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Questions Flashcards

1
Q

After charging a shoplifter with Theft and lodging her in the cells, you receive information leading you to suspect her of further thefts.

According to Chief Justice Practice Note Guideline 2 you should:

A

Interview her again on video, caution again and question her about the new allegations.

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2
Q

“The truth may be elusive, so you may need to be persistent”. What should you keep in mind when asking persistent questions?

A

You should ask questions in a manner that will stand up to the scrutiny of the court - not cross-examination.

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3
Q

Persistent questioning is generally acceptable interviewer behaviour while cross-examination can be regarded as inappropriate interviewer behaviour?

A

True

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4
Q

Guideline 5 directs that after the completion of an interview the suspect should be given opportunity to review the interview record and:

A 
Make any additions.
AND
Sign that they have read it and agree with it.
AND
Correct any errors
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5
Q

The Investigative Interviewing Suspect guide provides direction on how to introduce a challenge.

It suggests a process of using a sequence of phrases starting with key words -

A

You said……. We have…….. Explain that…..

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6
Q

When interviewing a person suspected of committing an offence, when should the caution be administered?

A

When you have sufficient evidence to charge a person with an offence.

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7
Q

All suspect interviews should preferably be recorded by video recording unless that is impracticable or unless the person declines to be recorded by video?

A

True

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8
Q

An interviewer may be persistent in their questioning when the account given by the suspect is inconsistent and contradictory.

A

True

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9
Q

When investigating an offence you may ask questions of any person of whom it is thought that useful information may be obtained but they are under no obligation to answer your questions.

A

True

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10
Q

When cautioning a suspect you are not obliged to inform the suspect that:

A

They can decide with a lawyer whether to go on video or not.

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11
Q

The preference to video record an interview with a suspect only applies when they are suspected of committing a category 1 or 2 offence.

A

False

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12
Q

You are interviewing a male suspect about a number of offences and after you begin to probe the inconsistencies in his account he says he is not prepared to say anything else but continues to answer your questions.

Is the complete statement / video record admissible?

A

No, only the part before the suspect claimed their Right to Silence is admissible.

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13
Q

In relation to cross examination, the following is correct:

A

Questions aimed at establishing further facts from answers given are acceptable.

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14
Q

Correctly informing a suspect of the caution at the beginning of an interview ensures that the interview record will be admissible.

A

False

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15
Q

At interview you are under no obligation to advise the suspect of everything known before asking the suspects version of events

A

True

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16
Q

The Chief Justice Practice Note on Police Questioning:

A

Directs the conduct of Police interviewing practice as guided by the judiciary.

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17
Q

If a suspects right to “consult a lawyer with delay and in private” cannot be facilitated immediately by Police, what action is required first?

A

Advise the suspect of that fact and the reason for the delay.

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18
Q

According to CJPN Guideline 4, when you are questioning a suspect about statements made by a witness you should:

A

Explain the substance or nature of the witness statements to them.

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19
Q

At interview a suspect is cautioned for a second time when he reveals his involvement in another crime. He contacts his lawyer and then says he has been advised to claim his right to silence and will not answer any more questions.

You should:

A

Inform him of the allegations against him and record any response he may make.

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20
Q

A serious assault has occurred at a private party. When you arrive at the scene you wish to speak to the patrons about the assault.

In the given circumstances Police behaviour must reflect Guideline 1 of the Chief Justice Practice Note which is:

A

You must not suggest through words or actions that a person must answer your questions.

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21
Q

If during an interview you make an unconditional undertaking not to use an “off the record” statement in evidence it is likely the court will:

A

Make you honour the promise and rule the evidence as inadmissible.

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22
Q

At the engage and explain stage of a witness interview the interviewer established the “ground rules”.
Name and explain the ground rules.

A

You say they should do all the talking as you don’t know what happened and they should correct you if you misunderstand - TAKE CONTROL

You say they should tell you all they know in as much detail as possible, everything that comes to their mind - REPORT EVERYTHING

You say you understand considerable focussed effort is required and that this may be difficult so they can take time to remember - CONCENTRATE

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23
Q

If a suspect has signed your notebook that they agree with your record of the events that occurred prior to interview, then there is no need to refer to these events on video:

A

False

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24
Q

Which of the following behaviours demonstrated by a lawyer at a suspect interview would be deemed unacceptable?

A

Answering the interviewer’s questions on behalf of their client.

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25
Q

When a witness has provided a description that matches the suspect the best way to present this as a challenge during the suspect interview is to say:

A

“A witness has provided details of an offender that fits your description”

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26
Q

According to the Investigative Interviewing doctrine which of the following statements about probing questions is correct?

A

An interviewer should avoid asking probing questions beginning with “why”.

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27
Q

A 16yr old male, arrested for an indictable offence, elects his mother as his nominated person. She asks about the charges her son may face, is she entitled to an explanation?

A

Yes. The Enforcement Officer should inform her of the nature of the charges as soon as possible.

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28
Q

When a video tape of an adult witness interview is to be used as evidence-in-chief then the O/C case must ensure:

A

The witness has viewed the video and given their signed consent for it to be used.

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29
Q

An investigative interviewer knows when to use and when to avoid certain types of questions.

“Was the car you saw driving off a station wagon?” could be what type of question?

A

Leading

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30
Q

Can a written statement from a witness interview include slang, swearing, or colloquialisms as it is a legal document?

A

Yes

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31
Q

Probing or closed questions are ones that encourage only a relatively small range of responses, usually a short word or phrase.

According to the material in the Investigative Interviewing doctrine, which of the following statements about probing questions would be incorrect?

A

Probing questions are the preferred way to start a suspect interview.

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32
Q

What is generally true of the Free Recall model?

A

It does not include a challenge phase

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33
Q

The Investigative Interviewer must be knowledgeable about question types and when they should be used or avoided. Name and describe three types of questions.

A

A question that can be answered with a yes or no - CLOSED

A question that seeks to clarify information given - PROBING

A question that can influence the witness’ answer - LEADING

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34
Q

An investigative interviewer knows when to use and when to avoid certain types of questions as they may affect the quality and quantity of information given.

