REVISION

Question 1

What can a Crime Scene Warrant be applied for?

Answer 1

(a) a serious indictable offence, or
(b) an offence that is being, or was, or may have been, committed in connection with a traffic accident that has resulted in the death of or serious injury to a person.

Question 2

Circumstances of Aggravation for Sexual Touching/Sexual Act

Answer 2

CCAP

(a) the accused person is in the company of another person or persons, or
(b) the complainant is (whether generally or at the time of the commission of the offence) under the authority of the accused person, or
(c) the complainant has a serious physical disability, or
(d) the complainant has a cognitive impairment.

Question 3

Aggravating Circumstances of Robbery

Answer 3

CAD

(a) the alleged offender uses corporal violence on any person,
(b) the alleged offender intentionally or recklessly inflicts actual bodily harm on any person,
(c) the alleged offender deprives any person of his or her liberty.

Question 4

List the five (5) conditions in the Acknowledgement of Conditions (AOC) Form to be signed by sources

Answer 4

1. Source is not protected from prosecution if they commit an unlawful act.
2. The responsibility of the NSW Police Force extends only to the acts authorised.
3. NSWPF will make every effort to protect their identity during the course of Court Proceedings, however the court may exercise discretion and disclose their identity.
4. The Source is not an employee of the NSW Police Force.
5. Restrictions placed upon contact with handler has been explained.

Question 5

Aggravating Circumstances of a Break and Enter

Answer 5

(a) Armed with an offensive weapon, or instrument

(b) In the company of another person or persons

(c) Uses corporal violence on any person

(d) Intentionally or recklessly inflicts actual bodily harm on any person

(e) Deprives any person of his or her liberty

(f) Knows that there is a person, or that there are persons, in the place where the offence is alleged to be committed.

Question 6

What are the elements of the Doctrine of Recent Possession

Answer 6

The property is stolen.

The accused had possession of the property.

The possession was recent to the actual theft.

There is no credible explanation consistent with the accused innocence.

Question 7

SAIK Time Frames and Considerations

Answer 7

Timeframe:
Generally 72 Hours

Considerations:
Showers
Eat + Drink or Smoking
Change of Clothing

Question 8

What is a “reportable death’ and where is it defined?

Answer 8

Section 6 Coroners Act

(a) Violent or unnatural

(b) Sudden and unknown

(c) Suspicious or Unusual

(e)

(f)

Question 9

What case law defines “Reckless” in respect to Reckless GBH?

What 2 part test should be applied?

Answer 9

Blackwell v. R (2011)

In order to be reckless it must be shown that the accused:

1) Actually turned their mind to possibility that the relevant action may cause GBH and,

2) Did the act anyway

Question 10

What are the Crime Scene Powers under S95 (With WARRANT)

Answer 10

SDRO

(M) SEIZE and detain all or part of a thing that might provide evidence of the commission of an offence,

(N) DIG up anything at the crime scene,

(O) REMOVE wall or ceiling linings or floors of a building, or panels of a vehicle,

(P) any OTHER function reasonably necessary or incidental to a function conferred by this subsection.

Question 11

What are the operation names for a Land search and a Marine search?

Answer 11

LandSAR (Search and rescue) facilitated by Rescue and Bomb Squad

MarineSAR (Search and rescue) facilitated Marine Area Command

Question 12

What are the Aggravating Circumstance Break and Enter?

Answer 12

(a) Armed with an offensive weapon, or instrument

(b) In company of another person or persons

(c) Corporal violence on any person

(d) Intentionally or recklessly inflicts actual bodily harm

(e) Deprives any person of his or her liberty

(f) Knows that there is a person a person or persons inside the place

Question 13

What are the Special Aggravating Circumstance Break and Enter

Answer 13

(a) Intentionally wounds or causes GBH

(b) Armed with a dangerous weapon

Question 14

What are the defences to Common Assault?

Answer 14

Section 418 Crimes Act

1. Self defence or self defence of another
   Protecting a person from harm that is imminent i.e. subduing an assault offender with no more force than necessary.
2. Defence of property
   Stop a person damaging property by restraining the person.

3.

Question 15

What is a searchable offence in relation to a search warrant?

Answer 15

Sect 46a LEPRA

(A)

(1) An indictable offence

(2) Firearm or Prohibited weapon offence

(3) Narcotics offence

(4) Child abuse material

(5) Anything stolen or unlawfully obtained

(6) Knows that there is a person a person or persons inside the place

(B) If Covert Search Warrant - means serious offence (carries 7+ Years)

(C) If criminal organisation search warrant - means organised crime offence

Question 16

What is required for establishing the grounds for a search warrant?

Answer 16

That there is, or will be, within 72 hours, in or on the the premises a thing connected with a searchable offence.

Question 17

What are the roles and responsibilities of staff at a search warrant?

Answer 17

1. Case officer - Overall co-ordination of the search warrant.
2. Warrant holder - Conduct of the search warrant, finalisation and uploading documents to CREWS
3. Video Operator - Records searching officers searching the location
4. Searching Officer - Conducts the search of the location
5. Exhibit Officer - Accepts all exhibits/Records all seizures on property seizure form, books exhibits up at the station
6. Safety Check officer - Conducting p1066 and completing after action report
7. Independent Officer - Ensures fairness