presumption of innocence (booklet three) Flashcards
Lesson one
What are examples of illicit drugs?
- amphetamines
- cannabis
- cocaine
- hallucinogens
- heroin
Lesson one
What does to use a drug refer to?
to smoke, inhale, or introduce into a person’s body
Lesson one
What type of offence is using a drug of dependence?
summary offence
Lesson one
what are the consequences of using a drug of dependence?
- use of cannabis: max penalty of up to 5 penalty units & no penalty of imprisonment
- severe illicit drugs: max penalty of a fine up to 30 penalty units or imprisonment for 1 year, or both
Lesson one
What does it mean to be in possession of a drug?
physical control or custody of the drug
Lesson one
What must the prosecution prove to establish a guilty conviction of the accused?
must prove the accused knew of the presence of the drug and intended to possess the drug
Lesson one
What are the consequences of being in possession of cannabis?
- in possession of cannabis in small quantity and no trafficking involved, carries a penalty of not more than 5 penalty units
- if 1st time usually cautioned
Lesson one
What is a narcotic plant?
cannabis and opium poppies
Lesson one
What does it cultivating a drug refer to?
sow, grow, plant, tend, nurture or harvest
Lesson one
What does it cultivating a drug refer to?
sow, grow, plant, tend, nurture or harvest
Lesson one
What type of offence is cultivation of a narcotic plant?
serious offence
Lesson one
What is the consequence if the court is satisfied that the cultivation was not related to trafficking?
penalty is a fine of no more than 20 penalty units, or imprisonment for one year, or both.
Lesson one
What can trafficking a drug involve?
- preparing & manufacturing an illegal drug
- agreeing to sell an illegal drug
- offering an illegal drug for sale
- actually selling an illegal drug
- possessing a large amount of an illegal drug
Lesson one
what are the consequenes of trafficking non-commercial quantities?
maximum penalty is imprisonment for 15 years, or a fine of up to 1800 penalty units, or both
Lesson one
What are the consequences for trafficking to a person under the age of 18 years of age?
maximum penalty is imprisonment for 20 years, or a fine of up to 2400 penalty units, or both
Lesson one
What are the consequences for trafficking commercial quantities?
maximum penalty is imprisonment for 25 years, or a fine of 3000 penalty units, or both
Lesson two
what is the definition of ‘domestic violence’?
A situation where a person (usually a woman) experiences abuse at the hands of a partner / ex-partner (usually a man)
Lesson two
What is verbal abuse?
threats; put-downs; frequent derogatory comments
Lesson two
what is economic abuse?
Denying opportunity to work / access to money
Lesson two
what is social abuse?
denigrating partner in public; demanding to know every movement; disallowing friends
Lesson two
what is sexual abuse?
forced or unwanted sex
Lesson two
what is physical abuse
punching; kicking
Lesson two
what is psychological abuse?
deliberatly undermining partner’s self-confidence, leading them to believe they are useless or mentally unsound
Lesson two
what is the “cycle of violence”?
- violence may not happen all the time
- partners may be sorry after violent episode
- both parties may feel guilty / blame themselves / make excuses
- abuse may continue & even escalate
Lesson two
why might people be unable to break the “cycle of violence”
- hope that the situation may change
- shame & guilt
- impact on children
- financial dependence
- fear of retaliation
- lack of information & support
Leson two
what does the Violence Against Women in Australia 2016 report state?
1 in 4 comen have experienced violence by an intimate partner
Lesson two
what does the Victorian Royal Commision 2016 report state?
that in Victoria, 75% of victims of family violence incidents attended by police were female & 77% were male
Lesson two
what does the Fact Check 2016 report state?
reports that at least 1 in 6 women & 1 in 20 men have experienced at least one incidence of violence from a current or former partner since that age of 15
Lesson three
How does the legal system deal with family violences cases?
- The victim may apply for an intervention order
- Initiate criminal or civil proceedings
- Apply to the Family Court for an injunction
Lesson three
What is an intervention order?
- a legally enforceable document that aims to provide a person, their children and their property w/ protection
- has conditions to stop the respondent from using family violence against the proptected person
Lesson three
depending on the conditions of intervention oders, what might the law require the respondent do?
- stop the behaviour
- not contact or communicate w/ the protected person, or get somone else to do it for them
- not go to or stay near the protected person, or get someone else to do it for them
Lesson three
What act introduced interim family violence intervention orders?
the Family Violence Protection Amendment Act 2014 (Vic)
Lesson three
What is an interim family violence intervention order?
a temporary order that protects a person (& any children) from a family memeber who is using family violence
Lesson three
Why might a court make an interim order where an intervention order application has been made?
the protected person need immediate protection before the application can be determined by the court
Lesson three
What is a family violence safety notice?
a temporary notice issued by the police that protects a person (&any children) from a family member who is using family violence
Lesson three
What is a family notice considered to be?