“Was it a green car?” is what type of question?

A

Closed

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35
Q

On being shown to the station’s interviewing room to consult with her client, a lawyer complains that a video machine is on and can be monitored from an adjacent room. She refers to the client’s rights to consult in private and requests the video machine is turned off.

What response should she receive?

A

The machine will be turned off immediately, as requested.

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36
Q

During an interview the suspect alleges another officer has been stopping them unnecessarily and wants to make a complaint.

Should a suspect’s complaint affect the interview progress in any way?

A

Yes, the complaint should be noted on video and the suspect told that they will be referred to a senior officer following this interview.

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37
Q

A suspect declines the services of a lawyer but although he agrees to an interview he says “if you keep that video running I won’t say anything.”

What should you do?

A

Explain the advantages of a visually recorded interview and say he has the option of preparing a written statement.

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38
Q

Which of the following behaviours demonstrated by a lawyer at interview would be unacceptable?

A

Challenging the interviewer on the validity of the allegations made.

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39
Q

When determining the correct charge for an “assault” offence an offenders intent may be identified by: (4)

A
  1. The extent of the harm inflicted on the Victim
  2. Words a witness heard spoken by the offender
  3. The offender’s admission of intent to injure the Victim
  4. The weapons or degree of force used by the Offender
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40
Q

Section 10 of the Summary Offences Act 1981 is the only offence that specifically deals with “Assault on Police”

A

False

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41
Q

Gary sees Bert walking along the road with Gloria his ex-girlfriend. Gary is upset because he thinks that Bert stole Gloria from him. Gary picks up an empty plastic rubbish bin and throws it at Bert it misses Bert but hits Gloria.

This type of assault on Gloria is classed as an “indirect assault”.

A

False

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42
Q

Jo has an argument with his neighbour and is so enraged that he burns his cigarette into his neighbours face repeatedly causing in excess of 10 burns.

However, 12 months later and before the jury trial in relation to the incident, the burn marks have faded so much that they are no longer visible.

Which charge is the most appropriate?

A

With intent to injure anyone, disfigures

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43
Q

Stan sees Nigel walking along the road with Gloria, Stan’s ex-girlfriend. Stan is furious. He steps in front of them and says menacingly, “Get off my street or you’ll get this”. Gloria and Nigel are frightened. Stan raises a fist and demonstrates a punching movement.

Can Stan be charged with Assault?

A

Yes - because Nigel and Gloria have reason to believe Stan can harm them.

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44
Q

John and Harry attend the same party. John dislikes Harry as he now goes out with Harry’s ex-girlfriend.

John approaches Harry, forms a fist and says, “Leave now or you will get this fist in your face”. Harry quickly leaves and you investigate the incident.

A

This is an offence of “Assault” as Harry was threatened by John by his words and gesture and the placing of a condition on the threat does not negate the offence.

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45
Q

What is the appropriate term for each of the following injuries?

  1. loss of consciousness by punch to the head
  2. Facial scarring
  3. Fractured skull
  4. Gash to leg
  5. Loss of an index finger
A
  1. Injury
  2. Disfigure
  3. Grievous bodily harm
  4. Wounds
  5. Maim
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46
Q

Harry sees Melanie and her 15 year old son walking in the mall. Harry approaches and begins arguing with Melanie. Melanie’s son intervenes and Harry punches him the chest.

Harry should be charged with Assault on a Child?

A

False

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47
Q

You are dealing with a Suspect who has caused an injury to a person.

The term “to injure” means to cause:

A

Actual bodily harm to a person

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48
Q

Josephine is walking along the road when she takes an instant dislike to Mary who is jogging in the opposite direction. Josephine picks up a rock, turns around, and throws it at the back of Mary’s head. The rock misses and Mary fearing for her safety runs away.

Josephine should be charged with the offence of “attempted assault” in relation to her actions?

A

False

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49
Q

During a fight at a very crowded local bar, Steve grabs a pool cue and starts swinging it around. He doesn’t want to hurt anyone but gets carried away and hits a bar patron around the head. The injuries to the bar patron consist of a fractured eye socket and fractured skull.

The most appropriate way to describe Steve’s actions in the bar is that he

A

Acted with reckless disregard for the safety of others.

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50
Q

Steve and John are “play fighting” when Steve tells John to punch him in the stomach to prove how hard and toned his abdominal muscles are.

John punches Steve twice in the stomach with a closed fist causing minor bruising.

John should be charged with Common Assault

A

False

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51
Q

Joe and Steve break into a vehicle parked up a residential driveway. They rip the GPS system from the dashboard and take a mountain bike from the boot of the vehicle.

As they run down the driveway they are confronted by the owner who attempts to stop them getting away. Steve punches the homeowner in the face causing him to fall to the ground and Joe and Steve run away.

What is the most appropriate assault offence?

A

Aggravated Assault (Section 192 Crimes Act 1961)

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52
Q

During a game of rugby there is some pushing and shoving between the two front rows. Steve falls to the ground and is then trampled by one of the opposing players as the scrum moves forward.

The opposing player cannot be charged with assault as Steve has given implied consent to undergo the reasonable risks associated with the game of rugby.

A

True

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53
Q

A person can be charged with “aggravated assault” if that person punches a Police officer attempting to execute a warrant to arrest in relation to failing to appear in the District Court.

A

True

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54
Q

Susan lives with Karen. They have an argument over who is going to eat the last piece of chocolate cake resulting in Susan plunging a knife into Karen’s chest and lacerating Karen’s lung

In relation to Section 188 of the Crimes Act 1961 the most appropriate description in relation to the puncture of Karen’s lung would be:

A

A Wound

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55
Q

Steve goes to his local pub where after a few drinks he gets into an argument with his friend Gerry. Gerry becomes so enraged with Steve that he yells out “you really deserve this” and smashes his glass twice into Steve’s face causing the glass to shatter. Steve suffers severe lacerations to his cheek and lip and a fractured eye socket.

What is the most appropriate Crimes Act 1961 assault offence?

A

Wounding with Intent (Section 188(1))

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56
Q

Bill is tagging a fence with a pen. When confronted by the owner Bill reacts by stabbing him in the chest. Bill flees the scene as he is fearful of arrest.

