who stabbed him liable for?

A

Sections 165 - Causing death, either by not preventing death where that was possible

Every one who by ANY ACT OR OMISSION causes the death of another person kills that person, although death from that cause might have been prevented by resorting to proper means.
*******
R v BLAUE
Those who use violence must take their victims as they find them.
EXAMPLE - Victim stabbed but refused blood transfusion because of religious belief and died. The question for decision is what CAUSED her death. The answer is stab wound. The fact that the victim refused to stop this end coming about did not break the CASUAL CONNECTION between the act and death.

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18
Q

What is stated in R v Tihi?

A

R v TIHI
In R v Tihi it was held that in proving an offence against s191, the prosecution must satisfy a “two-fold” test for intent:
1. The defendant intended to facilitate the commission of an imprisonable offence (or one of the other intents specified in paras (a), (b) or (c), and
2. He or she intended to cause the specified harm, or was reckless as to that risk.

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19
Q

SHORT ANSWERS

Definition of Dishonestly
Section 217

A

Dishonestly, in relation to an act or omission, means done or omitted without a belief that there was express or implied consent to, or authority for, the act or omission from a person entitled to give such consent or authority.

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20
Q

Definition of Murder - Section 167

A

Culpable homicide is murder in each of the following cases:

(a) If the offender means to cause the death of the person killed:

(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:

(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 does not mean to hurt the person killed:

(d) If the offender for any unlawful object does an act that he knows to be likely to cause
death, and thereby kills any person, though he may have desired that his object should
be effected without hurting any one.

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21
Q

Definition of Killing a child

Section 159(1) and (2)

A

(1) A child becomes a human being within the meaning of this Act when it has completely
proceeded in a living state from the body of its mother, whether it has breathed or not,
whether it has an independent circulation or not, and whether the navel string is
severed or not.
(2) The killing of such child is homicide if it dies in consequence of injuries received
before, during, or after birth.

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22
Q

Search and Surveillance

Section 17

A

Warrantless entry and search of VEHICLE for evidential material relating to certain offences

A constable may, without a warrant, enter and search a vehicle that is in a public place:

  1. If the constable has RGTB
  2. EVIDENTIAL MATERIAL relating to an offence punishable by imprisonment for a term of 14 years or more
  3. Is in or on the vehicle
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23
Q

Section 222(1) - who can be a nominated person

A
  1. A solicitor
  2. A parent or guardian
  3. A person the juvenile has nominated
  4. An adult member of the family or whanau
  5. Any other adult, not being an enforcement officer
  6. A person, who is not an enforcement officer, who has been nominated by you when the CYF has refused to nominate anyone.
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24
Q

Section 7(3) - What is relevant evidence?

A

Relevant evidence is defined as any

“Evidence that has a tendency to prove or disprove anything that is of consequence to the determination of the proceeding” (s7(3)).

It includes direct evidence and circumstantial evidence.

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25
Q

What must you consider in a JIP?

A

Joint Investigation Plans must agree to:
· who is involved in the case
· what they will do
· when they will do it.

IT MUST ALSO CONSIDER
· the child’s safety and well being
· any joint visits required
· the management of the child victim’s initial interview including consideration of any ethnicity needs
· the need for a specialist child witness interview, interviews of alleged offender and others including protective parent or caregiver or parent
· collection of evidence
· referral to a medical practitioner.

26
Q

What are four examples of serious child abuse?

A

SERIOUS CHILD ABUSE
Serious child abuse includes but is not limited to:
· sexual abuse
· serious physical abuse
· serious wilful neglect
· serious family violence where the child is a witness
· all allegations against CYF approved caregivers that involve serious child abuse
· all allegations against employees of CYF and NZ Police that involve serious child abuse.

27
Q

R v Rua - When is the offence 6(1)(b) complete?

A

R v RUA
The words “produce” or “manufacture” in s 6(1)(b) broadly cover the creation of controlled drugs by some form of process which changes the original substances into a particular controlled drug.
***********
The offence is complete once the prohibited substance is created, whether or not it is in a useable form.