- an application by the police for an intervention order
and - a summons for the respondent to attend court in relation to the intervention order application
Lesson three
What does the crimes (family violence) (holding powers) act 2006 (vic) give police?
gives police the power to direct a perpetrator of violence to leave the family home & remain at a place specified by police
Lesson three
What will happen if a perpetrator does not comply with police powers?
- arrest & detention (max 6 hrs (possibly extended by court))
Lesson three
When is are the police powers given by the crimes (family violence) (holding powers) act 2006 (vic) used?
used in cases where it is necessary to protect the victim until the police can apply for the intervention order on the victims behalf
Lesson three
What acts can perpetrators of domestic violence be charged under?
- the crimes act 1958 (vic)
- summary offences acct 1966 (vic)
Lesson three
what are the difficulties regarding criminal actions
- Offence must be proven beyond reasonable doubt
- No ongoing protection offered to the victim
- Giving evidence is traumatic for the victim
- Could lead to further violence in the home
Lesson four
Define child abuse
- an act by parents or caregivers which endangers a child or a young person’s physical or emotional health or development
(can involve single incident h/w usually over time)
Lesson four
What does the children youth and families act 2005 (vic) define a “child” as?
as any person under 17 years old
Lesson four
what are the four broad categories of child abuse?
- physical abuse
- neglect
- sexual abuse
- emotional abuse
Lesson four
what is physcial child abuse?
child is seriously injured through act of physcial violence (kicking; beating; stabbing; thrown; burnt)
Lesson four
What is neglect?
child not adequately looked after for long periods of time / abandoned. Includes insufficient food, clothing, shelter, medical care
Lesson four
what is sexual child abuse?
person uses authority, forcefully or not, to get the child to participate in sexual activities for an older person’s gratification
Lesson four
what is emotional child abuse?
repeateadly subjected to threats / deprived of love / humiliated over long periods of time
Lesson four
who are perpetrators in reference to child abuse?
often people known & trusted by the child (parents; step-parents; de factos; teaches; coaches)
Lesson four
what are the causes of child abuse
child abuse causes vary: individual personalities: social / economic / environmental situations
Lesson four
what are the effects of child abuse?
- long-term effects on child & society
- range of emotional, physical & psychologial problems
- more likely to be aggressive & self-destructive; truant; drug / alcohol problems; young criminal offenders
- impacts on society: increased crime; demands on social services; cycle of child abuse.
Lesson three
what is the legal option of civil proceedings?
- victim may sue the perpetrator for assualt & battery, claiming compensation for pain & suffering.
- aim will be to restore the victim to the position he or she was in prior to the violence
Lesson three
what are the difficulties regarding civil action?
- Costs & delays of civil action
- Likely to aggravate the situation
- Perpetrator may not have funds to pay the victim
Lesson three
what is a family court injunction?
- stops the person assaulting / harassing another & entering premises
- issued by family court and federal circuit court under the family law reform act 1996
- if urgent matters heard w/n days
Lesson three
who are family court injunctions available to?
onlu available to married / divorced / de facto couples
Lesson four
What are the impacts of child abuse on a childs development?
- reduced social skills
- poor school performance
- impaired language ability
- higher likelihood of criminal offending
- negative physical health outcomes
- mental health issues (ed, depression, anxiety, substance use, suicide
Lesson five
what are the different types of legal proceedings in cases of child abuse?
- Protection application in Children’s Court
- Criminal proceedings in MC, CC, SC
- Civil action seeking compensation
- Application for an intervention order
- Application for compensation for Victims of Crimes Assistance Tribunal (VOCAT)
Lesson five
What is a protection application in children court (1.)
- child protection orker will investigate the issue & try to help the family
- if serious child face prospect of being taken into care / placed in foster home / w/ relatives
- parents may be given restricted access to the child
Lesson five
what do ciminal proceedings regarding child abuse entail?
- in MC / CC / SC
- police informed & perpetrator charged w/ crime (minor assualt to murder)
Lesson five
what does civil action seeking compensation entail?
victim can sue the perpetrator or others who knew about the abuse & had a duty to stop the harm, but did not do so
Lesson five
what is an application for a family violence intervention order (FIVO)
- order stopping the perpetrator from coming near the victim.
- made through MC
Lesson five
What does VOCAT do?
- provides assistance to victims of crime who have experienced pain & suffering or financial losses as the result of a violent crime or series of violent crimes
Lesson five
what act is victims of crimes assistance governed by?
the victims of crime assistance act 1996 (vic)
Lesson five
how to apply for financial assistance from VOCAT?
- The matter must have been reported to police w/n reasonable time
- The crime must have directly led to the injury to the victim
- The crime must have occurred in Victoria w/n the last two 2 yrs