The most appropriate charge in relation to Bill’s actions would be under Section 191 Crimes Act 1961 - “aggravated wounding or injury”

A

False - Neither vandalism or intentional damage under the Summary Offences Act 1981 are a crime.

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57
Q

When leaving a house with a set of golf clubs Mary is confronted by the property owner. Mary holds up a screwdriver and yells “if you try and stop me I’ll get you with this”

The threat made by Mary may be sufficient for a charge under Section 191 of the Crimes Act 1961 in relation to the term “by any violent means render any person incapable of resistance”

A

True

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58
Q

John holds a knife to the throat of a dairy owner while his mate steals cigarettes from behind the counter. In his haste to get away John’s knife causes a small cut to the dairy owner’s neck.

For a charge to be successful under Section 191 of the Crimes Act 1961 and with reference to R v Tihi (1989) 2 NZLR 29 (CA) it must be shown that John:

A

Foresaw that the actions undertaken were likely to expose others to the risk of suffering the harm

AND

Meant to cause the specified harm to the dairy owner

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59
Q

Jo intends to cause grievous bodily harm to Steve. He attacks him with a knife but only manages to make one shallow cut across Steve’s forearm.

Jo cannot be charged under Section 189 of the Crimes Act as the cut would not be classed as grievous bodily harm.

A

FALSE - The lack of harm is not an issue. It is sufficient that there was intent to cause GBH.

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60
Q

Jane punches Kathy. The punch connects with Kathy’s nose and there is a great deal of blood as a result of the bleeding nose.

As there is a flow of blood from the nose Kathy has suffered a “wound”.

A

FALSE - A wound requires proof of a breaking of the skin.

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61
Q

To come within the definition of assault the force used must be intentional applied. Which of the following falls within the specific requirement of “intentional application”

A

A person hits one person and force is inadvertently applied to another - TRUE

A person is reckless and consequently force is applied to another - FALSE

A person tries to strike one person but misses and hits another - TRUE

An accidental pushing of one person into another person - FALSE

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62
Q

Jo gets into an argument with Steve at a local bar. The argument escalates and in her anger Jo grinds her cigarette twice in to the face of Steve. The resulting injury consists of two burns.

Jo is charged with disfiguring Steve under Section 188(2) Crimes Act 1961. Shortly after the incident the two burns are no longer visible. The Section 188(2) charge can proceed despite the burns having healed.

A

True

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63
Q

Harry and Ben argue on the street outside a local bar. Harry grabs a glass bottle from the rubbish bin, shouts “I hope this hurts” and swings the bottle at Ben’s head. Ben ducks, the bottle shatters against the bar wall and the glass fragments cut the hand and face of a passing pedestrian, Jennifer.

Harry could be charged with “assault with intent to injure” in relation to Jennifer:

A

True

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64
Q

“To injure” is defined in Section 2 of the Crimes Act 1961 as to cause actual bodily harm.

“Actual bodily harm” can include:

A

Any hurt or injury calculated to interfere with the victim’s health or comfort - TRUE

Psychiatric injury to the Victim if it some identifiable clinical condition - TRUE

A black eye as the result of a punch to the face of the Victim - FALSE

Rendering a Victim unconscious for a short period of time - TRUE

A small bruise after the Victim has been grasped around the wrist - FALSE

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65
Q

Tom intentionally drives his vehicle at slow speed at his neighbour after an argument over the tress on the fence line between their two houses.

The vehicle clips the neighbours leg and causes minor bruising and grazes.
Tom’s vehicle could be classed as a “weapon” under Section 202C Crimes Act 1961.

A

True

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66
Q

Assaults vary in nature and seriousness. Which of the following need to be considered when deciding on the most appropriate assault offence with which to charge an offender.

A

The intentions of the Offender - TRUE

The degree of harm inflicted on the Victim - TRUE

The surrounding circumstances and the nature of the offence - TRUE

That the Offender attempted to apply force on the Victim - FALSE

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67
Q

John, a respondent of a protection order, rings his estranged wife to tell her that his mother has been injured in a car accident and is critically ill. He says he wants his 12 year old daughter to see her grandmother before she dies.

John has breached the standard non-contact conditions of the Protection Order. He should be arrested and charged with a breach of Protection Order.

A

False

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68
Q

In relation to domestic (family) violence the term “violence” includes: (4)

A
  1. Sexual Abuse
  2. Psychological abuse
  3. Threats of physical, sexual or psychological abuse
  4. Physical abuse
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69
Q

Aaron is “punched over” by his father after staying out overnight and he is badly bruised and shocked. Aaron is 15 years of age.

A

Aaron’s father should be charged with “common assault” as Aaron is 15

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70
Q

Joanne and Steve are both 16 years of age. They are twins and live in their family home with their parents. You are called to a family violence occurrence at the address where there is sufficient evidence to arrest Steve for assaulting Joanne. Steve has lost his temper and hit Joanne on previous occasions.

A PSO can be issued against Steve to ensure the safety of his sister, Joanne.

A

False

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71
Q

How long can Police detain a person for the purpose of authorisation, issuing and serving of a PSO?

A

Two hours only

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72
Q

Mary is the Respondent of a Protection Order in relation to her ex-partner Josephine. Mary hears through the grapevine that Josephine has a new girlfriend so asks a friend to go around and question jospehine to find out some details.

Can Mary be arrested for breaching her protection order when she herself has not approached the protected person?

A

Yes

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73
Q

The term “Wilfully neglects” in relation to section 195 Crimes Act 1961 (Cruelty to a Child) means:

A

Deliberate or reckless failure to provide care

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74
Q

Michael threatens to hit Sylvie after they argue about watching a programme on the television. Michael’s threat of physical abuse would not be classed as violence as it is a single threat only and there must be a number of acts of abuse showing a pattern of behaviour.

A

False

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75
Q

A person is in a domestic relationship with another person if the person:

A

Is a family member of the other person
Is a partner of the other person
Has a close personal relationship with the other person

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76
Q

Which one of the following Acts contains the most appropriate power to enter a person’s house without warrant to protect their children from injury?