For example in R v Rua, methamphetamine in suspension in a two-layered liquid, although not capable of being used in that state, was held to have been manufactured.

28
Q

What are the ingredients for Section 12A(2) MODA?

A 
Section 12A(2)(a) and (b)
5years

Every person commits an offence against this act who HAS in their 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 against that provision.

29
Q

What is the impact of Age on Section 6 dealing offences for Class C controlled drug?

A

Supplies Class C Controlled Drug to person 18
Sect 6(1)(e)
MODA
8yrs

  1. Sells OR Offer To Sell
  2. Any Class C controlled Drug
  3. To any person >18yrs
30
Q

Definition of Receiving - Section 246(3)

A

RECEIVES
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.

31
Q

When interviewing a child what are the two things you must prove about knowledge?

A

R v Brooks
The onus is on the prosecution to establish that the accused KNEW that the act or omission was WRONG or that it was CONTRARY TO LAW.
**********
R v Rapira
The child must know that their act was wrong but need not understand that it was
seriously wrong:

32
Q

What are the 3 intents of Kidnapping?

A

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

33
Q

What do you need to prove for Aggravated Robbery? (Aggravating features)

A

Aggravated robbery
Every one is liable to imprisonment for a term not exceeding 14 years who—
(a) robs any person and, at the time of, or immediately before or immediately after, the robbery, causes grievous bodily harm to any person; or
(b) being together with any other person or persons, robs any person; or
(c) being armed with any offensive weapon or instrument, or any thing appearing to be such a weapon or instrument, robs any other person.

34
Q

Discuss the penalty under Section 128B

A

Sexual violation - Section 128B
(1) Every one who commits sexual violation is liable to imprisonment for a term not exceeding 20 years.

(2) A person convicted of sexual violation must be sentenced to imprisonment unless, HAVING REGARD TO THE MATTERS stated in subsection (3),

the court thinks that the person should not be sentenced to imprisonment.

(3) The matters are-
(a) the particular circumstances of the person convicted; and
(b) the particular circumstances of the offence, including the nature of the conduct constituting it.

35
Q

What are the intents for Blackmail - Section 237

A

Section 237(1) CA61 - 14yrs
1. Any person
2. Threatens (Expressly or by implication)
3. To make any accusation against any person (living or dead) OR To disclose something about any person (living or dead) OR To cause serious damage to property or endanger the safety of any person
4. With Intent to cause the person to whom the threat is made to act in accordance with the will of the person making the threat
5. And to obtain any benefit or cause loss to any other person
***********
Section 239, Crimes Act 1961
Demanding with intent to steal, etc
(1) Every one is liable to imprisonment for a term not exceeding 14 years who, without claim of right, by force or with any threat, compels any person to execute, make, accept, endorse, alter, or destroy any document capable of conferring a pecuniary advantage with intent to obtain any benefit.
(2) Every one is liable to imprisonment for a term not exceeding 7 years who, with menaces or by any threat, demands any property from any persons with intent to steal it.

36
Q

Explain Corroboration. What are the 4 offences?

A

“Corroboration” is not defined in the Act. It is independent evidence that tends to confirm or support some fact of which other evidence is given and implicates the defendant in the crime charged.

(a) PERJURY
(b) FALSE OATHS
(c) FALSE STATEMENTS
(d) TREASON

37
Q

Recklessness

R v Harney

A

Acting “recklessly” involves consciously and deliberately taking an unjustifiable risk.

“[Recklessness involves] foresight of dangerous consequences that could well happen, together with an intention to continue the course of conduct regardless of the risk.”

38
Q

R v Galey

A

R v GALEY

“Being together” in the context of s235(b) involves “two or more persons having the common intention to use their combined force, either in any event or as circumstances might require, directly in the perpetration of the crime.”