A

Children, Young Persons and their Families Act 1989

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77
Q

In determining whether a person has a close personal relationship with another person which of the following factors must be considered?

A

The duration of the relationship between the two persons

The nature and intensity of the relationship between the two persons

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78
Q

When preparing any opposition to Bail for a F.V offender Police must consider whether there is (3):

A

A possibility of risk to the safety of the victim’s family

An adequate safety plan in place for the Victim and their family

Need for the offender to have a “cool off” period in Police custody

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79
Q

These two following circumstances in F.V are considered to place a victim at heightened risk of injury:

A

When attempted strangulation has occurred

When the violence is increasing in frequency and severity

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80
Q

Tai is involved in a fight outside his local bar. He punches Bruce several times in the face and as Bruce hits the ground Bruce’s cellphone falls from his pocket. Tai sees the cellphone, picks it up and then leaves the scene.

The most appropriate charge in relation to the actions of Tai would be “robbery”?

A

False

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81
Q

Phillip has been watching the movements of the local dairy owner. He bikes past the dairy owner on her way to the bank and snatches the dairy owner’s cash bag from her hand. She is furious but unharmed.

The actions of Phillip would be sufficient to constitute the offence of “robbery”?

A

False

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82
Q

George is running down a crowded street. He grabs the shoulder bag of a passing female. He twists her arm as she tries to hold on to her bag. The pain causes her to let go of the bag and George takes off. The most appropriate offence in relation to the actions of George is:

A

“Robbery” as the theft was accompanied by a sufficient level of violence.

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83
Q

John has used violence to obtain property to which he believes he is entitled to.

If a defence of claim of right to a charge of “Theft” is used by John this defence would also negate a charge of “robbery”.

A

True. If the mental element required for theft cannot be established there can be no robbery.

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84
Q

A dairy owner is punched and tied up. The offender then leaves the dairy owner in the shop and goes to the storeroom at the rear of the yard and steals two boxes of cigarettes.

The Offender would not be liable for robbery as the theft of the boxes of cigarettes was not in the immediate presence of the Victim

A

False

85
Q

Steve and Keith are walking down the road together. Steve is wearing an All Whites football jersey. Henry wants the football jersey so walks up to Keith, punches him in the face, and yells at him to tell Steve to give up his jersey otherwise he will punch him again. Steve fearing that Keith might be hurt takes off his jersey and gives it to Henry.

What offence has Henry committed?

A

“Robbery” as Henry has used violence and stolen property.

86
Q

Doug and Colin have no money so decide to hide in the bushes and wait for a pedestrian to go by so they can steal that person’s cash. As a pedestrian approaches Doug changes his mind and takes off. Colin hits the pedestrian and searches his pockets. He finds no money but takes an MP3 player instead.

Colin is liable for:

A

“Robbery” as he has used violence on the pedestrian and stolen the MP3 player.

87
Q

As Zoe is walking along the road she sees a female sitting at the bus stop listening to a pink coloured MP3 player. Zoe decides that she wants it, punches the victim in the face and runs away with the MP3 player. As she gets down the road Zoe changes her mind, returns the property to the victim and apologises. What offence has Zoe committed?

A

Robbery

88
Q

Amy, a staunch Silver Ferns supporter, is walking around the Central City when she sees Lucy wearing an Australian Diamonds beanie. Amy hates any other team other than the Silver Ferns so punches Lucy and then kicks her several times in the head when she falls to the ground.

As Amy is running away she sees Lucy’s beanie on the ground and decides to take it. Has Amy committed robbery?

A

Amy is not liable for the offence of “Robbery”

89
Q

Shelly and Steve decide to steal some cigarettes from their local Dairy. Steve goes in to the Dairy and threatens the dairy owner with a knife forcing him to hand over cash and boxes of cigarettes. Shelley stays in the car outside as the getaway driver and is unaware Steve has the knife.

Both Shelley and Steve are liable as principles for “aggravated robbery” as they were together at the dairy?

A

False

90
Q

The term “Grievous Bodily Harm” in relation to an offence of “aggravated robbery” means:

A

Really serious harm

91
Q

Sheila stands immediately beside and watches her good friend Aroha punch and kick a passing pedestrian so that Aroha can steak her handbag. Stella’s presence at the robbery without active participation in it is not sufficient for an offence of “Aggravated Robbery”

A

True

92
Q

Marty punches Simon in the head and demands that he hands over his money. Marty’s associate verbally threatens to kick Simon and is standing beside Marty as the Victim hands over a twenty dollar note. The actions of Marty would be sufficient to satisfy the requirements of a joint enterprise between two or more persons in relation to “Aggravated Robbery”

A

True

93
Q

Paul is waiting at the bus stop talking on his cellphone. He is approaches by Andrea and Jill who demand that he hand over the cellphone to them. Paul ignores them. Andrea then pushes Paul backwards and punches him in the face. Jill grabs the cellphone but Paul manages to get it back from her and the girls run away. What offence has been commited?

A

Aggravated Robbery

94
Q

John and Tai are both armed with knives. They threaten their taxi driver that if he doesn’t hand over his money he will be stabbed. The taxi driver laughs at them and both John and Tai run away without the cash. As John and Tai are together, armed with knives and threaten to stab the taxi driver they would both be liable for “Aggravated Robbery”?

A

False

95
Q

George enters the local Dairy. He takes some biscuits from a shelf and hides them under his jacket to exit the store. The dairy owner chases him down the street, George stops running, turns and punches the dairy owner in the face and kicks him in the head. The dairy owner falls to the ground as George runs away. As George has used violence to avoid being caught for the theft he would be liable for “Robbery”?

A

False

96
Q

In relation to the “intent to steal” ingredient of “Demanding with Menaces” the prosecution must show that the offender acted dishonestly and without claim of right. A belief in legal entitlement to demand the thing demanded is therefore a defence?

A

True

97
Q

Dave decides to rob the local bank. He leaves a rifle in his vehicle parked down the street from the bank. He goes in to the premises and tells the teller that if she doesn’t hand over the money he will go to his car, get his gun and blow her head off. Dave’s actions would not be sufficient to satisfy the “armed with an offensive weapon” ingredient of “Aggravated Robbery”

A

True. The use of the phrase “armed with” means that the accused has the weapon either on the accused’s person or immediately available.

98
Q

Two offenders intend to rob an office manager of his laptop. They approach the Victim and tell him that if he does not hand over his computer they will smash his head in. The Victim, believing that he is about to be assaulted, runs off and keeps possession of his computer.

The most appropriate charge in relation to both offenders would be “Assault with intent to Rob”?

A

True

99
Q

A patched gang member sits down on a seat next to an elderly lady and asks her for a cigarette. The woman does not answer so the gang member moves closer and says, “Give me a cigarette now, you bitch”. Scared by the gang members words and conduct she hands one over.

The gang member should be charged with “Demanding with Menaces” in relation to his actions?

A

True

100
Q

Henry gets in to a fight with Steve as he thinks Steve is seeing his girlfriend. He punches and kicks Steve. Steve falls to the ground and is slow to get up.

Henry sees that he has an opportunity and decides to steal Steve’s wallet which is falling out of a pocket but is unsuccessful in taking it from him.

Henry should be charged with “Assault with intent to Rob”?

A

True

101
Q

Joe arms himself with an imitation firearm and successfully robs his local bank of cash.

Joe is able to be charged with “Aggravated Robbery” as the imitation firearm falls within the definition of “anything appearing to be an offensive weapon”?

A

True

102
Q

John is desperate for some cigarettes. He goes in to a dairy, puts his finger in his pocket and points it at the dairy owner pretending that he has a firearm. The dairy owner gives John two boxes of cigarettes and John flees the scene

John’s actions would be sufficient to charge him with “Aggravated Robbery” as he has pretended to be armed and has stolen the cigarettes?

A

False. The definition of “Armed with an offensive weapon” is not met if the accused is merely pretending to possess such a weapon so that a person who merely extends a finger of a hand in a pocket and claims that the protrusion is a gun is not relevantly in possession of any “thing”.

103
Q

A couple is parked up in a local park when they are dragged out of the car by a group of youths. The youths threaten to punch the female if the male does not hand over the keys to his his car. The male gives them the keys and the youths drive off in the vehicle.

As the threats of violence were not directed against the male the youths can only be charged with “assault” on the female and “demanding with menaces”?

A

False

104
Q

The offence “Demanding with menaces”, section 239(2) Crimes Act 1961, is complete as soon as a person forms the intention to steal property from a person?

A

False

105
Q

Sharon is waiting at a taxi stand when she is approached by a patched gang member with extensive facial tattoo’s. He asks Sharon if she smokes, Sharon is afraid, panics and gives the gang member her packet of cigarettes.

The most appropriate offence would be “robbery” as Sharon handed over the property due to the gang member’s demeanour and look?

A

False

106
Q

It would be appropriate to charge an offender with “Assault with intent to rob” where violence has been used but robbery for whatever reason has not been completed.

A

True

107
Q

Jim goes in to the supermarket on his way home from softball practice. He is carrying his softball bat in his hand. While waiting in the queue he decides to rob the supermarket and threatens the checkout operator that if he doesn’t hand over the money he will get hit around the head with the bat.

If Jim carries through with his plan, he would be liable for “Aggravated Robbery”. Although Jim’s initial carriage of the softball bat was innocent his later actions would deem it an offensive weapon?

A

True

108
Q

While searching a crime scene you must be aware of intangible evidence.
Which of the following could provide intangible evidential material?

A

Facebook account

109
Q

What might cause contamination? (5):

A

A crime scene lacks clear boundaries, pathways and security.
Evidence is inadvertently added to an exhibit post-incident.
An examiner wears the same gloves to uplift different exhibits.
Exhibits are not correctly packaged or secured.
Equipment used has not been correctly cleaned.

When the material collected cannot be linked to the investigation – FALSE
Forensic material is exposed to rain or sunshine - FALSE

110
Q

Chain of Evidence refers to:

A

The official record of Exhibit collection, security and movement.

111
Q

Elimination samples refers to samples (eg. Hair, fingerprints, shoeprints) taken from people who are not under investigation for the offence but who may have come in to legitimate contact with the crime scene evidence – TRUE

Evidential material, in relation to a particular offence, means evidence of the offence or any other item, tangible or intangible, of relevance to the investigation of the offence.

A tangible item that could be evidential material is

A

A locked iphone

112
Q

What are the forensic conepts being described in the following statements?

  1. The movement of exhibits is not recorded
  2. The crime scene is dowsed in continuous rainfall
  3. The offender is taken back into the scene for interview
  4. Many people enter and leave the scene
A
  1. Evidential integrity
  2. Deterioration
  3. Transfer
  4. Contamination
113
Q

Under what conditions is DNA (blood sample) known to deteriorate? - provide two correct examples

A
  1. When packaging creates conditions that cause it to degrade
  2. When expose to extremes of weather conditions

The following are false examples:

  1. When handled without gloves or masks
  2. When it has exited the body for up to 2 hours
114
Q

In a Forensic sense what does ‘Persistence’ refer to:

A

The length of time biological material can be detected following a crime.

115
Q

Classify the following types of evidence:

Blood, paint flakes, semen, glass fragments.

A

Biological, physical, biological, physical

116
Q 
An impression can be left by which of the following?
The sole of a shoe or boot
A tool used as a lever
Drops of saliva or semen
A finger or palm print
A

All except drops of saliva or semen

117
Q

Which of the following statements are true:

  1. Trace evidence cannot be seen by the human eye
  2. Trace evidence may be of a biological or physical nature
  3. Trace evidence may only be seen by specialist Forensic personnel
  4. Trace evidence is usually found in particles or small fragments
A

2 and 4

118
Q

Evidence is only relevant to an investigation if it has a tendency to prove anything that is of consequence to the case.

A

False

119
Q

The relevance of Forensic evidence is reliant on what people say or do.