39
Q

PRACTICALS

O/C Witnesses - MAARINERS

A

MAINTAIN contact with witnesses to ensure they are available for court

ATTEND - Ensure that the witnesses attend court and see to their welfare

ADVISE the 2 IC Investigation of any witnesses seeking name suppression, so they can inform the crown prosecutor

REPORT any instances of threats, intimidation/interference with witnesses, so that appropriate action can be taken

INTERPRETERS - Arrange court interpreters

NOK - Ensure victims NOK are informed of the progress of the enquiry & pending court case

EXPLAIN court procedures to witnesses

REFRESH - allow witnesses to refresh their memories from their statements

SUMMONS witnesses to prelim hearing and arrange their attendance at the trial.

40
Q

Bail Act - Section 8(2) - CHOP LSSN

A

In considering whether there is just cause for continued detention under subsection
(1), the court may take into account the following:

(a) the NATURE of the offence with which the defendant is charged, and whether it is a grave or less serious one of its kind:
(b) the STRENGTH of the EVIDENCE and the PROBABILITY of conviction or otherwise:
(c) the SERIOUSNESS of the PUNISHMENT to which the defendant is liable, and the SEVERITY of the punishment that is likely to be imposed:
(d) the CHARACTER and past conduct or behaviour, in particular proven criminal behaviour, of the defendant:
(e) whether the defendant has a HISTORY OF OFFENDING WHILE ON BAIL, or BREACHING COURT ORDERS, including orders imposing bail conditions:
(f) the LIKELY LENGTH OF TIME before the matter comes to HEARING or TRIAL:
(g) the POSSIBILITY of PREJUDICE TO THE DEFENCE in the preparation of the defence if the defendant is remanded in custody:
(h) any OTHER SPECIAL MATTER that is relevant in the particular circumstances

41
Q

Victims Rights

Section 30

A

Victim’s views about release on bail of accused or offender

1) (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

2) the prosecutor must—
(a) MUST MAKE ALL REASONABLE EFFORTS to ensure the VIEWS OF THE VICTIM has about the RELEASE ON BAIL of the accused, or, as the case requires, the offender, being released on bail are ascertained and

(b) must inform the court of any views ascertained under paragraph (a).

42
Q

O/C Body/Stripping the body

Body x5
Exhibits x6
Head x1

A
  1. The body must ONLY be stripped in the PRESENCE of the pathologist.
  2. REMOVE the body from the secure mortuary fridge and assist mortuary staff to take the body into the post-mortem examination room.
  3. REMOVE the body from the body bag, causing MINIMAL DISTURBANCE disturbance to the body.
  4. EXHIBITS - Take possession of the body bag and any sheets or wrappings used to transport the body, as exhibits.
  5. If necessary, DIRECT the Police photographer to take additional photographs to ensure that appropriate and SUFFICIENT PHOTOS OF THE BODY are taken BEFORE clothing is removed, and again after the body is disrobed. The PATHOLOGIST will LEAD direction of the photographer.
  6. REMOVE items of CLOTHING from the body. Mortuary technicians may assist to removing clothing, but only under the supervision and direction of the OC Body.

· CUTTING clothing off the body SHOULD BE AVOIDED, but may be necessary in some cases. If unavoidable, CUT in areas where EVIDENCE IS LEAST is least likely to be present.
· Search clothing POCKETS and make an inventory of each of the pocket contents.

  1. Make an INVENTORY of clothing and possessions, as each item is removed.
  2. LABEL each item of clothing and each possession.
  3. SEAL each item in a separate paper BAG or CONTAINER.
  4. Ensure exhibits DO NOT CROSS-CONTAMINATE each other by coming into contact with one other.
  5. MAINTAIN SECURITY AND CONTINUITY of the body and exhibits taken from the body, until the post-mortem examination commences.
  6. In cases involving OBVIOUS HEAD TRAUMA, before blood and debris is washed from the body, particularly the head hair, consider placing a FINE SIEVE in the mortuary table drain hole to COLLECT trace evidence that may have been transferred

The OC Exhibits is responsible for establishing required standards for the recovery, handling, labelling, storage, submission to experts, presentation at Court and disposal of exhibits and ensuring these processes are completed in accordance with the requirements set by the OC Investigation and the Serious Crime Template.