A

False

120
Q

A woman dances with a man, Male A, who is wearing a red jersey and she gets red fibres on her top. Late in the evening she dances with another man, Male B, and some of the red fibres are transferred to the shirt of that man.

The scenario is an example of Secondary transfer between:

A

The woman and Male B.

121
Q

Which of the following situation describe when Transfer between victim and offender can occur?

When victim and offender are not seperated during initial action

When the offender is present in the scene prior to the incident

When one vehicle is used to transport the victim and the offender

When professional medical assistance is given to the victim at the scene

A

The first three

122
Q

The ‘Golden Hour’ concept refers to the time when:

A

Evidential material is more readily available at the crime scene

123
Q

Entomology is the science of studying:

A

Insects

124
Q

Elimination samples are taken from:

A

People who had legitimate contact with the scene or an exhibit

125
Q

Initial Action guidelines instruct that when setting the parameters at a serious crime scene you should (3):

A

Use emergency tape to establish the cordon parameters

Extend the parameters as widely as possible to capture any exhibits the suspect
may have discarded

Arrange a brief scene guards with clearly defined duties

126
Q

he Initial Action scene party must not move any items in a serious crime scene unless it:

A

Will be affected by the weather and cannot be protected

127
Q

If you are a member of an Initial Action team at the scene of a suspicious death and the medical officer confirms the victim is deceased, then you must secure the scene and:

A

Do not touch or move the body under any circumstances

128
Q

An immediate statement taken in circumstances where you believe the victim may be admissable even if….

A

May be admissable if it is not signed

129
Q

The briefing and handover to the O/C investigation by the O/C of the initial incident must include information about (4):

A

What has not been done, what action has been taken, what needs to be done, what has occured

  1. What has not been done
  2. What action has been taken
  3. What needs to be done
  4. What has occured
130
Q

Establishing a ‘Common approach path’ into the scene of a serious crime for all visitors to the scene is the responsibility of the Initial Action Party:

A

True

131
Q

The Initial response team must prevent post incident cross contamination between other witness(s), the victim(s) and suspect(s) by considering (3):

A

Taking physical evidence samples from witnesses at the scene

Transporting the Victim and Suspect in different vehicles

Using different interview rooms for other witnesses, the victim and suspect back at station

132
Q

The first priority of staff arriving at the scene of a serious crime is:

A

The safety of attending Police Officers

133
Q

When a victim of a Victims Rights Act 2002, section 29 offence is transported to hospital from a crime scene, an officer should accompany the victim to ensure their clothing is…

A

Collected and preserved for the exhibit collection

134
Q

The O/C Initial Action Party could decide to immediately uplift an item from a scene of a serious crime when the item:

A

Cannot be protected from the elements and will deteriorate

135
Q

Your prompt initial action at a serious crime scene has led to the apprehension of a male closeby who is acting suspiciously. During a preliminary interview with him you should:

A

Make a notebook entry of his details and demeanour

136
Q

The purpose of an initial recconnaisance by the first on the scene officers at a serious crime scene is to:

A

Survey the scene to establish the action required to secure

137
Q

En route to the scene of a serious crime the initial action team must formulate a plan for scene entry that:

A

Avoids any known suspect from the scene

Considers factors that may effect scene preservation

Delegates responsibilities for action between them

138
Q

The I Car is first to the scene of a serious crash incident where 2 people in one car are injured and trapped. The Constables first duty is to:

A

Ensure the crash scene is as safe as possible

139
Q

The purpose of the preliminary interview with the witness at the scene of a serious crime is to:

A

Gather information for your handover briefing

Obtain their identity particulars and contact details

False examples:
Ascertain their legal reason to be at the scene

Ascertain who needs to be seperated and kept apart

140
Q

During a crime scene examination you find a small amount of a dry substance in a jar. To determine if it is to be collected for analysis you can:

A

Examine it with gloved hands

141
Q

When a window frame at a crime scene shows signs of tool marks to force entry it is important to:

A

Take control samples of paint or window from the surrounding area

Photograph the impression or mark in full light prior to collecting evidence

Remove the entire damaged area (if practicable) for forensic examination

142
Q

It is important to consider the sequencing of examinations when submitting crime scene material for forensic analysis because DNA analysis can destroy the forensic evidence required for fingerprint examination

A

True

143
Q

When packaging documents that are to be forwarded to the document examinator you should (4):

A
  1. Enclose document package between sheets of card
  2. Complete labels before attaching to the exhibit package
  3. Unfold dry papers and package flat in plastic sleeve or envelope
  4. Include warning notes on labels if the document is also required for fingerprinting
144
Q

To avoid loss or contamination, small quantities of powders or tablets found at a crime scene must be packaged in self sealing plastic bags inside a standard drugs envelope

A

True

145
Q

The basic rule for electronic equipment located at a crime scene is “if it is off, leave it off, if it is on, leave it on”

A

True

146
Q

When a cell phone is located at a crime scene, turning it off or letting the battery run flat is advisable

A

False

147
Q

The minimum standards governing the collection of any item/exhibit that is likely to be submitted for DNA forensic analysis are:

A

Gloves and masks should be worn

Handle one item of evidential material at a time

148
Q

During a scene examination you find a cellphone. You observe that it is turned on. What action should you take to uplift the phone :

A

Leave it switched on, uplift and contact ECL for advice.

149
Q

It is important to call a fingerprint officer to a homicide scene because latent fingerprints in blood and other contaminants on a body can be destroyed when a body is moved

A

True

150
Q

Because deleted images can very easily be recovered from digital cameras, the guidelines direct:

A

Digital cameras are assigned to a named position or employee

151
Q

An exhibit package that is to be forwarded for analysis:

A

Must be accompanied by a completed POL143

Must be sealed by the collector at the time of collection

152
Q

Safety precautions are essential when uplifting blood or other bodily fluids at serious crime scenes and also to ensure evidence contaminated with blood is safe for forensic examination and court. Accordingly you should:

A

Cover any abrasions on hands and use double gloves

Discard used gloves and clothing in biohazard container

Package exhibits securely and label with biohazard warning

153
Q

An exhibit collected for the forensic evidence it holds should be uplifted, packaged and examined only by people wearing gloves and protective clothing

A

True

154
Q

When packaging an exhibit in a windowed paper bag or Kleensak you must:

A

Fold over the top of the bag 2 to 3 times and seal with tape

155
Q

An exhibit that is wet should be promptly packaged, sealed and labelled to avoid further deterioation

A

False

156
Q

Scene records including photographs, sketches, drawings and notebook entries must be completed prior to searching for and uplifting any material from the crime scene

A

True

157
Q

The Digital Imaging Guidelines direct that any digital image that is to be produced as evidence must:

A
  1. Be validated by image numbering and the taker
  2. Have been downloaded to a Police/secure computer
  3. Be secured in a master ‘Read Only’ format
158
Q

An Exhibit Schedule produced for the court contains records of:

A

Only those exhibits collected at the crime scene – FALSE

Photographs and video/DVD interview tapes – TRUE

All the material gathered for forensic analysis – FALSE

The identification number allocated to each exhibit – TRUE

159
Q

The O/C scene must minimise risk of contamination of the material collection by ensuring persons working in a serious crime scene:

A

Use gloves to remove and package any exhibit – TRUE

Are directly briefed about the zonal requirements – TRUE

Work with haste to package and remove exhibits – FALSE

Package exhibits in clean and dry containers – TRUE

160
Q

Which of the following types of evidence located at a crime scene can be instrumental in establishing a personal signature or characteristic (Modus Operandi) of committing a crime:

A

Where and when the offence occurred – TRUE

When fingerprints provide positive identification – FALSE

What property was removed or damaged – TRUE

How the offender entered the scene – TRUE

161
Q

A reconstruction is a theory about took place in a given area over a relevant period of time and how it is likely to have happened

A

True

162
Q

Think about the definition of a crime scene and select the situation most likely to lead to cross-contamination:

A

When scene equipment is re-used without cleaning

163
Q

Which of the following tasks is not the responsibility of an exhibits officer:

A

Establish the relevance of the exhibit to the enquiry.

164
Q

Police procedures for ‘Managing the Hot Zone’ at a serious crime scene direct the O/C scene to:

A

Brief examiners on the search strategy

Establish a transition area for Hot Zone protection

Display instructions about protective clothing

165
Q

A common approach path to and from the crime scene is established to:

A

Control access to the scene to prevent contamination

166
Q

What is the name of the search described in each statement below:

  1. When a pattern of same size square overlays the scene and each square is examined
  2. When the scene is divided into completely separate zones
  3. When the scene is divided evenly spaced parallel lines and the examiners move in one direction
  4. When the search begins from the centre and moves through concentric circles to the perimeter
A
  1. Grid
  2. Zone
  3. Lane
  4. Spiral
167
Q

Which of the following actions take place at the scene headquarters in the Cold Zone:

A

The scene search strategy is communicated – TRUE

Scene examiners discard protective clothing – FALSE

Logbook records are kept of all staff movements – TRUE

Scene exhibits are packaged, sorted and stored – FALSE

168
Q

To manage a serious crime scene the O/C scene will place scene gaurds on the perimeter of a serious crime scene and them to:

A

Keep notebook records of all movements near the scene – TRUE

Give a general response to public or media enquiries – FALSE

Prevent all unauthorised access into the scene – TRUE

Be alert to circumstances that may cause contamination – TRUE

169
Q

Following handover from O/C Initial Action Party, the O/C scene examination will carry out a scene reconnaisance. What is the purpose of a reconnaisance by the O/C scene (4):

A
  1. Preliminary survey of the crime scene
  2. Encompasses a four step appreciation
  3. Outcome of a reconnaisance by the O/C scene is a plan for action
  4. Includes a deliberate and purposeful assessment of the scene
170
Q

The ‘Warm Zone’ is partly designed to provide an area for:

A

Collecting, recording and securing the exhibit collection

171
Q

A plan or strategy for scene examination at the location of a serious crime is the responsibility of the O/C scene. When communicating a scene examination strategy the O/C scene must instruct:

A
  1. The search pattern for the scene examination
  2. How the forensic examination will be conducted
  3. When and where scene briefings will occur
  4. How scene security is to be managed
172
Q

A scene examination strategy record is a documented report providing an overview record of the management strategies, procedures followed and outcomes achieved at the scene examination phase

A

True

173
Q

Stepping plates are used in the ‘Hot Zone’ of a major crime scene because they can:

A

Be easily placed and repositioned in the scene

Direct examiners to a pathway through the scene

Be easily cleaned and can be re-used

174
Q

The zone model provides a structured approach to the management of serious crime scene examinations. Zoning a scene helps to:

A
  1. Establish set procedures for evidence protection
  2. Control access to the crime scene
  3. Avoid contamination of the scene and exhibits
  4. Maintain an appropriate standard of safety
175
Q

Scene logs (name, time, date, designation) of people movements in a serious crime scene are essential for a serious or major crime investigation because they:

A
  1. Are an essential component of the “chain of evidence”
  2. Verify the use of elimination samples for the forensic examination
  3. Are a component of safe systems for managing crime scenes
176
Q

The O/C initial action party is responsible for effectively briefing and conducting handover to an O/C scene on their arrival at a serious crime scene. What information is essential to the integrity of the crime scene examination:

A

Details of any post incident movement in the crime scene

177
Q

R v Weaver defined the term ‘cross examination’ as it applies to interviewing suspects. How was it defined?

A

Questions put to a suspect to either whittle down or differentiate answers already given because they weren’t accepted

178
Q

As a condition of your SW app, an IO may require you to complete

A

A S104 search warrant report

179
Q

Should a person who is intoxicated at interview be treated as a special consideration witness?

A

Yes because they will not fully understand the reason for the interview.

If you decide they are too intoxicated you should still attempt to obtain brief details.

180
Q

Which words best describe the appreciation technique

A

A four step problem solving process that informs decision making

181
Q

What are the aims of case management (CMM) discussions?