The OC Exhibits must communicate required standards to all investigation team members, usually at investigation conferences

43
Q

O/C Exhibits- Responsibilities for exhibits

  1. O/B Exhibits is responsible for ………………..
  2. PREPERED RCS
A

O/C Exhibits is responsible for:

  1. Establishing and maintaining exhibit management systems
  2. Maintaining the physical security and continuity of all exhibits.
  3. Their duties will culminate in the provision of an accurately recorded exhibit package and the availability of exhibits as required through the court process.

PREPERED RCS

The role of the O.C Exhibits is flexible. In a routine investigation they may be responsible for locating, uplifting and labelling the exhibits.

PRODUCING the relevant exhibits in court

RECEIVING the exhibits

ENSURING they are labelled by finder and accompanied by a POL 268

PREPARING the exhibits for production in court

ENSURING that exhibits are uniquely numbered

RECORDING all exhibit movements

ENSURING that the continuity of evidence is maintained

DELIVERING the exhibits for examination or analysis

RECORDING the exhibits in the Exhibit register

CONSULTING with the 2IC on the relevance of exhibits and indicating any further enquiries for production in court.

SECURING the exhibitS

44
Q

O/C Scene Responsibilities

BRUCE P

BRUC4E P2

BRUCCCCE PP

A

BRIEFING staff on their duties

RECONNAISSANCE - Conduct a reconnaissance to gain overall picture of scene and test possible reconstructions

UPLIFTING, inspecting and ensuring delivery of labelled exhibits to the exhibit recorder

CONTROLLING, freezing and preserving the scene and ensuring it is safe

COMMUNICATION - Providing communication link between the scene and O/C Investigation

COMMON - Establishing a common approach path between police cordon and scene’s focal point

COORDINATING and overseeing the crime scene examination

ENSURING scene is photographed, fingerprinted and examined by specialists before searched

PLANNING a strategy for forensic examination

PROVING relevant exhibits in court

45
Q

Objectives of a Crime Scene Exam

Establish x2
Identify x2
Corroborate x2
Exclude
Exonerate
Verify
A

ESTABLISH if a crime has been committed

ESTABLISH the crime’s key elements and provide the facts for the basis of an inquiry

IDENTIFY the suspect and place them in contact with the victim or scene

IDENTIFY people associated with the crime

CORROBORATE or contest witness and victims accounts

CORROBORATE or exclude other evidence relating to the crime or incident

EXCLUDE possible defences

EXONERATE the innocent

VERIFY confessions and admissions

46
Q

What a Scene Strategy should cover?

SSR LLIZ

A
  1. Placement of Hot/Warm/Cold Areas
  2. Protection methods for ensuring no contamination
  3. How exhibits to be handled/packaged/labelled/secured
  4. Starting place (e.g offenders entry point)
  5. A logical and systematic search method
  6. Likelihood of evidence deteriorating
  7. Any specialists required
  8. Individual tasks and area of responsibility for each member
  9. Recording system to be used/exhibit inventories/schedule/jobsheets
47
Q

Search and Surveillance Act
Visual Surveillance Device
Does it include a Camera?

A 
SURVEILLANCE DEVICE
Means a device that is any 1 or more of the following kind of devices:
(a)  An interception device
(b)  A tracking device
(c)  A visual surveillance device
****************************
VISUAL SURVEILLANCE DEVICE
Means any device used or capable of being used to observe or record a private activity.  Does not include:
Spectacles, lenses or similar device
48
Q

Section 46 - Can you use the photos?