A

To determine whether the case will proceed to trial and make arrangements to resolve any issues before trial

182
Q

Which example is incorrect? A written statement from a witness interview:

  • Can not include slang, swearing or colloquialisms as it is a legal document
  • Must record the witnesses narrative of events in chronological order they occurred
  • Should ideally be recorded on Police investigative interviewing form II
A

Can not include slang, swearing or colloquialisms as it is a legal document

183
Q

What must happen before a judge can require a plea to be entered?

A

Initial disclosure has been given and the defendant has had the opportunity to obtain legal advice

184
Q

Representation refers to the behaviour of the interviewer who:

A

Allows the suspect to have a support person in the interview

185
Q

When charged with Cat 3 offence, pleading not guilty and wants to elect jury trial. When can you elect?

A

At the same time you enter not guilty plea

186
Q

In the engage and explain phase of an interview with a witness who is fearful or distressed about the consequences of making a statement you should:

A

Correct answer to be determined:

  • consider their concerns and assess their reasons, discuss with your supervisor if a visually recorded interview is required
  • Alert a supervisor to the status as a special consideration witness and the need for a specialist interviewer
  • consider their concerns and do not proceed with the interview if they do not have a support person
187
Q

If a suspect’s right to consult and instruct a lawyer without delay and in private cannot be facilitated immediately by Police, what action is required first?

A

Advise the suspect of that fact and the reason for the delay.

188
Q

Last week you were called to a large department store where security advises they have CCTV evidence of the female 18yrs old shoplifting clothing. On further investigation you find the young woman has an extensive youth file which includes numerous incidents of dishonesty and theft. Which one of the following public interest factors most supports prosecution in this case?
- Likelihood of offence being repeated
- Seriousness of the offence
Circumstances of the defendant

A

Likelihood of offence being repeated.

189
Q

Before applying for a SW, you must be sure that the offence you suspect is being, has been or is about to be committed is:

A

an offence punishable by imprisonment

190
Q

If during an interview you make an unconditional undertaking not to use an “off the record” statement in evidence it is likely the court will:

A

?

191
Q

Who is responsible for filing formal statements?

A

The O/C

192
Q

All material gathered during an investigation should be evaluated through which filters?

A

Relevance, reliability, admissibility

193
Q

Simon is having an extremely noisy party at his house. A noise abatement noitce has been served on Simon but he decides to ignore it and turn the stereo up louder. The local council agent returns to the address to seize the stereo. Simon picks up a golf club, holds it up in the air and states to the agent “the stereo is not going anywhere and if you come any closer I will smack your head in”. What is the most appropriate Crimes Act 1961 assault offence?

A

Assault with intent to injure.

194
Q

When completing a search warrant application, you must describe:

A

Your own personal belief that the warrant is justified and the facts on which this is based

195
Q

When completing a search warrant application, you must describe:

A

Your own personal belief that the warrant is justified and the facts on which this is based

196
Q

The Judge must exclude a defendant’s statement if they are satisfied the statement was improperly obtained. What is the standard of proof required?

A

Balance of probabilities

197
Q

Karen (16) is the rear seat passenger in a car driven at speed by her friend Shane (17 who holds a restricted drivers licence. Shane fails to give way at a busy intersection and collides with another vehicle. Following the impact, his car spins out of control and crashes through the fence of John’s house close to the intersection. Both youths are injured and Karen, who is not wearing a seat bet, is thrown from the vehicle and suffers severe head injuries that will require considerable rehabilitation and medical care. Sam (27), the driver of the other car, escapes with minor cuts and bruises but his car is written off. Anaru (4) who was riding his tricycle on the footpath is severely frightened. The crash is another in a series of vehicle accidents at the intersection and the neighbouring community is fearful of further injuries or a road death. Identify the victim/victims in the above incident.

A 
Karen - suffers physical injury as the result of an offence
Sam - loss of property
John - damage to property
Anaru - suffers emotional harm
Their families
198
Q

A special consideration witness is one who

A

Is affected by the nature of the offence or has personal characteristics affecting their ability to communicate easily.

199
Q

When you need to remove a wet exhibit from a crime scene, how should you transport it to the police station?

A

Uplift and secure in an unsealed paper bag or kleensak. Storing in plastic bag can cause DNA material to degrade.

200
Q

After arguing with a dairy owner a man storms out of the dairy. A short time later the dairy owner hears a loud bang and sees a large crack in the shop window. The man is standing across the road. On arrival you interview the man. After a few questions he says, “It was his fault because he was smart to me.” You continue with the interview until the man is arrested for breaking the window. When should this suspect have first received rights/caution?

A

When the suspect stated to you that it was the dairy owner’s fault that the window had been broken.

201
Q

Because deleted images can very easily be recovered from digital cameras, the guidelines direct:

A

Digital cameras are assigned to a named position or employee.

202
Q

You are considering charging someone with Burglary. Before you do you must satisfy the Test for Prosecution contained in the Solicitor-General’s Prosecution Guidelines. Which component of the test should you conduct first?

A

The evidential test - if the evidence meets the evidential test we can then consider the public interest.

203
Q

If no Police Bail conditions are imposed, the date of the defendant’s first appearance must be which of the following?

A

No more than 7 consecutive days from the date bail was granted.

204
Q

With respect to a victim’s property that may be held as evidence Police are obliged to:

A

Discuss the evidential requirement with the victim and ensure the property is returned as soon as practicable after it is no longer needed.

205
Q

The initial action party at the scene of a serious crime must work quickly to:

A

Remove people from the scene to reduce further contamination.

206
Q

Can a person charged with MAF, a category 3 offence, elect a jury trial?

A

Yes - all category 3 offences can be heard by a judge or jury.

207
Q

What must you explain to the suspect about the reason for the interview?

A

You must explain to a suspect what they are being interviewed about and the possible charge they may face - the degree of jeopardy they are under.

208
Q

A good charging decision is made when the charges chosen adequately reflect the nature and extent of the criminal conduct and…

A

The court is provided with an appropriate basis for sentence

209
Q

You are about to interview a 15 year old burglary suspect when his nominated person informs you the suspect has the mental age of a 5 or 6 year old. In the given circumstances, which is the most appropriate interview model to use?

A

Minimise the risk of influencing the suspect by using the Free Recall model

CIK Cards (3 decks)

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