A

Section 46
Activities for which surveillance device warrant required

(1) Except as provided in sections 47 and 48, an enforcement officer who wishes to undertake any 1 or more of the following activities must obtain a SURVEILLANCE DEVICE WARRANT

(a) use of an INTERCEPTION DEVICE to intercept a private communication
(b) use of a TRACKING DEVICE (unless it is to determine whether a thing is being handled and DOES NOT INVOLVE TRESPASS
(c) OBSERVE or RECORD PRIVATE ACTIVITY in private premises, and any recording of that observation, by means of a VISUAL SURVEILLANCE DEVICE
(d) use of a surveillance device that INVOLVES TRESPASS TO LAND OR GOODS
(e) OBSERVE PRIVATE ACTIVITY IN THE CURTILAGE OF PRIVATE PREMISES by means of Visual surveillance device:

  • and the observation is for a single investigation or a connected series of investigations
  • and the duration of the observation is more than 3 hours in any 24-hour period or 8 hours in total
49
Q

Section 45 - Trespass Surveillance

A

Section 45
Restrictions on some trespass surveillance and use of interception device

(1) Nothing in this subpart authorises any enforcement officer to undertake trespass surveillance (other than by means of a tracking device) except in order to obtain evidential material in relation to an offence—

(a) that is punishable by a term of imprisonment of 7 years or more; or
(b) against section 44, 45, 50, 51, 54, or 55 of the Arms Act 1983

(2) Nothing in this subpart authorises any enforcement officer to use an interception device except in order to obtain evidential material in relation to an offence—
(a) that is punishable by a term of imprisonment of 7 years or more;
(b) against section 44, 45, 50, 51, 54, or 55 of

50
Q

CHIS rewards

A

andlers and Co-Handlers must:

MANAGE - To avoid exposure carefully plan for and MANAGE the impact that large sums of money may have on the CHIS.

AVOID creating expectations on the part of the CHIS in relation to the level reward

PAID - Ensure rewards are PAID as per policy and the receipt forwarded to OC HSMU

SUBMIT applications for rewards and ancillary expenses

51
Q

ASA - Does it apply

Adult
Sexual Assault

A

ADULT
A person 17years at the time of reporting a sexual assault

SEXUAL ASSAULT
Sexual assault includes but is not limited to:
· sexual violation by rape or unlawful sexual connection
· indecent assault
· any form of unwanted or coercive touching or actions of a sexual nature or in circumstances of indecency
· any sexual abuse or exploitation by way of coercion, deceit, power of authority or mistaken belief
· incest.

52
Q

What to tell the victim not to do?

A

If the case is very recent (acute), it is important that any trace evidence is
preserved. You should explain this to the victim.

Where possible, victims should refrain from the following until after they have had a medical examination:
• eating or drinking
• going to the toilet (if necessary, use a toxicology kit to capture urine and ask victims not to wipe)
• washing or showering
• washing their hands or biting their fingernails
• changing clothing
• smoking
• brushing or combing hair
• brushing teeth or rinsing their mouth

53
Q

ASA after prelim interview

A

Re-ass and consider what further investigative procedures are appropriate…..

  • PUBLIC SAFETY - likelihood of a similar/connected further offending
  • SECURE/preserve fragile or diminishing evidence
  • SECURE/contain Crime Scene
  • IDENTIFY/locate witnesses
  • DETECTING/apprehending suspects
    ***************
  • Consider whether a recent photograph of the victim is necessary for evidential
    purposes
  • If Police require the victim’s clothing for examination, ensure a suitable
    change of clothing
  • Regardless of whether further investigative actions are to be taken or a formal complaint made, ensure the victim is advised of the specialist services
    available to them,
54
Q

ASA debrief with doctor

A
  1. Before the MEK is sealed, the attending officer debriefs with the practitioner asking them to:
    - Advise on any immediate needs of the victim
    - Verbally summarise the exhibits and advise their possible significance
    - Identify any forensic items that need to be taken to ESR, ASAP for analysis
    - Identify any non-intimate injuries that should be photographed
    - Identify any significant disclosures made by the victim during the examination which
    - May be useful in the Police Investigation
    - In the case of s presence and hands over the MEK, tox kit and clothing removed, bagged, labelled during exam.Dr keeps original.
    * *********
  2. Police secure the sealed kit in an appropriate refrigerator until delivery to ESR
    * *********
  3. Collect and preserve any clothing worn by the victim not already bagged by practitioner. Package, label each item of clothing separately.
55
Q

Initial Action under headings

  • People to be policed
  • Identifying and securing the scene
A

CONTROL PEOPLE AT THE SCENE

  1. Take control of the scene
  2. Exercise Warrantless powers if appropriate (SSA)
  3. Clear the scene of persons and if possible, contain them nearby
  4. ID and locate the complainant and conduct a prelim interview
  5. Arrange a detailed interview and statement

IDENTIFYING AND SECURING THE SCENE

  1. ID and preserve the scene (Freeze, guard, control, preserve)
  2. Carry out an initial assessment of the scene
  3. Use a Common approach path
  4. Clear the scene
  5. Arrange and brief scene guards - ensure scene logs are used
  6. Establish adequate cordon parameters
  7. If no immediate life is at risk, consider using stepping plates
  8. Protect fragile exhibits and any exhibit exposed to the elements
  9. Call for assistance/resources as necessary.
  10. Make appropriate records i.e. who, what, where, why, how
  11. Sketch plan/initial photographs of the scene
  12. Make accurate records and report them to the O/C Investigation ASAP where possible

Victim Identify and locate the victim(s).

Appreciation Make an initial appreciation of the incident. Assess personal risk and then preserve the lives of others.

Witnesses Locate and contain witnesses.

Scene Preserve the scene (e.g. set boundaries).

Exhibits Note evidence and preserve any that would otherwise be lost or destroyed.

Ingredients Consider whether the ingredients of the alleged offence have been established.

Powers Identify what powers are available
and consider whether to execute them.

Offenders Identify and apprehend suspect(s

56
Q

MARCH 2015 PRE REQ
ALL OF THE ABOVE AND THE FOLLOWING:

SHORT ANSWERS/MULTI CHOICE

A
  • Grooming Section 131B
  • Section 66(2)
  • Conspiracy Section 310 and when is it complete
  • Examples of Legal Duties Section 160(2)(d)
  • Nominated Adults
  • JIP - what to consider
  • R v Taisalika
  • Definition of Stupefy
  • R v Archer
  • Relevant Evidence - Section 7(3)
  • Legally Possible/Physically Impossible
  • Self Defence (multi choice) - A guy defends himself in a fight and kills a guy. What is he guilty of?
  • Blackmail - Section 137
  • Section 167
  • Involuntary/Voluntary manslaughter
  • SSA Section 17/45/46
57
Q

PRACTICALS

  1. ASA guidelines
  2. O/C Area
  3. O/C Body
  4. CHIS
  5. Victims Rights Sect 30
  6. Crime Scene
A
  1. ASA GUIDELINES
  • A 27year old male gets raped? Does this apply under the ASA guidelines?
  • What to do a victim not to do before an exam?
  • What to do after a Prelim Interview
  • Discuss debrief with Dr after the exam
58
Q

O/C Area

What to discuss at a Team Briefing

A

What to discuss at a Team Briefing

59
Q

O/C Body

Stripping of the body and Exhibits Handling

A

Stripping of the body and Exhibits Handling

60
Q

CHIS

Rewards

A

Rewards

61
Q

Victims Rights

Section 30 and 30(2)

A

Section 30 - What does a prosecutor need to do when an accused applies for bail.

62
Q

Crime Scene Examination
Initial Action under headings
- People to be policed
- Identifying and securing the scene

Scene Objectives
O/C Scene Responsibilities

A

Initial Action under headings

  • People to be policed
  • Identifying and securing the scene

Scene Objectives
O/C Scene Responsibilities

5. Prereqmock - 1/2014 (5 decks)

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